HomeMy WebLinkAboutMINUTES - 04182000 - C40 Cont�W
TO: Board of SupervisorsCosta
FROM: Transportation, Water and Infrastructure County
Committee
DATE: April 17, 2080
SUBJECT: Adopt Positions on Transportation-Related Leglslation (AB 1612 and SB 1772)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
SUPPORT
AB (1612 Torlakson-D) Allocates $100 million annually from the General Fund to
cities and counties, by formula, for road purposes.
OPPOSE= UNLESS AMENDED
SB 1772 (Brulte-R) Diverts $12 million to the State Bicycle Transportation Account
(BTA) from state gas tax subventions for cities and counties.
Eligibility requirements for the BTA are severely restrictive.
Amendments would revise BTA requirements and enable
more jurisdictions to compete for these funds.
FISCAL IMPACT
AB 1612 would provide over $1 million annually to the County for road purposes. SB
1772 would slightly reduce the state gas tax subventions to the County, which are used
for road purposes.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r 4 .
SIGNATURE (S): S rvisor Jahn Gioia Sue or Ga le B. Ullkema
ACTION OF BOARD April 18, 2000 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XXUNANIMOUS (ABSENT - - - } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Steven Goetz (9251335-1240) ATTESTED__ Ap ri I$• .2QQQ
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF
Public Works Department, T.E. THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
JGlmlk
S.1Adv-Trans\Goetz\MARJORI EVaw.bo.doc
Adopt Positions on Transportation-Related Legislation !'
April 17, 2000
Page 2
BACKGROUND REASONS FOR RECOMMENDATIONS
The Transportation, Water and Infrastructure Committee will meet on April 17 to
consider various legislative matters. However, it would be advantageous for the
Board to act quickly on AB 1612 and SB 1772, so the Committee has scheduled its
recommendations on these two bills for the Board's consideration on April 18, 2000.
AB 1612 (Torlakson-D) Transportation and Transit Assistance (see Exhibit A):
Existing law allocates $100 million annually from the General Fund to the State Transportation
Fund for use by Caltrans and public transit operators. This transfer from the General Fund
represents a portion of the General Fund revenues generated by the sales tax on gasoline.
Assemblyman Torlakson proposes to increase that amount to $200 million annually, and from
that amount, deposit $100 million into a new account named the Neighborhood Street
Improvement Account. These revenues would be allocated by formula, similar to our state gas
tax subventions, to cities and counties for road purposes. Our legislation program for 2000
includes a goal to seek transportation finance reform that includes additional funds for local
street and road maintenance. AB 1612 is consistent with that goal.
8B 1772 (Brulte-R) State Bicycle Transportation Account (see Exhibit B)
Existing law requires that a certain portion of state gas tax subventions available to cities and
counties, be diverted to the Bicycle Transportation Account (BTA). This amount increases to
$5 million annually by 2004. SB 1772 requires that this amount increase to $12 million annually
commencing in 2001. The BTA provides funding to Caltrans, cities and counties for bicycle
transportation purposes. Only cities and counties with a bicycle transportation plan prepared
pursuant to state regulations are eligible to apply for funds from the BTA. State law governing
preparation of a bicycle transportation plan requires ten elements and detailed documentation
that many jurisdictions are unable to complete. Brentwood is the only jurisdiction in the county
with an approved bicycle transportation plan. Caltrans is eligible to receive BTA funds but is
exempt from the bicycle transportation plan requirement. This bill should be opposed unless
it is amended as follows:
- allow certain alternative documents to be used by a city or county instead of a bicycle
transportation plan;
- require Caltrans, in cooperation with cities, counties, and regional agencies, to prepare
guidelines for the application for funds from the BTA; and
- allocate BTA funds only to cities and counties.
Our legislative program for 2000 includes a goal to seek legislation that will allow cities and
counties to use alternative planning documents for the State Bicycle Transportation Account
Program. SB 1772 would be inconsistent with that goal unless it includes the requested
amendments.
EXHIBIT A
AMENDED IN SENATE MARCH 14, 2000
AMENDED IN SENATE JANUARY 6, 2000
AMENDED IN SENATE JUNE 22, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY APRIL 6, 1999
CALIFORNIA LEGISLATURE-•-1999-2000 REGULATE SESSION
ASSEMBLY BILL No. 1+612
Introduced by Assembly Members Torlakson and Florez
(Principal coauthor.Assembly Member Longville)
(Principal coauthor: Senator Karnette)
February 26, 1999
An act to add Section 12435 to the Government Code, and
to add Section 7.104 to the Revenue and Taxation Code,
relating to transportation, and making an appropriation
therefor.
