HomeMy WebLinkAboutMINUTES - 04202004 - C44 TO: Board of Supervisors
Contra
FROM: Transportation, Water and Infrastructure Committee f , Costa
(Supervisor Millie Greenberg, Chair)
County
DATE: April 12, 2004
SUBJECT: Transportation legislation
SPECIFIC REQUEST{S} OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1)ADOPT a new legislative goal for 2004 relating to public and private ports, maritime terminals
and rail yards;
2) ADOPT "support" positions on AB 775, ACA 24, and SB 1443; and
3) ADOPT "watch" positions on AB 2847 and SB 1514.
FISCAL IMPACT
NONE to the General Fund. Several of the bills described here would protect existing state
funding programs for transportation, or create additional transportation revenues, which could
benefit the County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board of Supervisors in November 2003 adopted a set of goals for transportation legislation
for 2004. The Transportation, Water and Infrastructure Committee recommends adding a goal
related to improving security at ports, marine terminals and rail yards, and reducing the impacts of
ports and rail yards on adjacent neighborhoods. This goal is not explicitly covered by any of the
goals already adopted by the Beard. It could apply to any of the privately operated maritime ports
and rail yards in Contra Costa County, as well as public facilities such as the bort of Oakland. A
revised set of legislative goals,with the proposed new port-related goal added, is shown in Exhibit
A as recommended by the Transportation, Water and Infrastructure Committee. The additional
port-related goal is the only proposed revision to the goals.
CONTINUED ON ATTACHMENT: X YES
MWANNOWSONNOM
RECOMIMENDZT"15N OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES : Su ervisor Millie Greenberg.— u ervisor`Ga le B. Ulikema
ww�ACTION OF BOARD ON April 20, 2tio4 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
_xUNANIMOUS {ASSENT } 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: Jahn Greitzer/ (925/335-1201)
cc: Community Development Department (CDC ) ATTESTED Aril 20, 2 '
J. Bueren,'PWD JOHN SWEETEN, CLERK OF
S. Kowalewski, PWD THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
s
BY >DEPUTY
f \Tr�nenrjrtvtinn\Rn^�rA{"lrri6arc .l:raenina'>ftlYdTinrir ien Rnarri(briar A—
TRANSPORTATION LEGISLATION
APRIL 12, 2004
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued)
Pending the Board of Supervisors' adoption of the new goal, the Transportation, Water and
Infrastructure Committee will review several pending bills relating to port security. The
Committee will report back to the full Board on these bills at a future Board meeting.
Aside from the port security issue, there are several bills pending in the Legislature relating to the
goals already adopted by the Board for 2004. The Transportation, Water and Infrastructure
Committee has reviewed these bills and recommends the Board of Supervisors adopt the following
positions, for the reasons stated below. The full texts of these bills are attached as Exhibit B.
AB 775— Extend "Safe Routes to Schools" grant program to 2010 —Support.
This bill addresses the County's goals of increasing and protecting transportation funding,
expanding school transportation,and improving safety for bicyclists and pedestrians. Sponsored
by Assemblymember Nicole Parra (D-Bakersfield),the bill extends the"Safe Routes to Schools"
grant program to 2010. The current program expires on January 1, 2005. Contra Costa County
has received one Safe Routes to Schools grant (for sidewalks near the Sheldon Elementary
School in El Sobrante) and has since applied for others. Funds for the Safe Routes to Schools
program come from federal funds made available for states to allocate as competitive grants for
pedestrian and bicycle safety improvement projects, as well as other hazard-elimination and
safety projects. The grant funds don't come out of the annual gas-tax subventions used by the
County and other jurisdictions for local road improvements and maintenance.
ACA 24— Protect Proposition 42 trans ortation funds — Support.
This bill addresses the County's goal of increasing and protecting transportation funding.
Sponsored by Assemblymember John Dutra (D-Fremont), the bill would help preserve
transportation funding authorized by the voter-approved Proposition 42 in 2002. The
proposition allocated the state sales-tax revenue from the sale of motor vehicle fuel to be
applied to the state's Transportation Investment Fund, rather than going into the state's General
Fund as had been the case in the past. The proposition allowed the shift of these funds to be
suspended in times of fiscal emergency. This bill would allow such shifts, or "loans", to the
General Fund as long as they are paid back in the same fiscal year, or within three years in the
case of a fiscal emergency or declining General Fund revenues.
S13 1443 —Allocate state transportation funds when state bud-gets are late— Support.
This bill addresses the County's goals of increasing and protecting transportation funding, and
streamlining project delivery. Sponsored by Senator Kevin Murray(D-Los Angeles),the bill would
enable the state to allocate gas-tax revenues to cities and counties even if a state budget has not
been enacted by July 1 as currently required by law. The State Controller would be responsible for
making estimates for the allocations. The release of these funds, even when the budget is late,
would help local governments plan and perform transportation improvements for which they are
counting on their annual allocations of gas-tax revenue. Contra Costa County annually receives
about$16 million in gas tax revenue,typically using the funds for maintenance of County roads and
other road-related items such as storm drains,traffic signals,and lighting. In 2003,the Legislature's
lateness in approving a FY 2003/04 budget nearly shut down a number of major highway projects
around California including the State Route 4 widening in East County.
