AB 1591, as introduced, Frazier. Transportation funding.
(1) Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.
This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria to ensure efficient use of the funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.225 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill, including an inflation adjustment as provided, an increase of $38 in the annual vehicle registration fee, and a new $165 annual vehicle registration fee applicable to zero-emission motor vehicles, as defined.
The bill would continuously appropriate the funds in the account for road maintenance and rehabilitation purposes and would allocate 5% of available funds to counties that approve a transactions and use tax on or after July 1, 2016, with the remaining funds to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program, and 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 85.
(2) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified.
This bill would require the Department of Finance, on or before March 1, 2016, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule to the accounts from which the loans were made, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred to cities and counties pursuant to a specified formula.
(3) The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement, and specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes.
The bill would deposit the revenues attributable to a $0.30 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund.
Existing law specifies projects eligible for funding from the Trade Corridors Improvement Fund, including, among other things, projects for truck corridor improvements, including dedicated truck facilities, or truck toll facilities.
This bill would include truck parking among the truck corridor capital improvements eligible to be funded and would authorize the expenditure of moneys in the fund for certain system efficiency improvements, including the development, demonstration, and deployment of promising Intelligent Transportation System applications. The bill would require the California Transportation Commission, in evaluating potential projects to be funded from the fund, to give priority to projects demonstrating one or more of certain characteristics.
(4) Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law, to the extent moneys are transferred to the Trade Corridors Improvement Fund from the Greenhouse Gas Reduction Fund, requires projects funded with those moneys to be subject to all of the requirements of existing law applicable to the expenditure of moneys appropriated from the Greenhouse Gas Reduction Fund, including, among other things, furthering the regulatory purposes of the California Global Warming Solutions Act of 2006. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program.
This bill would, beginning in the 2016-17 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program, thereby making an appropriation, and, transfer 20% of those annual proceeds to the Trade Corridors Improvement Fund.
(5) Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral.
This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates. This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the board to recompute the gasoline and diesel excise tax rates based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed.
(6) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan.
This bill, on and after February 1, 2017, would require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed.
(7) 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.
This bill, notwithstanding these provisions or any other law, would prohibit weight fee revenues from being transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds, and would also prohibit loans of weight fee revenues to the General Fund.
(8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Over the next 10 years, the state faces a $59 billion shortfall
4to adequately maintain the existing state highway system, in order
5to keep it in a basic state of good repair.
6(b) Similarly, cities and counties face a $78 billion shortfall
7over the next decade to adequately maintain the existing network
8of local streets and roads.
9(c) Statewide taxes and fees dedicated to the maintenance of
10the system have not been increased in more than 20 years, with
11those revenues losing more than 55 percent of their purchasing
12power, while costs to maintain the system have steadily increased
13and much of the underlying infrastructure has aged past its expected
15(d) California motorists are spending $17 billion annually in
16extra maintenance and car repair bills, which is more than $700
17per driver, due to the state’s poorly maintained roads.
18(e) Failing to act now to address this growing problem means
19that more drastic measures will be required to maintain our system
20in the future, essentially passing the burden on to future generations
21instead of doing our job today.
P6 1(f) A funding program will help address a portion of the
2maintenance backlog on the state’s road system and will stop the
3growth of the problem.
4(g) Modestly increasing various fees can spread the cost of road
5repairs broadly to all users and beneficiaries of the road network
6without overburdening any one group.
7(h) Improving the condition of the state’s road system will have
8a positive impact on the economy as it lowers the transportation
9costs of doing business, reduces congestion impacts for employees,
10and protects property values in the state.
11(i) The federal government estimates that increased spending
12on infrastructure creates more than 13,000 jobs per $1 billion spent.
13(j) Well-maintained roads benefit all users, not just drivers, as
14roads are used for all modes of transport, whether motor vehicles,
15transit, bicycles, or pedestrians.
16(k) Well-maintained roads additionally provide significant health
17benefits and prevent injuries and death due to crashes caused by
18poorly maintained infrastructure.
