Amended in Assembly January 4, 2016

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 227


Introduced by Assemblybegin delete Members Alejo and Pereaend deletebegin insert Member Alejoend insert

begin delete

(Coauthor: Assembly Member Linder)

end delete

February 3, 2015


begin deleteAn act to amend Sections 16773, 16965.1, and 63048.67 of, to add Section 16321 to, and to repeal Section 16965 of, the Government Code, to amend Sections 183.1 and 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, and making an appropriation therefor. end deletebegin insertAn act to amend Section 25218.5 of the Health and Safety Code, relating to hazardous waste.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 227, as amended, Alejo. begin deleteTransportation funding. end deletebegin insertHousehold hazardous waste: transportation manifest.end insert

begin insert

Existing law requires, on or before December 31, 2019, public agencies and their contractors that transport household hazardous waste to a hazardous waste facility to use certain consolidated manifesting procedures. Existing law establishes volumetric and weight limits on the amount of hazardous waste that a conditionally exempt small quantity generator may transport to a household hazardous waste collection facility. Existing law expresses the weight limit in 2 alternative measures.

end insert
begin insert

This bill would extend the consolidated manifesting procedures requirement to December 31, 2020. Because the bill would extend this requirement, thereby extending local agencies’ obligation to comply with this requirement, and because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. This bill would also eliminate one of the alternative weight measures.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for specified reasons.

end insert
begin delete

(1) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified.

end delete
begin delete

This bill, with respect to any loans made to the General Fund from specified transportation funds and accounts with a repayment date of January 1, 2019, or later, would require the loans to be repaid by December 31, 2018.

end delete
begin delete

(2) 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 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.

end delete
begin delete

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.

end delete
begin delete

(3) 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 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 Operation and Protection Program, and 44% to city and county streets and roads.

end delete
begin delete

This bill would delete the provisions relating to the reimbursement of the State Highway Account for weight fee revenues and relating to the making of loans to the General Fund, thereby providing for the portion of fuel excise tax revenues that is derived from increases in the motor vehicle fuel excise tax in 2010 to be allocated 44% to the State Transportation Improvement Program, 12% to the State Highway Operation and Protection Program, and 44% to city and county streets and roads. The bill would thereby make an appropriation.

end delete
begin delete

(4) Existing law requires certain revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and continuously appropriates these funds for payment of current year debt service on certain mass transportation bonds.

end delete
begin delete

This bill would delete the requirement to transfer these revenues to the Transportation Debt Service Fund, thereby providing for these revenues to be used for any transportation purpose authorized by statute, upon appropriation by the Legislature.

end delete

Vote: majority. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 25218.5 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert

3

25218.5.  

(a) (1) Except as provided in paragraph (2),
4hazardous waste transported to a household hazardous waste
5collection facility shall be transported by any of the following:

6(A) The individual or CESQG who generated the waste.

7(B) A curbside household hazardous waste collection program.

P4    1(C) A mobile household hazardous waste collection facility, a
2temporary household hazardous waste collection facility, or a
3recycle-only household hazardous waste collection facility.

4(D) A door-to-door household hazardous waste collection
5program.

6(E) A household hazardous waste residential pickup service.

7(F) A registered hazardous waste transporter carrying hazardous
8waste generated by a CESQG.

9(G) A registered hazardous waste transporter carrying hazardous
10waste from a solid waste landfill loadcheck program or a transfer
11station loadcheck program under agreement with the household
12hazardous waste collection facility.

13(H) A registered hazardous waste transporter, under agreement
14with the household hazardous waste collection facility, operating
15under a contract with a public agency to transport hazardous wastes
16that were disposed of in violation of this chapter, and that are being
17removed by, or are being removed under the oversight of, the
18public agency, if the hazardous wastes were not originally disposed
19of in violation of this chapter by that public agency.

20(2) Spent batteries that are received and transported pursuant
21to Section 25216.1 may be transported to a household hazardous
22waste collection facility from a collection location or an
23intermediate collection location.