AB 2847 —Add 5 cents per gallon to state gas tax—Watch.
This bill addresses the County's goal of increasing and protecting transportation funding.Sponsored
by Assemblymember Jenny Oropeza(D-Carson),the bill would add five cents per gallon to the state
tax on motor vehicle fuel and diesel fuel. The revenues would be used for maintenance,operation,
improvement, and construction of state highways and local streets and roads, and to finance
environmental programs that mitigate the air quality impacts of motor vehicles. The five-cent
increment would expire on January 1,2008. It would generate an estimated $900 million annually.
SB 1614—Add 10 cents per gallon to state gas tax—Watch.
This bill addresses the County's goal of increasing and protecting transportation funding. Sponsored
by Senator Tom Toriakson(D-Antioch),the bill would add ten cents per gallon to the state tax on motor
vehicle fuel and diesel fuel. Nine cents of the increment would be spent on the maintenance,
operation, improvement and construction of the state highway system and local streets and roads.
The remaining cent would be used for environmental programs that mitigate the air quality impact of
motorvehicles. The bill contains no expiration date for the increment. It would generate an estimated
$1.8 billion annually.
EXHIBIT A
Revised Goals for Transportation Legislation in 2004
Originally adopted by the Board of Supervisors on December 2,2003
Revisions recommended by the Transportation, Water and Infrastructure Committee on April 12, 2004
Proposed additions shown in bold italics on second page
Goal Objectives
1. SUPPORTincreased transportation la)Additional state funding for Caldecott Tunnel 4�"Bare project.
funding and protection of current lb) State funding assistance for acquisition of the Union Pacific's
transportation funding. 3Mococo railroad line for use in East County commuter rail service.
lc)New funding sources to improve transportation in Contra Costa
County, provided the new source doesn't shift any additional funds!
away from the state's General Fund.
ld) Extend existing transportation funding programs that benefit
Contra Costa County.
i
le) Protect existing sources of transportation funds from reduction
or elimination.
42. SUPPORT regional coordination in 2a) Improve coordination and delivery of transit and paratransit
addressing transportation needs. service.
2b) Coordinated provision of rail services throughout Contra
Costa County
I2e) Improve coordination between bus and rail services
!
throughout the County.
2d) Coordination between Native American tribes and the County
in siting and planning casinos in the County.
3. SUPPORT efforts to expand school 3a)Increase funding for school transportation services.
!transportation services and improve 3b) Improve coordination between school districts and local
coordination between school districts and jurisdictions in siting and planning school facilities.
local jurisdictions on school siting and '
planning. 3c) Provide safer access for walking and bicycling to school,
includin routes to school,crossing guards,and other items.
4.SUPPORT efforts to improve safety and 4a) New and expanded programs that improve safety for bicyclists,
facilities for bicyclists,pedestrians,and pedestrians and wheelchair users (including awareness and education
others. programs as well as infrastructure improvements for safety)
5. SUPPORT efforts to advance inter- 5a) Multi-agency participation in creating the Brentwood-Tracy
regional corridor improvements. Expressway (also known as State Route 239) with San Joaquin and
Alameda Counties, local agencies, Caltrans District 4, Caltrans{
District 10,and Caltrans headquarters.
5b) State funding and planning assistance with the Brentwood-Tracy
Expressway(SR 239)project.
5c):Funding for cooperative efforts with Alameda County to improve!
safety and operations on Masco Road and ultimately widen Vasco
Road to four lanes.
Sd) State assumption of maintenance and operations for Vasco Road
as State Route 84.
6. SUPPORT" funding or incentives for 6a) State grant programs, tax credits for manufacturers, state
the use of renewable resources in purchasing programs, or other incentives for local jurisdictions to use
transportation construction projects. recycled materials such as the rubberized asphalt (made from
recycled tires) that the County has used as paving material on San
Pablo Dam Road and Pacheco Boulevard.
7. SUPPORT streamlining the delivery of 7a) Reduce the time and paperwork needed to bring a
transportation projects. transportation project through planning, engineering and design,
environmental review, funding applications, and construction.
7b) Streamlining the CEQA environmental review process.
7e) Streamlining state permitting requirements that relate to
transportation.
Goal Ob'ectives
8. SUPPORT efforts to better link 8a) Financial or regulatory incentives for local jurisdictions to
transportation planning and land use incorporate transit-oriented development in their General Plans
planning. ;(particularly for areas expected to become rail station sites).
8b) Assistance for local jurisdictions to implement existing plans
for transit-oriented development.
8c) Financial or regulatory incentives for jurisdictions to increase
the development of affordable housing
8d) Incentives for housing and transportation improvements
provided at or near state-owned facilities such as courts, schools,
jails and state offices.
9. SUPPORT efforts to reduce the voter 9a) Reduce the required threshold to less than the current two-
majority threshold needed to pass thirds requirement for passing a transportation sales-tax measure
[transportation sales-tax measures I
I
10. SUPPORT efforts to facilitate traffic- 10a) Limit or eliminate public liability for installing traffic-
calming measures in residential calming devices
neighborhoods
11.SUPPORT efforts to improve security at Ila) Improve security systems at public and private parts, marine
public and private maritime ports and rail terminals and rail yards.
yards, and reduce the impacts of diose Il b)Improve circulation and truck access to public and private parts,
facilities on neighboring communities. marine terminals and rail yards in ways that contribute to security.