19(l) A comprehensive, reasonable transportation funding package
20will do all of the following:
21(1) Ensure these transportation needs are addressed.
22(2) Fairly distribute the economic impact of increased funding.
23(3) Restore the gas tax rate previously reduced by the State
24Board of Equalization pursuant to the gas tax swap.
25(4) Direct increased revenue to the state’s highest transportation
Section 14526.7 is added to the Government Code, to
(a) On and after February 1, 2017, an allocation by
30the commission of all capital and support costs for each project in
31the state highway operation and protection program shall be
33(b) For a project that experiences increases in capital or support
34costs above the amounts in the commission’s allocation pursuant
35to subdivision (a), a supplemental project allocation request shall
36be submitted by the department to the commission for approval.
37(c) The commission shall establish guidelines to provide
38exceptions to the requirement of subdivision (b) that the
39commission determines are necessary to ensure that projects are
40not unnecessarily delayed.
Section 16321 is added to the Government Code, to
(a) Notwithstanding any other law, on or before March
41, 2016, the Department of Finance shall compute the amount of
5outstanding loans made from the State Highway Account, the
6Motor Vehicle Fuel Account, the Highway Users Tax Account,
7and the Motor Vehicle Account to the General Fund. The
8department shall prepare a loan repayment schedule, pursuant to
9which the outstanding loans shall be repaid to the accounts from
10which the loans were made, as follows:
11(1) On or before June 30, 2016, 50 percent of the outstanding
13(2) On or before June 30, 2017, 50 percent of the outstanding
15(b) Notwithstanding any other provision of law, as the loans are
16repaid pursuant to this section, the repaid funds shall be transferred
17to cities and counties pursuant to subparagraph (C) of paragraph
18(3) of subdivision (a) of Section 2103 of the Streets and Highways
20(c) Funds for loan repayments pursuant to this section are hereby
21appropriated from the Budget Stabilization Account pursuant to
22subclause (II) of clause (ii) of subparagraph (B) of paragraph (1)
23of subdivision (c) of Section 20 of Article XVI of the California
Section 39719 of the Health and Safety Code is
26amended to read:
(a) The Legislature shall appropriate the annual
28proceeds of the fund for the purpose of reducing greenhouse gas
29emissions in this state in accordance with the requirements of
31(b) To carry out a portion of the requirements of subdivision
32(a), annual proceeds are continuously appropriated for the
34(1) Beginning in the
begin delete 2015-16end delete fiscal year, and
35notwithstanding Section 13340 of the Government Code,
begin delete 35end delete
36 percent of annual proceeds are continuously appropriated, without
37regard to fiscal years, for transit, affordable housing, and
38sustainable communities programs as following:
begin deleteTen end deletepercent of the annual proceeds of the fund is
40hereby continuously appropriated to the Transportation Agency
P8 1for the Transit and Intercity Rail Capital Program created by Part
22 (commencing with Section 75220) of Division 44 of the Public
4(B) Five percent of the annual proceeds of the fund is hereby
5continuously appropriated to the Low Carbon Transit Operations
6Program created by Part 3 (commencing with Section 75230) of
7Division 44 of the Public Resources Code.
begin delete Fundsend delete shall be
8allocated by the Controller, according to requirements of the
9program, and pursuant to the distribution formula in subdivision
10(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
11the Public Utilities Code.
12(C) Twenty percent of the annual proceeds of the fund is hereby
13continuously appropriated to the Strategic Growth Council for the
14Affordable Housing and Sustainable Communities Program created
15by Part 1 (commencing with Section 75200) of Division 44 of the
16Public Resources Code. Of the amount appropriated in this
17subparagraph, no less than 10 percent of the annual
begin delete proceeds,end delete
18 shall be expended for affordable housing, consistent with
19the provisions of that program.
20(2) Beginning in the 2015-16 fiscal year, notwithstanding
21Section 13340 of the Government Code, 25 percent of the annual
22proceeds of the fund is hereby continuously appropriated to the
23High-Speed Rail Authority for the following components of the
24initial operating segment and Phase I Blended System as described
25in the 2012 business plan adopted pursuant to Section 185033 of
26the Public Utilities Code:
27(A) Acquisition and construction costs of the project.