24(3) Notwithstanding Section 25218.4, a registered hazardous
25waste transporter or mobile household hazardous waste collection
26facility transporting hazardous waste to a household hazardous
27waste collection facility shall comply with subdivisions (a) and
28(c) of Section 25163 and paragraph (1) of subdivision (d) of Section
2925160.

30(b) An individual transporting household hazardous waste
31generated by that individual and a CESQG transporting hazardous
32waste generated by the CESQG to a household hazardous waste
33collection facility shall meet all of the following conditions:

34(1) (A) Except as provided in subparagraphs (B) and (C) and
35Section 25218.5.1, the total amount of household hazardous waste
36transported by an individual or hazardous waste transported by a
37CESQG to a household hazardous waste collection facility shall
38not exceed a total liquid volume of five gallons or a total dry weight
39of 50 pounds. If the hazardous waste transported is both liquid and
P5    1nonliquid, the total amount transported shall not exceed a combined
2weight of 50 pounds.

3(B) Subparagraph (A) does not apply to spent batteries that are
4collected by a collection location or intermediate collection location
5pursuant to Section 25216.1 and transported to a household
6hazardous waste collection facility.

7(C) A CESQG may transport up to 27 gallons or 220begin delete pounds,
8but not more than 100 kilograms,end delete
begin insert poundsend insert per month to a household
9hazardous waste collection facility, if all of the following
10conditions are met:

11(i) The hazardous waste being transported was generated by
12that CESQG.

13(ii) The CESQG contacts the household hazardous waste
14collection facility prior to each delivery to confirm that the facility
15will accept the hazardous waste.

16(iii) The household hazardous waste collection facility provides
17oral, written, or electronic instructions to the CESQG prior to each
18delivery on proper packing for the safe transportation of the specific
19hazardous waste being transported.

20(iv) The CESQG or employees of the CESQG transport the
21hazardous waste in a vehicle owned and operated by the CESQG.

22(2) The household hazardous waste and CESQG hazardous
23waste that is transported shall be in closed containers and packed
24in a manner that prevents the containers from tipping, spilling, or
25breaking during transport.

26(3) Different household hazardous wastes or different CESQG
27hazardous wastes shall not be mixed within a container before or
28during transport.

29(4) If the hazardous waste is an extremely hazardous waste or
30an acutely hazardous waste, the total amount transported by a
31CESQG shall not exceed 2.2 pounds.

32(c) (1) Except as provided in paragraph (2), the total combined
33volume or weight of latex paint, used oil filters, antifreeze, and
34small batteries transported to a recycle-only household hazardous
35waste collection facility by any one individual shall not exceed a
36total volume of 10 gallons or a total dry weight of 100 pounds. Up
37to two spent lead-acid batteries may be transported at the same
38time and not more than 20 gallons of used oil may be transported
39in the same vehicle if the volume of each individual container does
40not exceed five gallons.

P6    1(2) Paragraph (1) does not apply to spent batteries that are
2collected by a collection location or intermediate collection location
3pursuant to Section 25216.1 and transported to a household
4hazardous waste collection facility.

5(d) A curbside household hazardous waste collection program
6shall meet all of the following conditions:

7(1) Not more than a total combined weight of 10 pounds of used
8oil filters shall be collected from a single residence at one time.

9(2) Not more than five gallons of used oil shall be collected
10from a single residence at one time, and the volume of each
11individual container collected shall not exceed five gallons.

12(3) Not more than five gallons of latex paint shall be collected
13from a single residence at one time, and the volume of each
14individual container collected shall not exceed five gallons.

15(4) Hazardous waste containing mercury shall not be collected
16by a curbside household hazardous waste collection program unless
17the waste is contained in secure packaging that prevents breakage
18and spillage.

19(5) Fluorescent light tubes that are four feet or greater in length
20shall not be collected by a curbside household hazardous waste
21collection program.

22(6) The transported household hazardous waste shall be in closed
23containers and packed in a manner that prevents the containers
24from tipping, spilling, or breaking during transport.

25(7) Different household hazardous wastes shall not be mixed
26within a container before or during transport.