(PROPOSED A17L)1 BION)
IIc) Improve circulation and truck access to public and private
ports, marine terminals and rad yards in ways that reduce air
pollution, noise anti`congestion in adjacent communities.
EXHIBIT B
AMENDED IN ASSEMBLY JANUARY 5, 2004
AMENDED IN ASSEMBLY APRIL 30, 2003
CALIFORNIA LEGISLATURE-2003-04 REGULAR SESSION
ASSEMBLY BILL No. 775
Introduced by Assembly Member Parra
February 19, 2003
An aet to amend Seetion 44070.5 of the Health and Safety ,
felating te aif qttafit An act to amend Sections 2331, 2333, and 2333.5
of the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 775, as amended, Parra. Highways:
federal f ending of safey)projects.
(1) Existing federal law provides funding for a number of programs
related to projects for the improvement of highway safety and the
reduction of traffic congestion, including projects for bicycle and
pedestrian safety and traffic calming measures in high-hazard
locations. Existing state law authorizes, until January 1, 2005, certain
state and local entities to secure and expend the federal funds,f or these
purposes.
This bill would change the January 1, 2005, repeal date to January
1, 2010, after which time the federal transportation funds received by
the state would be spent for highway purposes other than projects for
bicycle and pedestrian .safety and traffic calming measures in
high-hazard locations.
(2) Existing law requires until January 1, 2005, the Department of
Transportation, in consultation with the Department of the California
97
AB 775 —2 —
Highway
2 —
Highway Patrol, to establish and administer a "Safe Routes to School"
construction program pursuant to federal law and to use federal
transportation funds for construction of bicycle and pedestrian,safety
and traffic calming projects. Under existing law, the Department of.
Transportation is required to report to the Legislature regarding this
program.
This bill would extend the operation of these provisions to danuaiy
1, 2010.
Existing 1-11 the Depaf"efit of Gensumer Ar�irs to
pfegf -
This bill would define extettsive tnarketittg researeh to in
infennation pfavided by any statewide asseeiation of test and repair
stettiatt awner-s. This bill would provide *Uft+ the intent a
megislaftwe that the ehanges made by this bill are deelamive of existing
Vote: majority. Appropriation: no. Fiscal committee: ne yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1
2 SECTION 1. Section 2331 of the Streets and Highways Code,
3 as amended by Section 1 of Chapter 600 of the Statutes of 2001,
4 is amended to read:
5 2331. (a) The Highway Safety Act of 1973 . .
6 93 87,87Stat, 250) (23 I.I.S.C. Sec. 401 et seq.) has authorized
7 appropriations for a number of programs relating to projects for
8 the improvement of highway safety and the reduction of traffic
9 congestion. These programs consist of the rail-highway crossings
10 program (Section 203 of the Highway Safety Act of 1973), the
11 pavement marking demonstration program (23 U.S.C. Sec. 151);
12 projects for high-hazard locations, including, but not limited to,
13 projects for bicycle and pedestrian safety and traffic calming
14 measures in those locations (23 U.S.C. Sec. 152), program for the
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-3 — AB 775
1 elimination of roadside obstacles (23 U.S.C. Sec. 153); and the
2 federal-aid safer roads demonstration program (23 U.S.C. Sec.
3 405). The purpose of this chapter is to implement these programs
4 in this state. The commission, the department, boards of
5 supervisors, and city councils are authorized to do all things
6 necessary in their respective jurisdictions to secure and expend
7 federal funds in accordance with the intent of the federal act and
8 of this chapter.
9 (b) This section shall remain in effect only until January 1,
10 2-945 2010, and as of that date is repealed, unless a later enacted
11 statute; that is enacted before January 1, 2405 2010, deletes or
12 extends that date.
13 SEC. 2. Section 2331 of the Streets and Highways Code, as
14 added by Section 3 of Chapter 600 of the Statutes of 2001, is
15 amended to read.-
16 2331. (a) The Highway Safety Act of 1973 (T-i e 11 of PL
1794 87, 87 Stat 250 (23 U.S.C. Sec. 401 et seq.) has authorized
18 appropriations for a number of programs relating to projects for
19 the improvement of highway safety and the reduction of traffic
20 congestion. These programs consist of the rail-highway crossings
21 program (Section 203 of the Highway Safety Act of 1973), the
22 pavement marking demonstration program(23 U.S.C. Sec. 151),
23 projects for high-hazard locations (23 U.S.C. Sec. 152);program
24 for the elimination of roadside obstacles(23 U.S.C. Sec. 153); and
25 the federal-aid safer roads demonstration program(23 U.S.C. Sec.
26 405). The purpose of this chapter is to implement these programs
27 in this state. The commission, the department, boards of
28 supervisors, and city councils are authorized to do all things
29 necessary in their respective jurisdictions to secure and expend
30 sueh the federal funds in accordance with the intent of the federal
31 act and of this chapter.
32 (b) This section shall become operative on January 1, 2895
33 2010.
