BILL ANALYSIS Ó AB 227 Page 1 Date of Hearing: May 7, 2015 ASSEMBLY COMMITTEE ON BUDGET Shirley Weber, Chair AB 227 (Alejo) - As Amended April 15, 2015 SUBJECT: Transportation funding SUMMARY: Makes several changes to transportation-related funding streams and loans. Specifically, this bill: 1) Eliminates the transfer of weight fee revenues for debt service related to transportation general obligation bonds. 2) Requires all outstanding loans to the General Fund from certain transportation special funds be repaid by December 31, 2018. EXISTING LAW: The 2009-10 budget package included a complicated fuel swap that allowed the State to use taxes on fuels to achieve about a $1 billion annual General Fund savings by paying AB 227 Page 2 General Obligation Bond debts with weight fees instead of General Fund. As part of this swap, the State replaced the State sales tax on gasoline with an excise tax that contained a true-up mechanism to mimic the revenue growth of a sales tax over time. Prior to the fuel tax swap, cities and counties received 40 percent of the Proposition 42 portion of the sales tax on gasoline. In May of 2013, DOF estimated that in 2014-15, Proposition 42 revenues would be $1.57 billion if the state still charged a sales tax on gasoline. Based on DOF's estimate, the cities and counties share of Proposition 42 revenues would be about $628 million in 2014-15, assuming fuel tax law prior to the swap. Under the swap, the state expects to collect about $2.5 billion in swap excise tax revenues in 2014-15. The first $958 million of these funds backfilling weight fees used to pay GO debt service, which saves the equivalent amount of General Fund. The remaining roughly $1.5 billion is then divided by formula, with 44 percent of the funds going to cities and counties. For 2014-15, the swap excise tax revenue that replaced the Proposition 42 transfer to cities and counties is projected to be about $680 million, or roughly $50 million more than locals would have received if the swap had not been enacted. FISCAL EFFECT: This bill would result in a General Fund cost of close to $1 billion annually from the shift of weight fees from debt service payments. COMMENTS: This bill would cost close to $1 billion to shift wait fee revenues from their existing use as debt service payment. As a result, this bill results in an ongoing General Fund cost of the equivalent amount. The weight fees would instead be deposited in the State Highway Account. AB 227 Page 3 This bill also requires the General Fund repay all loans from certain transportation special funds by December 31, 2018. According to a report prepared by Department of Finance as of December 31, 2014, the State has approximately $575 million on outstanding debts that would have to repaid to the State Highway Account, the Motor Vehicle Account, the Motor Vehicle Fuel Account, the Local Airport Loan Account, and the Public Transit Account. In this report, Department of Finance projects all of these loans to be repaid on or before 2016-17. REGISTERED SUPPORT / OPPOSITION: Support American Council of Engineering Companies Association of Governments- Southern California Blackburn Consulting California Asphalt Pavement Association California Association of Councils of Governments California State Council of Laborers AB 227 Page 4 California Transit Association City/County Association of Governments of San Mateo County Dimensions 4 Engineering Inc EFS Engineering, Inc. HMH Engineers Holdrege and Kull Kennedy & Associates Kimley, Horn Lane Engineers, Inc. Lee & Pierce Inc. Leighton Consulting, Inc. Leptien, Cronin, Cooper, Morris, & Poore, Inc. Michael Baker International AB 227 Page 5 Morton & Pitalo, Inc. Orange County Transportation Authority Pace Engineering Pacific Crest Engineering Inc. RICK Engineering Company Robert L. Dewitt and Associates, Inc. SA Associates Shannon & Wilson, Inc. Solano Transportation Authority Stantec Consulting Services Inc. Transportation Agency for Monterey County Transpedia Consulting Engineers Towill, Inc. AB 227 Page 6 Valley Transportation Authority Ventura County Transportation Authority Whitson Engineers Yeh and Associates, Inc. Opposition None on file Analysis Prepared by:Christian Griffith/ BUDGET /916-319-2099