27(e) A door-to-door household hazardous waste collection
28program or household hazardous waste residential pickup service
29shall meet all of the following conditions:

30(1) The transported household hazardous waste shall be in closed
31containers and packed in a manner that prevents the containers
32from tipping, spilling, or breaking during transport.

33(2) Different household hazardous wastes shall not be mixed
34within a container before or during transport.

35(3) (A) A door-to-door household hazardous waste collection
36program or household hazardous waste residential pickup service
37is exempt from the requirements of Section 25160 regarding the
38use of a manifest when transporting household hazardous waste
39collected from individual residences to an authorized hazardous
40waste collection facility. In lieu of a manifest, a receipt shall be
P7    1issued for the household hazardous waste collected from an
2individual residence, and a copy of the receipt shall be retained by
3the public agency for a period of at least three years.

4(B) begin delete(i)end deletebegin deleteend deleteOn and before December 31,begin delete 2019,end deletebegin insert 2020,end insert if household
5hazardous waste is transported to a hazardous waste facility, as
6defined in Section 66260.10 of Title 22 of the California Code of
7Regulations, the consolidated manifesting procedures specified in
8Section 25160.8 shall be used by the public agency or its
9contractor.

begin delete

10(ii) On and after January 1, 2020, the requirements of clause (i)
11shall not be operative.

end delete

12(f) Notwithstanding Section 25218.4, a mobile household
13hazardous waste collection facility, a temporary household
14hazardous waste collection facility, or a recycle-only household
15hazardous waste collection facility that transports household
16hazardous waste from the collection facility to a household
17hazardous waste collection facility pursuant to subdivision (a) shall
18comply with subdivisions (a) and (c) of Section 25163 and
19paragraph (1) of subdivision (d) of Section 25160.

20(g) (1) Except as provided in paragraph (2), a door-to-door
21household hazardous waste collection program or household
22hazardous waste residential pickup service shall not be deemed to
23be a household hazardous waste collection facility for purposes of
24this chapter if it is operated in conjunction with an authorized
25household hazardous waste collection facility.

26(2) A door-to-door household hazardous waste collection
27program or household hazardous waste residential pickup service,
28under which household hazardous waste is collected from
29households in one jurisdiction and transported to an authorized
30household hazardous waste collection facility in another
31jurisdiction, shall be deemed a household hazardous waste
32 collection facility for purposes of this chapter and shall submit the
33notification required in Section 25218.2 to each CUPA in whose
34jurisdiction the household hazardous waste is collected.

35begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37a local agency or school district has the authority to levy service
38charges, fees, or assessments sufficient to pay for the program or
39level of service mandated by this act or because costs that may be
40incurred by a local agency or school district will be incurred
P8    1because this act creates a new crime or infraction, eliminates a
2crime or infraction, or changes the penalty for a crime or
3infraction, within the meaning of Section 17556 of the Government
4 Code, or changes the definition of a crime within the meaning of
5Section 6 of Article XIII B of the California Constitution.

end insert
begin delete
6

SECTION 1.  

Section 16321 is added to the Government Code,
7to read:

8

16321.  

Notwithstanding any other provision of law, loans of
9revenues to the General Fund from the State Highway Account,
10the Public Transportation Account, the Bicycle Transportation
11Account, the Motor Vehicle Fuel Account, the Highway Users
12Tax Account, the Pedestrian Safety Account, the Transportation
13Investment Fund, the Traffic Congestion Relief Fund, the Motor
14Vehicle Account, and the Local Airport Loan Account shall be
15repaid, on or before December 31, 2018, to the account or fund
16from which the loan was made. This section shall apply to all loans
17that otherwise have a repayment date of January 1, 2019, or later.

18

SEC. 2.  

Section 16773 of the Government Code is amended
19to read:

20

16773.  

(a) Whenever any payment of principal of any bonds
21shall become due, either upon the maturity of any of the bonds or
22upon the redemption thereof prior to maturity, and whenever any
23interest on any of the bonds shall fall due, warrants shall be drawn
24against the appropriation made by the bond act from the General
25Fund by the Controller in favor of the Treasurer, or state fiscal
26agents, or other duly authorized agents, pursuant to claims filed
27with the Controller by the Treasurer, in the amounts so falling due.