34 SEC. 3. Section 2333 of the Streets and Highways Code, as
35 amended by Section 4 of Chapter 600 of the Statutes of 2001, is
36 amended to read:
37 2333. (a) In each annual proposed budget prepared pursuant
38 to Section 165, there shall be included an arnount equal to the
39 estimated apportionment available from the federal government
40 for the programs described in Sections 2331 and 2333.5. The
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AB 775 —4-
1
4-
1 commission may allocate a portion of those funds each year for use
2 on city streets and county roads. For projects authorized under
3 Section 2333.5 and receiving funding under this section, the
4 department may substitute State Highway Account funds in
5 accordance with the department's policy for state funding in place
6 at the time of the project fund allocation, if those federal funds are
7 directed to projects on state highways that are eligible for funding
8 under Section 152 of Title 23 of the United States Code. It is the
9 intent of the Legislature that the commission allocate the total
10 amount received from the federal government for all of the
11 programs described in Sections 2331 and 2333.5 in a manner that,
12 over a period of five years,makes not less than one million dollars
13 ($1,000,000) of those funds available for use pursuant to Section
14 2333.5 and the remaining funds available for use in approximately
15 equal amounts on state highways, local roads, and the program
16 established under Section 2333.5. In addition,it is the intent of the
17 Legislature that the commission shall apportion for use, in
18 financing the railroad grade separation program described in
19 Section 190, a substantial portion of the funds received pursuant
20 to the federal rail-highway crossings program. Notwithstanding
21 any other provision of law, the share of any railroad of the cost of
22 maintaining railroad crossing protection facilities funded, in
23 whole or in part, by funds described in Section 2331 shall be the
24 same share it would be if no federal funds were involved and the
25 crossing protection facilities were funded pursuant to an order of
26 the Public Utilities Commission pursuant to Section 1202 of the
27 Public Utilities Code; and in case of dispute, the Public Utilities
28 Commission shall determine that share pursuant to this section.
29 (b) This section shall remain in effect only until January 1,
30 2885 2010, and as of that date is repealed, unless a later enacted
31 statute, that is enacted before January 1, 288-5 2010, deletes or
32 extends that date.
33 SEC. 4. Section 2333 of the Streets and Highways Code, as
34 added by Section 6 of Chapter 600 of the Statutes of 2001, is
35 amended to read:
36 2333. (a) In each annual proposed budget prepared pursuant
37 to Section 165, there shall be included an. amount equal to the
38 estimated apportionment available from the federal government
39 for the programs described in Section 2331. The commission may
40 allocate a portion of-stwh the funds each year for use on city streets
97
—5— AB 775
1 and county roads. It is the intent of the Legislature that the
2 commission allocate the total amount received from the federal
3 government for all of the programs described in Section 2331 in
4 such a manner that, over a period of five years,s>� the funds are
5 made available for use in approximately equal amounts on state
6 highways and on local roads. In addition, it is the intent of the
7 Legislature that the commission shall apportion for use, in
8 financing the railroad grade separation program described in
9 Section 190, a substantial portion of the funds received pursuant
10 to the federal rail-highway crossings program. Notwithstanding
I I any other provision of law,the share of any railroad of the cost of
12 maintaining railroad crossing protection facilities funded, in
13 whole or in part, by funds described in Section 2331 shall be the
14 same share it would be if no federal funds were involved and the
15 crossing protection facilities were funded pursuant to an order of
16 the Public Utilities Commission pursuant to Section 1202 of the
17 Public Utilities Code, and in case of dispute, the Public Utilities
18 Commission shall determine stteh the share pursuant to this
19 section.
20 (b) This section shall become operative on January 1, 240-5
21 2010.
22 SEC. 5. Section 2333.5 of the Streets and Highways Code is
23 ainended to read:
24 2333.5. (a) The department, in consultation with the
25 Department of the California Highway Patrol, shall establish and
26 administer a "Safe Routes to School" construction program
27 pursuant to the authority granted under Section 152 of Title 23 of
28 the United States Code and shall use federal transportation funds
29 for construction of bicycle and pedestrian safety and traffic
30 calming projects.
31 (b) The department shall make grants available to local
32 governmental agencies under the program based on the results of
33 a statewide competition that requires submission of proposals for
34 funding and rates those proposals on all of the following factors:
35 (1) Demonstrated needs of the applicant.
36 (2) Potential of the proposal for reducing child injuries and
37 fatalities.
38 (3) Potential of the proposal for encouraging increased walking
39 and bicycling among students.
40 (4) Identification of safety hazards.
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AB 775 —6-
1
6-1 (5) Identification of current and potential walking and
2 bicycling routes to school.
3 (6) Consultation and support for projects by school-based
4 associations, local traffic engineers, local elected officials, law
5 enforcement agencies, and school officials.
6 (c) With respect to the use of funds provided in subdivision(a),
7 prior to the award of any construction grant or the department's use
8 of those funds for a "Safe Routes to School" construction project
9 encompassing a freeway, state highway or county road, the
10 department shall consult with, and obtain approval from, the
11 Department of the California Highway Patrol, ensuring that the
12 "Safe Routes to School" proposal compliments the California
13 Highway Patrol's Pedestrian Corridor Safety Program and is
14 consistent with its statewide pedestrian safety statistical analysis.