28(B) Environmental review and design costs of the project.
29(C) Other capital costs of the project.
30(D) Repayment of any loans made to the authority to fund the
36(c) In determining the amount of annual proceeds of the fund
37for purposes of the calculation in subdivision (b), the funds subject
38to Section 39719.1 shall not be included.
Section 7360 of the Revenue and Taxation Code is
40amended to read:
(a) (1) A tax of eighteen cents ($0.18) is hereby
2imposed upon each gallon of fuel subject to the tax in Sections
37362, 7363, and 7364.
10(2) If the federal fuel tax is reduced below the rate of nine cents
11($0.09) per gallon and federal financial allocations to this state for
12highway and exclusive public mass transit guideway purposes are
13reduced or eliminated correspondingly, the tax rate imposed by
14 paragraph (1), on and after the date of the
15reduction, shall be recalculated by an amount so that the combined
16state rate under paragraph (1) and the federal
17tax rate per gallon equal twenty-seven cents ($0.27).
18(3) If any person or entity is exempt or partially exempt from
19the federal fuel tax at the time of a reduction, the person or entity
20shall continue to be so exempt under this section.
begin delete(1)end delete begin delete end deleteOn and after July 1, 2010, in addition to the tax imposed
22by subdivision (a), a tax is hereby imposed upon each gallon of
23motor vehicle fuel, other than aviation gasoline, subject to the tax
24in Sections 7362, 7363, and 7364 in an amount equal to seventeen
25and three-tenths cents ($0.173) per gallon.
26(2) For the 2011-12 fiscal year,end delete
begin delete each fiscalend delete year
begin delete board shall, on or before March 1end delete of
begin delete the fiscal year immediately preceding the applicable fiscal year, of
30adjust the rate in paragraph (1) in that manner as to generate an
begin delete revenue that the
32will equalend delete
begin delete amount of revenue loss attributable to the exemption by
begin delete Section 6357.7, based on estimates
34made by the board, and that rateend delete
35 shall be
begin delete effective during the state’s next fiscal year.end delete
37(3) In order to maintain revenue neutrality for each year,
38beginning with the rate adjustment on or before March 1, 2012,
39the adjustment under paragraph (2) shall also take into account the
40extent to which the actual amount
P10 1 of
begin delete revenues derived pursuantend delete to begin delete this subdivision and, as applicable, Section 7361.1,end delete the
begin delete revenue loss attributable toend delete the
begin delete exemption provided by Section 6357.7 resultedend delete
begin delete a net revenue gain or lossend delete
begin delete the fiscal year endingend delete prior to the begin delete rate adjustment date on
8or before March 1.end delete
14(4) The intent of paragraphs (2) and (3) is to ensure that the act
15adding this subdivision
begin delete Section
186357.7 does not produce a net revenue gain in state taxes.end delete
Section 60050 of the Revenue and Taxation Code is
23amended to read:
(a) (1) A tax of
begin delete eighteenend delete cents begin delete ($0.18)end delete
25 is hereby imposed upon each gallon of diesel fuel subject to the
26tax in Sections 60051, 60052, and 60058.
27(2) If the federal fuel tax is reduced below the rate of fifteen
28cents ($0.15) per gallon and federal financial allocations to this
29state for highway and exclusive public mass transit guideway
30purposes are reduced or eliminated correspondingly, the tax rate
31imposed by paragraph
begin delete (1), including any reduction or adjustment
32pursuant to subdivision (b), on and after the date of the reduction,end delete
33 shall be increased by an amount so that the combined state rate
34under paragraph (1) and the federal tax rate per gallon equal what
35it would have been in the absence of the federal reduction.