28(b) For any payments of debt service, as defined in subdivision
29(c) of Section 998.404 of the Military and Veterans Code, with
30respect to any bonds issued pursuant to a veterans’ farm and home
31purchase bond act adopted pursuant to Chapter 6 (commencing
32with Section 980) of Division 4 of the Military and Veterans Code,
33the Controller shall first draw warrants against the appropriation
34from the Veterans’ Bonds Payment Fund in Section 988.6 of the
35Military and Veterans Code, and, to the extent moneys in that fund
36are insufficient to pay the amount of debt service then due, shall
37draw warrants against the appropriation made by the bond act from
38the General Fund for payment of any remaining amount then due.

39

SEC. 3.  

Section 16965 of the Government Code is repealed.

P9    1

SEC. 4.  

Section 16965.1 of the Government Code is amended
2to read:

3

16965.1.  

(a) (1) The loan repayment dates relative to State
4Highway Account loans to the General Fund that are specified in
5the provisional language of the following Budget Act items are
6hereby eliminated, and the Director of Finance may repay any
7remaining portion of the outstanding balance of these loans in any
8year in which the director determines the funds are needed to
9reimburse the General Fund for debt service or to redeem or defease
10bonds maturing in a subsequent fiscal year, provided that the loans
11shall be repaid no later than December 31, 2018:

12(A) Item 2660-011-0042 of Section 2.00 of the Budget Act of
132010 (SB 870, Chapter 712 of the Statutes of 2010).

14(B) Item 2660-013-0042 of Section 2.00 of the Budget Act of
152010, as added by Section 6 of SB 84 (Chapter 13 of the Statutes
16of 2011).

17(C) Item 2660-013-0042 of Section 2.00 of the Budget Act of
182011, as contained in SB 69 of the 2011-12 Regular Session, if
19that provision is enacted.

20(2) All funds loaned pursuant to the provisions referenced in
21subparagraphs (A), (B), and (C) of paragraph (1) are hereby
22determined to have been from weight fee revenues in the State
23Highway Account fund balance.

24(b) The loan repayment date relative to the Public Transportation
25Account that is specified in the provisional language in Item
262660-011-0046 of Section 2.00 of the Budget Act of 2010 (SB
27870, Chapter 712 of the Statutes of 2010), is hereby eliminated,
28and the loan pursuant to this item shall instead be repaid by
29December 31, 2018.

30

SEC. 5.  

Section 63048.67 of the Government Code is amended
31to read:

32

63048.67.  

The loans made from the State Highway Account
33through the Traffic Congestion Relief Fund to the General Fund
34that are referenced in clause (i) of subparagraph (A) of paragraph
35(1) of subdivision (c) of Section 63048.65 are hereby determined
36to have been from weight fee revenues in the State Highway
37Account fund balance.

38

SEC. 6.  

Section 183.1 of the Streets and Highways Code is
39amended to read:

P10   1

183.1.  

Notwithstanding subdivision (a) of Section 182 or any
2other provision of law, money deposited into the account that is
3not subject to Article XIX of the California Constitution, including,
4but not limited to, money that is derived from the sale of
5documents, charges for miscellaneous services to the public,
6condemnation deposits fund investments, rental of state property,
7or any other miscellaneous uses of property or money, may be
8used for any transportation purpose authorized by statute, upon
9appropriation by the Legislature or, after transfer to another fund,
10upon appropriation by the Legislature from that fund.

11

SEC. 7.  

Section 2103 of the Streets and Highways Code is
12amended to read:

13

2103.  

(a) Notwithstanding Section 13340 of the Government
14Code, of the net revenues deposited to the credit of the Highway
15Users Tax Account that are derived from the increases in the rates
16of taxes that are imposed pursuant to subdivision (b) of Section
177360 and Section 7361.1 of the Revenue and Taxation Code, all
18of the following shall occur on a monthly basis:

19(1) Forty-four percent shall be transferred by the Controller to
20the State Highway Account to fund projects in the State
21Transportation Improvement Program that are consistent with
22Section 2 of Article XIX of the California Constitution.