15 (d) (1) The department shall study the effectiveness of the
16 program established under this section with particular emphasis on
17 the program's effectiveness in reducing traffic accidents and its
18 contribution to improving safety and reducing the number of child
19 injuries and fatalities in the vicinity of the project.
20 (2) The department shall submit a report to the Legislature on
21 or before December 31, 2003, regarding the results of the study
22 described in paragraph(1).
23 (3) On March 30, 2002, and each March 30th thereafter, the
24 department shall submit an annual report to the Legislature listing
25 and describing those projects funded under this section.
26 (e) This section shall remain in effect only until January 1,
27 2010, and as of that date is repealed, unless a later enacted
28 statute, that is enacted before January 1, 2010, deletes or
29 extends that date.
30 is amended to read:-
31
32 eonduet a pit n,
33 state beftfd. The pfagr-am shall be designed to develop and
34
35
36 information on all of the
37 .
38
39 .
97
-7— AB 775
1 '
2 withatA
3
4
.
b
s
7 but not limited to,
8 "ilefs in movie theaters. h..e depaAment may also utilize
9 gfessfeets eamffitmity fietu rks, ,
10 ,
and the -Weflfplaee. Extens.ve ma.-
11
12 (e) Fat: pur-poses of marketing
13 " '
neludes, bttt is not liffil— provided by
14 any statewide asseeiation of test find repair stfttion owiters.
15 SEG. 2. it is the iment of the 1-:egislatufe that the amendme
16 fflade by this aet to Seetion 440704 of the fleftM and Safety God-e
11
O
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CALIFORNIA LEGISLATURE----2003--04 REGULAR SESSION
Assembly Constitutional Amendment No. 24
Introduced by Assembly Member Dutra
February 13, 2004
Assembly Constitutional Amendment No. 24--A resolution to
propose to the people of the State of California an amendment to the
Constitution of the State,by adding Section 2 to Article XIX B thereof,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
ACA 24, as introduced, Dutra. Transportation Investment Fund:
loans.
Article XIX B of the California Constitution requires, commencing
with the 2003-04 fiscal year, sales taxes on motor vehicle fuel that are
deposited in the General Fund to be transferred to the Transportation
Investment Fund for allocation to various transportation purposes.
Article XIX.B authorizes the transfer of these revenues to the
Transportation Investment Fund to be suspended in whole or in part for
a fiscal year during a fiscal emergency pursuant to a proclamation
issued by the Governor and the enactment of a statute by a 2/3 vote of
both houses of the Legislature if the statute does not contain any
unrelated provision.
This measure would authorize the Legislature to loan funds in the
Transportation Investment Fund to the General Fund or any other state
fund or account, or to local agencies, under conditions that are similar
to conditions applicable to loans of revenues under Article XIX of the
California Constitution.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated
local program: no.
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ACA 24 —2 -
1
2 -1 Resolved by the Assembly; the Senate concurring, That the
2 Legislature of the State of California at its 2003---04 Regular
3 Session commencing on the second day of December 2002,
4 two-thirds of the membership of each house concurring, hereby
5 proposes to the people of the State of California that the
6 Constitution of the State be amended by adding Section 2 to
7 Article XIX B thereof, to read:
8 SEG 2. (a) Any money transferred to the Transportation
9 Investment Fund pursuant to Section I may be loaned to the
10 General Fund of the state or any other state fund or account only
11 under one of the following conditions:
12 (1) That any amount loaned is to be repaid in full to the
13 Transportation Investment Fund during the same fiscal year in
14 which the loan was made, except that repayment may be delayed
15 until a date not more than 30 days after the date of enactment of
16 the budget bill for the subsequent fiscal year.
17 (2) That any amount loaned is to be repaid in full, with interest
18 at the rate paid on money in the Pooled Money Investment
19 Account, or any successor to that account, during the period of
20 time that the money is loaned, to the Transportation Investment
21 Fund, within three fiscal years from the date on which the loan was
22 made and one of the following has occurred:
23 (A) The Governor has proclaimed a state of emergency and
24 declares that the emergency will result in a significant negative
25 fiscal impact to the General Fund of the state.
26 (B) The aggregate amount of General Fund revenues for the
27 current fiscal year, as projected by the Governor in a report to the
28 Legislature in May of the current fiscal year, is less than the
29 aggregate amount of General Fund revenues for the previous fiscal
30 year, adjusted for the change in the cost of living and the change
31 in population, as specified in the budget submitted by the
32 Governor pursuant to Section 12 of Article IV in the current fiscal
33 year.
34 (b) Nothing in this article prohibits the Legislature from
35 authorizing, by statute, loans to local transportation agencies,
36 cities, counties, or cities and counties from the Transportation
37 Investment Fund for the purposes authorized under this article.
38 Any loan authorized as described by this subdivision shall be
39 repaid, with interest at the rate paid on money in the Pooled Money
40 Investment Account, or any successor to that account, during the
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-3— ACA 24
1 period of time that the money is loaned, to the Transportation
2 Investment Fund,within four years after the date on which the loan
3 was made.