LEGISLATIVE COUNSMS DIGEST
AB 1612, as amended, Torlakson. Transportation:
eenge9tion relief transit assistance: local street
improvement.
The Sales and Use Tax Law provides for the allocation of the
revenues derived from the taxes imposed under that law for
various specific purposes, with the balance being allocated to
the General Fund. It specifically provides for the allocation to
the Public Transportation Account in the State
Transportation Fund of those state sales and use tax revenues
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AB 1612 —2—
derived
2—
derived from the application of sales and use tax to that
portion of the price of motor vehicle fuel resulting from the
increase after December 31, 1989, in the rate of state motor
vehicle fuel taxes.
This bill would create the Transpertatien Deng en Relie€
and Leea4 Read imprevement Neighborhood Street
Improvement and Transit Assistance Account (hereafter the
first account) as a continuously appropriated account in the
State Transportation Fund.
The bill would require the Controller to transfers--fa
the amount of $100,000,000 $200,000,000 per
year from the General Fund to the first account, as specified,
and would thereby make an appropriation. This provision
would not apply in any quarter during which the Governor
has proclaimed a state of emergency and declared that the
emergency will result in a significant negative fiscal impact to
the General Fund.
The bill would require the Controller to allocate the money
in the first account on a quarterly basis, except as specified,
with 50% allocated to the Public Transportation Account,
25% allocated to counties, including a city and county, in
accordance with certain formulas, and 25% allocated to cities,
including a city and county, apportioned among the cities in
the proportion that the total population of the city bears to the
total population of all the cities in the state.
The bill would create the Neighborhood Street
Improvement Account Whereafter the second account) as a
continuously appropriated account in the State
Transportation Fund.
The bill would require the State Board of Equalization, in
consultation with the Department of Finance, to estimate, on
a quarterly basis, the revenues, less refunds, derived during
the previous quarter from application of sales and use tax to
that portion of the price of motor vehicle fuel resulting from
imposition of the federal tax on gasoline and imposition of the
tax on motor vehicle fuel under the Motor {vehicle Fuel
License Tax Law. The estimate would not include the
revenues derived from the application of sales and use tax to
that portion of the price of motor vehicle fuel resulting from
the increase after December 31, 1989, in the rate of state
94
--3— AB 1612
motor vehicle fuel taxes. The bill would require the board to
inform the Controller, in writing, of the amount estimated as
specified.
The bill would require the Controller to transfer, on a
quarterly basis, the amount estimated as specified above from
the General Fund to the second account, and would thereby
make an appropriation. This provision would not apply in any
quarter during which the Governor has proclaimed a state of
emergency and declared that the emergency will result in a
significant negative fiscal impact to the General Fund.
The bill would require the Controller to allocate the money
in the second account on a quarterly basis, with 50% allocated
to counties, including a city and county, in accordance with
certain formulas, and 50% allocated to cities, including a city
and county, apportioned among the cities in the proportion
that the total population of the city bears to the total
population of all the cities in the state.
The provisions of the bill would become operative on the
date that Senate Constitutional Amendment 3 of the
1999-2000 Regular Session is approved by the voters to
authorize the imposition of an additional sales and use tax for
the funding of transportation in certain counties.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known and may be cited
2 as the Neighborhood Street Improvement and Transit
3 Assistance Act.
4 SEC. 2. Section 12435 is added to the Government
5 Code, to read:
6 12435. (a) The Tfaasfleftatien Gengestien Relief and.
7
8 12435. (a) The Neighborhood Street Improvement
9 and Transit Assistance Account is hereby created in the
10 State Transportation Fund. Notwithstanding Section
11 13340, all money in the account is hereby continuously
12 appropriated, without regard to fiscal years, to the
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AB 1612 —4-
1
4--
1 Controller for allocation in accordance with subdivision
2 (c).
3 (b) Except as provided in subdivision (f), the
4 , the ameen
5 of one hendred millien dellars , ,
6 General Fund to the Controller shall transfer the
7 amount of two hundred million dollars ($200,000,000) per
8 year from the General Fund to the account. The transfers
9 shall be made on a quarterly basis, with four transfers of
10 fifty million dollars($50,000,000) each per year.
11 (c) The Controller shall allocate the money in the
12 account on a quarterly basis as follows:
13 (1) Fifty percent to the Public Transportation
14 Account, a trust fund in the State Transportation Fund.
15 Funds transferred under this paragraph shall be
16 appropriated by the Legislature as follows:
17 (A) To the Department of Transportation, 50 percent
18 for purposes of subdivision (a) or (b) of Section 99315 of
19 the Public Utilities Code.
20 (B) To the Controller, 25 percent for allocation
21 pursuant to Section 99314 of the Public Utilities Code.