23(2) Twelve percent shall be transferred to the State Highway
24Account to fund projects in the State Highway Operation and
25Protection Program.

26(3) Forty-four percent shall be apportioned by the Controller
27for local street and road purposes as follows:

28(A) Fifty percent shall be apportioned by the Controller to cities,
29including a city and county, in the proportion that the total
30population of the city bears to the total population of all the cities
31in the state.

32(B) Fifty percent shall be apportioned by the Controller to
33counties, including a city and county, in accordance with the
34following formulas:

35(i) Seventy-five percent shall be apportioned among the counties
36in the proportion that the number of fee-paid and exempt vehicles
37that are registered in the county bear to the number of fee-paid and
38exempt vehicles registered in the state.

39(ii) Twenty-five percent shall be apportioned among the counties
40in the proportion that the number of miles of maintained county
P11   1roads in each county bear to the total number of miles of
2maintained county roads in the state. For the purposes of
3apportioning funds under this subparagraph, any roads within the
4boundaries of a city and county that are not state highways shall
5be deemed to be county roads.

6(b) After the transfers or other actions pursuant to subdivision
7(a), at least 90 percent of the balance deposited to the credit of the
8Highway Users Tax Account in the Transportation Tax Fund by
9the 28th day of each month shall be apportioned or transferred, as
10applicable, by the Controller by the second working day thereafter,
11except for June, in which case the apportionment or transfer shall
12be made the same day. These apportionments or transfers shall be
13made as provided for in Sections 2104 to 2122, inclusive. If
14information is not available to make the apportionment or transfer
15as required, the apportionment or transfer shall be made on the
16basis of the information of the previous month. Amounts not
17apportioned or transferred shall be included in the apportionment
18or transfer of the subsequent month.

19(c) Notwithstanding any other law, the funds apportioned by
20the Controller to cities and counties pursuant to paragraph (3) of
21subdivision (a) are not subject to Section 7104 or 7104.2 of the
22Revenue and Taxation Code. These funds may be expended for
23any street and road purpose consistent with the requirements of
24this chapter.

25

SEC. 8.  

Section 9400.1 of the Vehicle Code is amended to
26read:

27

9400.1.  

(a) (1) In addition to any other required fee, there
28shall be paid the fees set forth in this section for the registration
29of commercial motor vehicles operated either singly or in
30combination with a declared gross vehicle weight of 10,001 pounds
31 or more. Pickup truck and electric vehicle weight fees are not
32calculated under this section.

33(2) The weight of a vehicle issued an identification plate
34pursuant to an application under Section 5014, and the weight of
35an implement of husbandry as defined in Section 36000, shall not
36be considered when calculating, pursuant to this section, the
37declared gross vehicle weight of a towing commercial motor
38vehicle that is owned and operated exclusively by a farmer or an
39employee of a farmer in the conduct of agricultural operations.

P12   1(3) Tow trucks that are utilized to render assistance to the
2motoring public or to tow or carry impounded vehicles shall pay
3fees in accordance with this section, except that the fee calculation
4shall be based only on the gross vehicle weight rating of the towing
5or carrying vehicle. Upon each initial or transfer application for
6registration of a tow truck described in this paragraph, the
7registered owner or lessee or that owner’s or lessee’s designee,
8shall certify to the department the gross vehicle weight rating of
9the tow truck:


10

 

Gross Vehicle Weight Range

Fee

10,001-15,000   

$ 257

15,001-20,000   

 353

20,001-26,000   

 435

26,001-30,000   

 552

30,001-35,000   

 648

35,001-40,000   

 761

40,001-45,000   

 837

45,001-50,000   

 948

50,001-54,999   

 1,039

55,000-60,000   

 1,173

60,001-65,000   

 1,282

65,001-70,000   

 1,398

70,001-75,000   

 1,650

75,001-80,000   

 1,700

P12  266P12  2233P12   9

 

27(b) The fees specified in subdivision (a) apply to both of the
28following:

29(1) An initial or original registration occurring on or after
30December 31, 2001, to December 30, 2003, inclusive, of a
31commercial motor vehicle operated either singly or in combination
32with a declared gross vehicle weight of 10,001 pounds or more.