O
99
SENATE BILL No. 1443
Introduced by Senator Murray
February 1.9, 2004
An act to amend Sections 183 and 2101 of,and to amend the heading
of Chapter 3 (commencing with Section 2100) of Division 3 of, the
Streets and Highways Code, relating to transportation, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1443, as introduced, Murray. Highway Users Tax Account:
State Highway Account: appropriation of funds.
Article XIX of the California Constitution requires revenues from
state excise taxes on motor vehicle fuels for use in motor vehicles upon
public streets and highways, over and above the cost of collection and
any refunds authorized by law,to be used for various street and highway
purposes and for certain mass transit guideway purposes. Existing law
requires state excise fuel tax revenues to be deposited in various
accounts and to be allocated,in.part, for various purposes,including the
cost of collection and authorized refunds. Existing law requires the
balance of these funds remaining after authorized deductions to be
transferred to and deposited monthly in the Highway Users Tax
Account in the Transportation Tax Fund. Existing law provides for
formula apportionment of specified revenues in the Highway Users Tax
Account to cities and counties for the transportation purposes
authorized by Article XIX of the California Constitution,and generally
requires the remaining revenues to be transferred to and deposited in the
State Highway Account in the State Transportation Fund. Existing law
provides that the money in the Highway Users Tax Account is
continuously appropriated for the above-described transportation
purposes, but also generally provides that the money in the State
99
SB 1443 —2
Highway Account may not be expended until appropriated by the
Legislature.
This bill would,notwithstanding Section 13340 of the Government
Code or any other provision of law, provide that all moneys in the
Highway Users Tax Account in the Transportation Tax Fund and in the
State Highway Account in the State Transportation Fund are
continuously appropriated and may be encumbered in any year in which
a Budget Act has not been enacted by July 1 for the fiscal year beginning
on July 1.The bill would thereby make an appropriation. The bill would
authorize the Controller to make estimates in order to implement these
provisions.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
I SECTION 1. Section 183 of the Streets and Highways Code
2 is amended to read:
3 183. (a) All money in the State Highway Account in the State
4 Transportation Fund derived from federal sources or from
5 appropriations to other state agencies, or deposited in the account
6 by local agencies or by others, is continuously appropriated to, and
7 shall be available for expenditure by, the department for the
8 purposes for which the money was made available.
9 Unless otherwise expressly provided for by law, none of the
10 balance of the money in the State Highway Account shall be
11 expended until it has been specifically appropriated by the
12 Legislature or made available pursuant to Section 13322 of the
13 Government Code.
14 The Budget Act appropriations shall be made on a program
15 basis only and shall not identify the specific capital outlay projects
16 to be funded. The commission shall be responsible for allocating
17 the funds to specific projects within the budget program
I8 categories, except that all funds described in Chapter 5
19 (commencing with Section 2200)of Division 3 shall be allocated
20 on a program basis to the department for allocation pursuant to that
21 chapter.
22 (b) Notwithstanding subdivision (a), commencing with the
23 1985--86 Budget, the department shall submit with its budget
24 requests a detailed description of the acquisition, improvement,
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1 and construction of office building projects to the Legislature for
2 review. The total amount appropriated for those projects shall be
3 identified as a separate line item in the Budget Act. Funds
4 appropriated for those projects shall be allocated by the
5 commission only for projects which have been approved by the
6 Legislature. Minor projects are to be defined consistent with
7 Section 167. The commission may substitute for approved minor
8 projects, if the total sum of minor projects is within the amount
9 approved by the Legislature.
10 (c) Notwithstanding any other provision of law, the
1 l Department of Finance may establish the accounting and reporting
12 system used to determine the expenditures, cash needs, and
13 balance of the State Highway Account.
14 (d) Notwithstanding subdivision (a), Section 13340 of the
15 Government Code, or any other provision of law, in any year in
16 which a Budget Act has not been enacted by July 1 for the fiscal
17 year beginning on July 1, all monevs in the State Highwav Account
18 that am otherwise subject to appropriation pursuant to subdivision
19 (a) are hereby continuously appropriated and may be encumbered
20 for the purposes specified in this chapter:
21 SEC. 2. The heading of Chapter 3 (commencing with Section
22 2100)of Division 3 of the Streets and Highways Code is amended
23 to read:
24
25 CHAPTER 3. HiGHWA'Y USERS TAX FbtiD ACCOUNT
26 SEC. 3. Section 2101 of the Streets and Highways Code is
27 amended to read:
28 2101. (a) All moneys in the Highway Users Tax Account in
29 the Transportation Tax Fund and hereafter received in the account
30 are appropriated for all of the following:
31 { }
32 (1) The research, planning, construction, improvement,
33 maintenance, and operation of public streets and highways (and
34 their related public facilities for nonmotorized traffic), including
35 the mitigation of their environmental effects, the payment for
36 property taken or damaged for such purposes, and the
37 administrative costs necessarily incurred in the foregoing
38 purposes.
39 (1a)
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1
41 (2) The research and planning for exclusive public mass transit
2 guideways (and their related fixed facilities), the payment for
3 property taken or damaged for such purposes, and the
4 administrative costs necessarily incurred in the foregoing
5 purposes.