36(3) If any person or entity is exempt or partially exempt from
37the federal fuel tax at the time of a reduction, the person or entity
38shall continue to be exempt under this section.
begin delete(1)end delete begin delete end delete begin deleteOn July 1, 2011, end delete the tax begin delete rate specified in
40paragraph (1) of subdivision (a) shall be reduced to thirteen cents
P11 1($0.13) and every July 1 thereafter shall be adjusted pursuant to
2paragraphs (2) and (3).end delete
8 (2) For the 2012-13 fiscal year and each fiscal year thereafter,
9the board shall, on or before March 1 of the fiscal year immediately
10preceding the applicable fiscal year, adjust the rate reduction in
11paragraph (1) in that manner as to result in a revenue loss
12attributable to paragraph (1) that will equal the amount of revenue
13gain attributable to Sections 6051.8 and 6201.8, based on estimates
14made by the board, and that rate shall be effective during the state’s
15next fiscal year.
20(3) In order to maintain revenue neutrality for each year,
21beginning with the rate adjustment on or before March 1, 2013,
22the adjustment under paragraph (2) shall take into account the
23extent to which the actual amount
begin delete revenues derived pursuantend delete to begin delete Sections 6051.8 and 6201.8 andend delete the begin delete revenue loss in
26attributable to this subdivision resultedend delete
begin delete a net revenue gain or lossend delete for begin delete the fiscal year endingend delete prior to the begin delete rate
30adjustment date on or before March 1.end delete
38(4) The intent of paragraphs (2) and (3) is to ensure that the act
39adding this subdivision
P12 1 and
begin delete Sections
36051.8 and 6201.8 does not produce a net revenue gain in state
Chapter 2 (commencing with Section 2030) is added
8to Division 3 of the Streets and Highways Code, to read:
(a) The Road Maintenance and Rehabilitation Program
14is hereby created to address deferred maintenance on the state
15highway system and the local street and road system. Funds made
16available by the program shall be prioritized for expenditure on
17basic road maintenance and road rehabilitation projects, and on
18critical safety projects. The California Transportation Commission
19shall adopt performance criteria to ensure efficient use of the funds
20available pursuant to this chapter for the program.
21(b) Funds made available by the program shall be used for
22projects that include, but are not limited to, the following:
23(1) Road maintenance and rehabilitation.
24(2) Safety projects.
25(3) Railroad grade separations.
26(4) Active transportation and pedestrian and bicycle safety
27projects in conjunction with any other allowable project.
28(c) To the extent possible, the department and cities and counties
29receiving an apportionment of funds under the program shall use
30advanced technologies and material recycling techniques that
31reduce the cost of maintaining and rehabilitating the streets and
The following revenues shall be deposited in the Road
34Maintenance and Rehabilitation Account, which is hereby created
35in the State Transportation Fund:
36(a) Notwithstanding subdivision (b) of Section 2103, the
37revenues attributable to the increase in the motor vehicle fuel excise
38tax by twenty-two and one-half cents ($0.225) per gallon pursuant
39to subdivision (a) of Section 7360 of the Revenue and Taxation
40Code, as adjusted pursuant to subdivision (c) of that section.
P13 1(b) The revenues from the increase in the vehicle registration
2fee pursuant to Section 9250.3 of the Vehicle Code.
3(c) The revenues from the increase in the vehicle
4fee pursuant to Section 9250.6 of the Vehicle Code.
5(d) Any other revenues designated for the program.
Each fiscal year the annual Budget Act shall contain
7an appropriation from the Road Maintenance and Rehabilitation
8Account to the Controller for the costs of carrying out his or her
9duties pursuant to this chapter and to the California Transportation
10Commission for the costs of carrying out its duties pursuant to this
11chapter and Section 14526.7 of the Government Code.
(a) After deducting the amounts appropriated in the
13annual Budget Act as provided in Section 2031.5, 5 percent of the
14remaining revenues deposited in the Road Maintenance and
15Rehabilitation Account shall be set aside for counties in which
16voters approve, on or after July 1, 2016, a transactions and use tax
17for transportation purposes, and which counties did not, prior to
18that approval, impose a transactions and use tax for those purposes.
19The funds available under this subdivision in each fiscal year are
20hereby continuously appropriated for allocation to each eligible
21county and each city in the county for road maintenance and
22rehabilitation purposes. However, funds remaining unallocated
23under this subdivision in any fiscal year shall be reallocated on
24the last day of the fiscal year pursuant to subdivision (b).