33(2) The renewal of registration of a commercial motor vehicle
34operated either singly or in combination, with a declared gross
35vehicle weight of 10,001 pounds or more for which registration
36expires on or after December 31, 2001, to December 30, 2003,
37inclusive.

38(c) (1) For both an initial or original registration occurring on
39or after December 31, 2003, of a commercial motor vehicle
40operated either singly or in combination with a declared gross
P13   1vehicle weight of 10,001 pounds or more, and the renewal of
2registration of a commercial motor vehicle operated either singly
3or in combination, with a declared gross vehicle weight of 10,001
4pounds or more for which registration expires on or after December
531, 2003, there shall be paid fees as follows:

 

Gross Vehicle Weight Range

Weight Code

Fee 

10,001-15,000

A

$ 332

15,001-20,000

B

 447

20,001-26,000

C

 546

26,001-30,000

D

 586

30,001-35,000

E

 801

35,001-40,000

F

 937

40,001-45,000

G

1,028

45,001-50,000

H

1,161

50,001-54,999

I

1,270

55,000-60,000

J

1,431

60,001-65,000

K

1,562

65,001-70,000

L

1,701

70,001-75,000

M

2,004

75,001-80,000

N

2,064

P12  2233P12   9

 

23(2) For the purpose of obtaining “revenue neutrality” as
24described in Sections 1 and 59 of Senate Bill 2084 of the
251999-2000 Regular Session (Chapter 861 of the Statutes of 2000),
26the Director of Finance shall review the final 2003-04 Statement
27of Transactions of the State Highway Account. If that review
28indicates that the actual truck weight fee revenues deposited in the
29State Highway Account do not total at least seven hundred
30eighty-nine million dollars ($789,000,000), the Director of Finance
31shall instruct the department to adjust the schedule set forth in
32paragraph (1), but not to exceed the following fee amounts:

 

Gross Vehicle Weight Range

Weight Code

Fee 

10,001-15,000

A

$ 354

15,001-20,000

B

 482

20,001-26,000

C

 591

26,001-30,000

D

 746

30,001-35,000

E

 874

35,001-40,000

F

1,024

40,001-45,000

G

1,125

45,001-50,000

H

1,272

50,001-54,999

I

1,393

55,000-60,000

J

1,571

60,001-65,000

K

1,716

65,001-70,000

L

1,870

70,001-75,000

M

2,204

75,001-80,000

N

2,271

P12   9

 

10(d) (1) In addition to the fees set forth in subdivision (a), a
11Cargo Theft Interdiction Program fee of three dollars ($3) shall
12be paid at the time of initial or original registration or renewal of
13registration of each motor vehicle subject to weight fees under this
14section.

15(2) This subdivision does not apply to vehicles used or
16maintained for the transportation of persons for hire, compensation
17or profit, and tow trucks.

18(3) For vehicles registered under Article 4 (commencing with
19Section 8050) of Chapter 4, the fee imposed under this subdivision
20shall be apportioned as required for registration fees under that
21article.

22(4) Funds collected pursuant to the Cargo Theft Interdiction
23Program shall not be proportionately reduced for each month and
24shall be transferred to the Motor Carriers Safety Improvement
25Fund.

26(e) Notwithstanding Section 42270 or any other provision of
27law, of the moneys collected by the department under this section,
28one hundred twenty-two dollars ($122) for each initial, original,
29and renewal registration shall be reported monthly to the Controller,
30and at the same time, deposited in the State Treasury to the credit
31of the Motor Vehicle Account in the State Transportation Fund.
32All other moneys collected by the department under this section
33shall be deposited to the credit of the State Highway Account in
34the State Transportation Fund. One hundred twenty-two dollars
35($122) of the fee imposed under this section shall not be
36proportionately reduced for each month. For vehicles registered
37under Article 4 (commencing with Section 8050) of Chapter 4,
38the fee shall be apportioned as required for registration under that
39article.