22 Funds allocated under this subparagraph shall be subject
23 to all of the provisions governing funds allocated under
24 Section 99314 of the Public Utilities Code.
25 (C) To the Controller, 25 percent for allocation
26 pursuant to Section 99313 of the Public Utilities Code.
27 Funds allocated under this subparagraph shall be subject
28 to all of the provisions governing funds allocated under
29 Section 99313 of the Public Utilities Code.
30 (2) Twenty-five percent to counties, including a city
31 and county, in accordance with the following formulas:
32 (A) Seventy-five percent of the funds payable under
33 this paragraph shall be apportioned among the counties
34 in the proportion that the number of fee-paid and exempt
35 vehicles that are registered in the county bears to the
36 number of fee-paid and exempt vehicles registered in the
37 state.
38 (B) Twenty-five percent of the funds payable under
39 this paragraph shall be apportioned among the counties
40 in the proportion that the number of miles of maintained
94
•--5-- AB 1612
1 county roads in each county bears to the total number of
2 miles of maintained county roads in the state. For the
3 purposes of apportioning funds under this subparagraph,
4 any roads within the boundaries of a city and county that
5 are not state highways shall be deemed to be county
6 roads.
7 (3) Twenty-five percent to cities, including a city and
8 county, apportioned among the cities in the proportion
9 that the total population of the city bears to the total
10 population of all the cities in the state.
11 (d) Funds received under paragraph (2) or (3) of
12 subdivision (c) shall be deposited as follows in order to
13 avoid the commingling of those funds with other local
14 funds:
15 (1) In the case of a city, into the city gas tax fund.
16 (2) In the case of a county, into the county road fund.
17 (3) In the case of a city and county, into a local account
18 that is designated for the receipt of state funds allocated
19 for transportation purposes.
20 (e) No city, county, or city and county, may use any
21 allocation made to that entity under paragraph (2) or (3)
22 of subdivision (c) for any purposes other than those
23 authorized to be funded under Article XIX of the
24 California Constitution.
25 (f) Subdivision (b) does not apply in any quarter
26 during which the Governor has proclaimed a state of
27 emergency and declared that the emergency will result
28 in a significant negative fiscal impact to the General
29 Fund.
30 SEG. 2. Seer
31 SEC. 3. Section 7104 is added to the Revenue and
32 Taxation Code, to read,-
33 7104. (a) The Neighborhood Street Improvement
34 Account is hereby created in the State Transportation
35 Fund. Notwithstanding Section 13340 of the Government
36 Code, all money in the account is hereby continuously
37 appropriated, without regard to fiscal years, to the
38 Controller for allocation in accordance with subdivision
39 (c).
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AB 1612 —6-
1
--6--
1 (b) Except as provided in subdivision (f}, all of the
2 following shall occur on a quarterly basis:
3 (1) The State Board of Equalization, in consultation
4 with the Department of Finance, shall estimate the
5 revenues, less refunds, derived during the previous
6 quarter under this part at the 4 �I4 percent rate that
7 resulted from imposition of the federal tax on gasoline
8 and imposition of the tax on motor vehicle fuel under the
9 Motor Vehicle Fuel License Tax Law (Part 2
10 (commencing with Section 7301)). The estimate may not
11 include the revenues described in paragraph (2) of
12 subdivision (a) of Section 7102.
13 (2) The State Board of Equalization shall inform the
14 Controller, in writing, of the amount estimated under
15 paragraph(1).
16 (3) The Controller shall transfer the amount
17 estimated under paragraph (1) from the General Fund
18 to the account.
19 (c) The Controller shall allocate the money in the
20 account on a quarterly basis as follows.
21 (1) Fifty percent to counties, including a city and
22 county, in accordance with the following formulas.
23 (A) Seventy-five percent of the funds payable under
24 this paragraph shall be apportioned among the counties
25 in the proportion that the number of fee paid and exempt
26 vehicles that are registered in the county bears to the
27 number of fee-paid and exempt vehicles registered in the
28 state.
29 (B) Twenty-five percent of the funds payable under
30 this paragraph shall be apportioned among the counties
31 in the proportion that the number of miles of maintained
32 county roads in each county bears to the total number of
33 miles of maintained county roads in the state. For the
34 purposes of apportioning funds under this subparagraph,
35 any roads within the boundaries of a city and county that
36 are not state highways shall be deemed to be county
37 roads.
38 (2) Fifty percent to cities, including a city and county,
39 apportioned among the cities in the proportion that the
94
--7-- AB 1612
1 total population of the city bears to the total population
2 of all the cities in the state.