25(b) The balance of the revenues deposited in the Road
26Maintenance and Rehabilitation Account, including the revenues
27reallocated for the purposes of this subdivision pursuant to
28subdivision (a), are hereby continuously appropriated as follows:
29(1) Fifty percent for allocation to the department for maintenance
30of the state highway system or for purposes of the state highway
31operation and protection program.
32(2) Fifty percent for apportionment to cities and counties by the
33Controller pursuant to the formula in subparagraph (C) of
34paragraph (3) of subdivision (a) of Section 2103 for the purposes
35authorized by this chapter.
(a) Funds made available to a city or county under the
37program shall be used for improvements to transportation facilities
38that will assist in reducing further deterioration of the existing road
39system. These improvements may include, but need not be limited
40to, pavement maintenance, rehabilitation, installation, construction,
P14 1and reconstruction of necessary associated facilities such as
2drainage and traffic control devices, or safety projects to reduce
4(b) Funds made available under the program may also be used
5for the following purposes:
6(1) To satisfy the local match requirement in order to obtain
7state or federal transportation funds for similar purposes.
8(2) Active transportation and pedestrian and bicycle safety
9projects in conjunction with any other allowable project.
(a) Cities and counties shall maintain their existing
11commitment of local funds for street, road, and highway purposes
12in order to remain eligible for an allocation or apportionment of
13funds pursuant to Section 2032.
14(b) In order to receive an allocation or apportionment pursuant
15to Section 2032, the city or county shall annually expend from its
16general fund for street, road, and highway purposes an amount not
17less than the annual average of its expenditures from its general
18fund during the 2009-10, 2010-11, and 2011-12 fiscal years, as
19reported to the Controller pursuant to Section 2151. For purposes
20of this subdivision, in calculating a city’s or county’s annual
21general fund expenditures and its average general fund expenditures
22for the 2009-10, 2010-11, and 2011-12 fiscal years, any
23unrestricted funds that the city or county may expend at its
24discretion, including vehicle in-lieu tax revenues and revenues
25from fines and forfeitures, expended for street, road, and highway
26purposes shall be considered expenditures from the general fund.
27One-time allocations that have been expended for street and
28highway purposes, but which may not be available on an ongoing
29basis, including revenue provided under the Teeter Plan Bond Law
30of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1
31of Division 2 of Title 5 of the Government Code), may not be
32considered when calculating a city’s or county’s annual general
34(c) For any city incorporated after July 1, 2009, the Controller
35shall calculate an annual average expenditure for the period
36between July 1, 2009, and December 31, 2015, inclusive, that the
37city was incorporated.
38(d) For purposes of subdivision (b), the Controller may request
39fiscal data from cities and counties in addition to data provided
40pursuant to Section 2151, for the 2009-10, 2010-11, and 2011-12
P15 1fiscal years. Each city and county shall furnish the data to the
2Controller not later than 120 days after receiving the request. The
3Controller may withhold payment to cities and counties that do
4not comply with the request for information or that provide
6(e) The Controller may perform audits to ensure compliance
7with subdivision (b) when deemed necessary. Any city or county
8that has not complied with subdivision (b) shall reimburse the state
9for the funds it received during that fiscal year. Any funds withheld
10or returned as a result of a failure to comply with subdivision (b)
11shall be reapportioned to the other counties and cities whose
12expenditures are in compliance.
13(f) If a city or county fails to comply with the requirements of
14subdivision (b) in a particular fiscal year, the city or county may
15expend during that fiscal year and the following fiscal year a total
16amount that is not less than the total amount required to be
17expended for those fiscal years for purposes of complying with
A city or county may spend its apportionment of funds
20under the program on transportation priorities other than those
21allowable pursuant to this chapter if the city’s or county’s average
22Pavement Condition Index meets or exceeds 85.
Section 2192 of the Streets and Highways Code is
24amended to read:
(a) The Trade Corridors Improvement Fund, created
26pursuant to subdivision (c) of Section 8879.23 of the Government
27Code, is hereby continued in existence to receive revenues from
28sources other than the Highway Safety, Traffic Reduction, Air
29Quality, and Port Security Bond Act of 2006. This chapter shall
30govern expenditure of those other revenues.