6 (e)
7 (3) The construction and improvement of exclusive public
8 mass transit guideways (and their related fixed facilities),
9 including the mitigation of their environmental effects, the
10 payment for property taken or damaged for such purposes, the
11 administrative costs necessarily incurred in the foregoing
12 purposes, and the maintenance of the structures and the immediate
13 right-of-way for the public mass transit guideways, but excluding
14 the maintenance and operating costs for mass transit power
15 systems and mass transit passenger facilities, vehicles,equipment,
16 and services, in any area where the voters thereof have approved
17 a proposition pursuant to Section 4 of Article XIX of the California
18 Constitution.
19 (4)
20 (4) The payment of principal and interest on voter-approved
21 bonds issued for the purposes specified in subdivision(c).
22 (e) Notwithstanding Section 13340 of the Government Cade or
23 any other provision of lam; in any year in which a Budget Act has
24 not been enacted by July 1 for the fiscal year beginning on Jule 1,
25 all monevs in the Highwav Users Tax Account in the
26 Transportation Tax Fund are hereby continuously appropriated
27 and may be encumbered for the purposes specified in this section
28 and in the manner specified in this chapter To the extent necessary
29 to implement this subdivision, the Controller may make estimates
30 of appropriations and apportionments, as the case may be,for the
31 purpose of making apportionments or transfers specified in this
32 chapter. Upon enactment of a Budget Act for the fiscal year; the
33 Controller shall make necessary adjustments to reflect actual
34 appropriations and apportionments.
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CALIFORNIA LEGISLATURE---2003-04 REGULAR SESSION
ASSEMBLY BILL No. 2847
Introduced by Assembly Member Oropeza
February 20, 2004
An act to add Division 19 (commencing with Section 40000)to the
Streets and Highways Code, relating to motor vehicle fuel.
LEGISLATIVE COUNSEL'S DIGEST
AB 2847, as introduced, Oropeza. Gasoline and motor vehicle
diesel fuel fee.
The Motor Vehicle Fuel License Tax Law imposes a tax of 18¢ per
gallon of fuel, and requires, if the federal fuel tax is reduced below the
rate of 9¢ per gallon and federal financial allocations to this state are
reduced or eliminated, that the tax rate be increased so that the
combined state and federal tax rate per gallon equals 27¢. The Diesel
Fuel Tax Law imposes an excise tax for the use of fuel at a rate of 1.8¢
per gallon, and requires that, if the federal fuel tax is reduced below the
rate of 15¢ per gallon and specified federal financial allocations to this
state are reduced or eliminated,the tax rate be increased by an amount
so that the combined state and federal tax rate per gallon equals 33¢per
gallon.
This bill would also,until January 1, 2008, impose a 5¢ fee on each
gallon of gasoline subject to the Motor Vehicle Fuel License Tax.Law
and each gallon of motor vehicle diesel fuel subject to the Diesel Fuel
Tax Law. The revenues from the fee would be deposited in the Highway
Fee Fund created by the bill. The bill would require the fee to be
imposed on those persons and entities subject to and would be collected
pursuant to the same procedures set forth in the Motor Vehicle Fuel
License Tax Law and the Diesel Fuel Tax Law. The bill would require
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AB 2847 —2—
money
2—
money from the fee, except for refunds,to be used,upon appropriation
by the Legislature, only to finance the maintenance, operation,
improvement, and construction of the state highway and local street and
road system, and to finance environmental programs that mitigate the
air impacts of motor vehicles.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people vfthe State nf'California do enact as follows:
1 SECTION 1. Division 19 (commencing with Section 40000)
2 is added to the Streets and Highways Code, to read:
3
4 DIVISION 19. GASOLINE AND DIESEL MOTOR VEHICLE FUEL
5
6 40000. Notwithstanding any other provision of law, a fee of
7 five cents($0.05)is imposed,until January 1,2008,on each gallon
8 of gasoline subject to Part 2 (commencing with Section 7301) of
9 Division 2 of the Revenue and Taxation Code and each gallon of
10 motor vehicle diesel fuel subject to Part 31 (commencing with
11 Section 60001)of Division 2 of the Revenue and Taxation Code.
12 40001. Revenues generated from the fee imposed in Section
13 40000 shall be deposited in the Highway Fee Fund which is hereby
14 created in the State Treasury and, except for refunds of
15 overpayments, may only be used, upon appropriation by the
16 Legislature, to finance the maintenance, operation,improvement,
17 and construction of the state highway and local street and road
18 system, and to finance environmental programs that mitigate the
19 air impacts of motor vehicles.
20 40002. The imposition of the fee in Section 40000 shall be as
21 follows:
22 (a) The fee on gasoline shall be imposed on those persons and
23 entities subject to,and shall be collected pursuant to the procedures
24 set forth in, Part 2 (commencing with Section 7301) of Division
25 2 of the Revenue and Taxation Code.
26 (b) The fee on motor vehicle diesel fuel shall be imposed on
27 those persons and entities subject to, and shall be collected
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1 pursuant to the procedures set forth in, Part 31 (commencing with
2 Section 60001) of Division 2 of the Revenue and Taxation Cade.
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SENATE BILL No. 1614
Introduced by Senator Torlakson
February 20, 2004
An act to add Division 19(commencing with Section 40000)to the
Streets and Highways Code, relating to motor vehicle fuel.