3 (d) Funds received under subdivision (c) shall be
4 deposited as follows in order to avoid the commingling of
5 those funds with other local funds:
6 (1) In the case of a city, into the city gas tax fund.
7 (2) In the case of a county, into the county road fund.
8 (3) In the case of a city and county, into a local account
9 that is designated for the receipt of state funds allocated
10 for transportation purposes.
11 (e) No city, county, or city and county, may use any
12 allocation made to that entity under subdivision (c) for
13 any purposes other than those authorized to be funded
14 under Article XIX of the California Constitution.
15 (f) Paragraph (3) of subdivision (b) does not apply in
16 any quarter during which the Governor has proclaimed
17 a state of emergency and declared that the emergency
18 will result in a significant negative fiscal impact to the
19 General Fund.
20 SEC. 4. Sections 2 and 3 of this act shall become
21 operative on the date that Senate Constitutional
22 Amendment 3 of the 1999-2000 Regular Session is
23 approved by the voters to authorize the imposition of an
24 additional sales and use tax for the funding of
25 transportation in certain counties.
C
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EXHIBIT B
SENATE BILL No. 1772
Introduced by Senator Brulte
February 23, 2000
An act to amend Section 2106 of the Streets & Highways
Code, relating to highways, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1772, as introduced, Brulte. Highways: Bicycle
Transportation Account: funds.
Existing law requires that the amount of $1,000,000 during
each of the calendar years 1998, 1999, and 2000, $2,000,000
during each of the calendar years 2001 and 2002, $3,000,000
during the calendar year 2003, and $5,000,000 during the
calendar year 2004, and annually thereafter be transferred
from the Highway Users Tax Account in the Transportation
Tax Fund to the Bicycle Lane Account in the State
Transportation Fund. Money in the Bicycle Lane Account is
continuously appropriated for specified purposes.
This bill, commencing on July 31, 2001, would increase the
amount required to be transferred to the Bicycle Lane
Account to $1,000,000 per month and would require the
transfer to occur on the last day of each month. The bill would
thereby make an appropriation by increasing the amount
transferred to a continuously appropriated fund.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
99
s/
SB 1772 —2—
The
2The people of the State of California do enact as follows.
1 SECTION 1. Section 2106 of the Streets and
2 Highways Code is amended to read:
3 2106. A sum equal to the net revenue derived from
4 one and four one-hundredths cent ($0.0104) per gallon
5 tax under the Motor Vehicle Fuel License Tax Law (Part
6 2 (commencing with Section 7301) of Division 2 of the
7 Revenue and Taxation Code) shall be apportioned
8 monthly from the Highway Users Tax Account in the
9 Transportation Tax Fund among the counties and cities
10 as .
11 T .e _t ilable--tinder this seetien shmoibe
12 apportioned,-"follows:
13 (a) Four hundred dollars ($400) per month shall be
14 apportioned to each city and city and county and eight
15 hundred dollars ($800) per month shall be apportioned
16 to each county and city and county.
17 (b) 44te following ametin Commencing on July 31,
18 2001, the sum of one million dollars ($1,000,000) shall be
19 transferred to the Bicycle Transportation Account in the
20 State Transportation Fund
21 yettrs,
22 , ($1,000,000)-.
23 ,
24 f 1,000,000)-.
25 ,
26 ($2,909,000)-.
27 f ($3,000,000)7
28 , end annually thefeafter;
29 dellars-($5;x 00,080) on the last day of each month.
30 (c) The balance shall be apportioned, as follows:
31 (1) A base sum shall be computed for each county by
32 using the same proportions of fee-paid and exempt
33 vehicles as are established for purposes of apportionment
34 of funds under subdivision (d) of Section 2104.
35 (2) For each county, the percentage of the total
36 assessed valuation of tangible property subject to local tax
37 levies within the county which is represented by the
38 assessed valuation of tangible property outside the
99
I
17�✓t�
—3— SB 1772
1 incorporated cities of the county shall be applied to its
2 base sum, and the resulting amount shall be apportioned
3 to the county. The assessed valuation of taxable tangible
4 property, for purposes of this computation, shall be that
5 most recently used for countywide tax levies as reported
6 to the Controller by the State Board of Equalization. if an
7 incorporation or annexation is legally completed
8 following the base sum computation, the new city's
9 assessed valuation shall be deducted from the county's
10 assessed valuation, the estimate of which may be
11 provided by the State Board of Equalization.
12 (3) The difference between the base sum for each
13 county and the amount apportioned to the county shall
14 be apportioned to the cities of that county in the
15 proportion that the population of each city bears to the
16 total population of all the cities in the county. Populations
17 used for determining apportionment of money under
18 Section 2107 are to be used for purposes of this section.
0
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