31(b) The moneys in the fund from those other sources shall be
32available upon appropriation for allocation by the California
33Transportation Commission for infrastructure improvements in
34this state on federally designated Trade Corridors of National and
35Regional Significance, on the Primary Freight Network, and along
36other corridors that have a high volume of freight movement, as
37determined by the commission. In determining the projects eligible
38for funding, the commission shall consult the Transportation
39Agency’s state freight
begin delete planend delete as described in Section 13978.8
40of the Government
begin delete Code, the State Air Resources Board’s The commission shall also
P16 1Sustainable Freight Strategy adopted by Resolution 14-2, and the
2trade infrastructure and goods movement plan submitted to the
3commission by the Secretary of Transportation and the Secretary
4for Environmental Protection.end delete
5consult trade infrastructure and goods movement plans adopted
6by regional transportation planning agencies, adopted regional
7transportation plans required by state and federal law, and
begin delete theend delete
8 statewide port master
begin delete plan prepared by the California Marine and when determining eligible projects for
9Intermodal Transportation System Advisory Council
10(Cal-MITSAC) pursuant to Section 1730 of the Harbors and
11Navigation Code,end delete
12funding. Eligible projects for these funds include, but are not
13limited to, all of the following:
14(1) Highway capacity improvements and operational
15improvements to more efficiently accommodate the movement of
16freight, particularly for ingress and egress to and from the state’s
17land ports of entry and seaports, including navigable inland
18waterways used to transport freight between seaports, land ports
19of entry, and airports, and to relieve traffic congestion along major
20trade or goods movement corridors.
21(2) Freight rail system improvements to enhance the ability to
22move goods from seaports, land ports of entry, and airports to
23warehousing and distribution centers throughout California,
24including projects that separate rail lines from highway or local
25road traffic, improve freight rail mobility through mountainous
26regions, relocate rail switching yards, and other projects that
27improve the efficiency and capacity of the rail freight system.
28(3) Projects to enhance the capacity and efficiency of ports.
29(4) Truck corridor improvements, including dedicated
begin delete facilitiesend delete or truck toll facilities.
31(5) Border access improvements that enhance goods movement
32between California and Mexico and that maximize the state’s
33ability to access coordinated border infrastructure funds made
34available to the state by federal law.
35(6) Surface transportation and connector road improvements to
36effectively facilitate the movement of goods, particularly for
37ingress and egress to and from the state’s land ports of entry,
38airports, and seaports, to relieve traffic congestion along major
39trade or goods movement corridors.
7(c) (1) The commission shall allocate funds for trade
8infrastructure improvements from the fund consistent with Section
98879.52 of the Government Code and the Trade Corridors
10Improvement Fund (TCIF) Guidelines adopted by the commission
11on November 27, 2007, or as amended by the
begin delete commission, and in
12a manner that (A) addresses the state’s most urgent needs, (B)
13balances the demands of various land ports of entry, seaports, and
14airports, (C) provides reasonable geographic balance between the
15state’s regions, and (D) places emphasis on projects that improve
16trade corridor mobility while reducing emissions of diesel
17particulate and other pollutant emissions.end delete
33(2) In addition, the commission shall also consider the following
34factors when allocating these funds:
35(A) “Velocity,” which means the speed by which large cargo
36would travel from the land port of entry or seaport through the
38(B) “Throughput,” which means the volume of cargo that would
39move from the land port of entry or seaport through the distribution
P18 1(C) “Reliability,” which means a
reasonably consistent and
2predictable amount of time for cargo to travel from one point to
3another on any given day or at any given time in California.
4(D) “Congestion reduction,” which means the reduction in
5recurrent daily hours of delay to be achieved.