LEGISLATIVE COUNSEUS DIGEST
SB 1614, as introduced, Torlakson. Gasoline and motor vehicle
diesel fuel.
The Motor Vehicle Fuel License Tax Law imposes a tax of 18¢ per
gallon of fuel, and requires, if the federal fuel tax is reduced below the
rate of 90 per gallon and federal financial allocations to this state are
reduced or eliminated, that the tax rate be increased so that the
combined state and federal tax rate per gallon equals 27¢. The Diesel
Fuel Tax Law imposes an excise tax for the use of fuel at a rate of 18¢
per gallon,and requires that, if the federal fuel tax is reduced below the
rate of 15¢per gallon and specified federal financial allocations to this
state are reduced or eliminated,the tax rate be increased by an amount
so that the combined state and federal tax rate per gallon equals 33¢per
gallon.
This bill would also impose a 10¢ fee on each gallon of gasoline
subject to the Motor Vehicle Fuel License Tax Law and each gallon of
motor vehicle diesel fuel subject to the Diesel Fuel Tax Law and would
require revenues from the fee to be deposited in the Highway Fee Fund
created by the bill.The bill would require the fee to be imposed on those
persons and entities subject to and would be collected pursuant to the
procedures set forth in the Motor Vehicle Fuel License Tax Law and the
Diesel Fuel Tax Law. The bill would require, except for refunds of
overpayments, that, upon appropriation by the Legislature, revenues
from 90 of the fee be used to finance the maintenance, operation,
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SB 1614 —2—
improvement,
-2---.improvement,and construction of the state highway and local street and
road system and that revenues from one cent of the fee be used to finance
environmental programs that mitigate the air impacts of motor vehicles.
The bill would require the California Transportation Commission to
hold hearings annually in order to derive information to report to the
Legislature on the amount of funding needed to maintain, operate,
improve, and construct the state highway and local street and road
system.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact us follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The excise tax on motor vehicle fuel was last increased on
4 January 1, 1994,when the rate was set at eighteen cents($0.18)per
5 gallon.
6 (b) The demand on California's state highways, streets, and
7 local roads has increased at a far greater rate than the revenues
8 available to operate, maintain, and improve the transportation
9 network.
10 (c) Increased motor vehicle fuel economy results in the
I 1 consumption of less fuel and the generation of less gas tax revenue
12 per mile driven, while inflation also erodes this revenue.
13 (d) Because motor vehicles create wear and tear on the
14 highway, street, and road system, users of the system should pay
15 the reasonable costs of maintaining,operating, and improving the
16 system.
17 (e) A fee on gasoline and diesel sales would help maintain,
18 operate, improve,and construct the state highway, local street, and
19 road system, and the amount of the levy would not exceed the
20 reasonable cost of funding those purposes.
21 (f) Because emissions from motor vehicles add to air quality
22 problems, a portion of the fee on gasoline and diesel sales should
23 be used for environmental programs that mitigate the air quality
24 impacts of motor vehicles.
25 SEC. 2. Division 19 (commencing with Section 40000) is
26 added to the Streets and Highways Code, to read:
27
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1 DIVISION 19. GASOLINE AND DIESEL MOTOR
2 VEHICLE FUEL
3
4 40000. Notwithstanding any other provision of law, a fee of
5 10 cents ($0.10) shall be imposed on each gallon of gasoline
6 subject to Part 2 (commencing with Section 7301) of Division 2
7 of the Revenue and Taxation Code and each gallon of motor
8 vehicle diesel fiiel subject to Part 31 (commencing with Section
9 60001) of Division 2 of the Revenue and Taxation Code.
10 40001. Revenues generated from the fee imposed in Section
11 40000 shall be deposited in the Highway Fee Fund which is hereby
12 created in the State Treasury and, except for refunds of
13 nonpayments,, may only be allocated, upon appropriation by the
14 Legislature, as follows:
15 (a) Nine cents($0.09) of the 10 cent($.0.10) fee revenue shall
16 be allocated to finance the maintenance, operation, improvement,
17 and construction of the state highway and local street and road
18 system.
19 (b) One cent of the 10 cent ($0.10) fee revenue shall be
20 allocated towards environmental programs that mitigate the air
21 impacts of motor vehicles.
22 40002. The imposition of the fee in Section 40000 shall be as
23 follows:
24 (a) The fee on gasoline shall be imposed on those persons and
25 entities subject to,and shall be collected pursuant to the procedures
26 set forth in, Part 2 (commencing with Section 7301) of Division
27 2 of the Revenue and Taxation Code.
28 (b) The fee on motor vehicle diesel fuel shall be imposed on
29 those persons and entities subject to, and shall be collected
30 pursuant to the procedures set forth in, Part 31 (commencing with
31 Section 60001)of Division 2 of the Revenue and Taxation Code.
32 40003. The California Transportation Commission shall
33 annually hold hearings in order to derive information to report to
34 the Legislature on the amount of funding needed to maintain,
35 operate, improve, and construct the state highway and local street
36 and road system.
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