P15   1(f) (1) The department, in consultation with the Department of
2the California Highway Patrol, shall design and make available a
3set of distinctive weight decals that reflect the declared gross
4combined weight or gross operating weight reported to the
5department at the time of initial registration, registration renewal,
6or when a weight change is reported to the department pursuant
7to Section 9406.1. A new decal shall be issued on each renewal
8or when the weight is changed pursuant to Section 9406.1. The
9decal for a tow truck that is subject to this section shall reflect the
10gross vehicle weight rating or weight code.

11(2) The department may charge a fee, not to exceed ten dollars
12($10), for the department’s actual cost of producing and issuing
13each set of decals issued under paragraph (1).

14(3) The weight decal shall be in sharp contrast to the background
15and shall be of a size, shape, and color that is readily legible during
16daylight hours from a distance of 50 feet.

17(4) Each vehicle subject to this section shall display the weight
18decal on both the right and left sides of the vehicle.

19(5) A person may not display upon a vehicle a decal issued
20pursuant to this subdivision that does not reflect the declared weight
21reported to the department.

22(6) Notwithstanding subdivision (e) or any other provision of
23law, the moneys collected by the department under this subdivision
24shall be deposited in the State Treasury to the credit of the Motor
25Vehicle Account in the State Transportation Fund.

26(7) This subdivision shall apply to vehicles subject to this section
27at the time of an initial registration, registration renewal, or reported
28weight change that occurs on or after July 1, 2004.

29(8) The following shall apply to vehicles registered under the
30permanent fleet registration program pursuant to Article 9.5
31(commencing with Section 5301) of Chapter 1:

32(A) The department, in consultation with the Department of the
33California Highway Patrol, shall distinguish the weight decals
34issued to permanent fleet registration vehicles from those issued
35to other vehicles.

36(B) The department shall issue the distinguishable weight decals
37only to the following:

38(i) A permanent fleet registration vehicle that is registered with
39the department on January 1, 2005.

P16   1(ii) On and after January 1, 2005, a vehicle for which the
2department has an application for initial registration as a permanent
3fleet registration vehicle.

4(iii) On and after January 1, 2005, a permanent fleet registration
5vehicle that has a weight change pursuant to Section 9406.1.

6(C) The weight decal issued under this paragraph shall comply
7with the applicable provisions of paragraphs (1) to (6), inclusive.

8

SEC. 9.  

Section 9400.4 of the Vehicle Code is repealed.

9

SEC. 10.  

Section 42205 of the Vehicle Code is amended to
10read:

11

42205.  

(a) Notwithstanding Chapter 3 (commencing with
12Section 42270), the department shall file, at least monthly with
13the Controller, a report of money received by the department
14pursuant to Section 9400 for the previous month and shall, at the
15same time, remit all money so reported to the Treasurer. On order
16of the Controller, the Treasurer shall deposit all money so remitted
17into the State Highway Account in the State Transportation Fund.

18(b) The Legislature shall appropriate from the State Highway
19Account in the State Transportation Fund to the department and
20the Franchise Tax Board amounts equal to the costs incurred by
21each in performing their duties pursuant to Article 3 (commencing
22with Section 9400) of Chapter 6 of Division 3. The applicable
23amounts shall be determined so that the appropriate costs for
24registration and weight fee collection activities are appropriated
25between the recipients of revenues in proportion to the revenues
26that would have been received individually by those recipients if
27the total fee imposed under the Vehicle License Fee Law (Part 5
28(commencing with Section 10701) of Division 2 of the Revenue
29and Taxation Code) was 2 percent of the market value of a vehicle.
30The remainder of the funds collected under Section 9400 and
31deposited in the account may be appropriated to the Department
32of Transportation, the Department of the California Highway
33Patrol, and the Department of Motor Vehicles for the purposes
34authorized under Section 3 of Article XIX of the California
35Constitution.

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