Section 2192.1 of the Streets and Highways Code is
7amended to read:
(a) To the extent moneys from the Greenhouse Gas
9Reduction Fund, attributable to the auction or sale of allowances
10as part of a market-based compliance mechanism relative to
11reduction of greenhouse gas emissions, are transferred to the Trade
12Corridors Improvement Fund, projects funded with those moneys
13shall be subject to all of the requirements of existing law applicable
14to the expenditure of moneys appropriated from the Greenhouse
15Gas Reduction Fund, including, but not limited to,
begin delete bothend delete of the
17(1) Projects shall further the regulatory purposes of the
18California Global Warming Solutions Act of 2006 (Division 25.5
19(commencing with Section 38500) of the Health and Safety Code),
20including reducing emissions from greenhouse gases in the state,
21directing public and private investment toward disadvantaged
22communities, increasing the diversity of energy sources, or creating
23opportunities for businesses, public agencies, nonprofits, and other
24community institutions to participate in and benefit from statewide
25efforts to reduce emissions of greenhouse gases.
26(2) Projects shall be consistent with the guidance developed by
27the State Air Resources Board pursuant to Section 39715 of the
28Health and Safety Code.
32(b) All allocations of funds made by the commission pursuant
33to this section shall be made in a manner consistent with the criteria
34expressed in Section 39712 of the Health and Safety Code and
35with the investment plan developed by the Department of Finance
36pursuant to Section 39716 of the Health and Safety Code.
Section 2192.4 is added to the Streets and Highways
38Code, to read:
Notwithstanding subdivision (b) of Section 2103, the
40portion of the revenues in the Highway Users Tax Account
P19 1attributable to the increase in the tax rate on diesel fuel by thirty
2cents ($0.30) per gallon pursuant to subdivision (b) of Section
360050 of the Revenue and Taxation Code, and as adjusted pursuant
4to subdivision (c) of that section, shall be deposited in the Trade
5Corridors Improvement Fund.
Section 9250.3 is added to the Vehicle Code, to read:
(a) In addition to any other fees specified in this code,
8or the Revenue and Taxation Code, commencing 120 days after
9the effective date of the act adding this section, a registration fee
10of thirty-eight dollars ($38) shall be paid to the department for
11registration or renewal of registration of every vehicle subject to
12registration under this code, except those vehicles that are expressly
13exempted under this code from payment of registration fees.
14(b) Revenues from the fee, after deduction of the department’s
15administrative costs related to this section, shall be deposited in
16the Road Maintenance and Rehabilitation Account created pursuant
17to Section 2031 of the Streets and Highways Code.
Section 9250.6 is added to the Vehicle Code, to read:
(a) In addition to any other fees specified in this code,
20or the Revenue and Taxation Code, commencing 120 days after
21the effective date of the act adding this section, a registration fee
22of one hundred and sixty-five dollars ($165) shall be paid to the
23department for registration or renewal of registration of every
24zero-emission motor vehicle subject to registration under this code,
25except those motor vehicles that are expressly exempted under
26this code from payment of registration fees.
27(b) Revenues from the fee, after deduction of the department’s
28administrative costs related to this section, shall be deposited in
29the Road Maintenance and Rehabilitation Account created pursuant
30to Section 2031 of the Streets and Highways Code.
31(c) This section does not apply to a commercial motor vehicle
32subject to Section 9400.1.
33(d) For purposes of this section, “zero-emission motor vehicle”
34means a motor vehicle as described in subdivisions (c) and (d) of
35Section 44258 of the Health and Safety Code, or any other motor
36vehicle that is able to operate on any fuel other than gasoline or
Section 9400.5 is added to the Vehicle Code, to read:
Notwithstanding Sections 9400.1, 9400.4, and 42205
40of this code, Sections 16773 and 16965 of the Government Code,
P20 1Section 2103 of the Streets and Highways Code, or any other law,
2weight fee revenues shall not be transferred from the State Highway
3Account to the Transportation Debt Service Fund, the
4Transportation Bond Direct Payment Account, or any other fund
5or account for the purpose of payment of the debt service on
6transportation general obligation bonds, and shall not be loaned
7to the General Fund.
This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:
12In order to provide additional funding for road maintenance and
13rehabilitation purposes as quickly as possible, it is necessary for
14this act to take effect immediately.