BILL NUMBER: AB 1546 CHAPTERED
BILL TEXT
CHAPTER 931
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE ASSEMBLY AUGUST 18, 2004
PASSED THE SENATE AUGUST 16, 2004
AMENDED IN SENATE AUGUST 9, 2004
AMENDED IN SENATE AUGUST 18, 2003
AMENDED IN SENATE JULY 22, 2003
AMENDED IN SENATE JUNE 24, 2003
AMENDED IN ASSEMBLY APRIL 22, 2003
INTRODUCED BY Assembly Member Simitian
(Coauthors: Assembly Members Mullin and Yee)
FEBRUARY 21, 2003
An act to add Chapter 2.65 (commencing with Section 65089.11) to
Division 1 of Title 7 of the Government Code, and to add Section
9250.5 to the Vehicle Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1546, Simitian. Local governments: vehicle fee for congestion
and stormwater management programs.
Existing law provides for the imposition by air districts and
other local agencies of fees on the registration of motor vehicles in
certain areas of the state that are in addition to the basic vehicle
registration fee collected by the Department of Motor Vehicles.
This bill would authorize the City/County Association of
Governments of San Mateo County to impose an annual fee of up to $4
on motor vehicles registered within San Mateo County for a program
for the management of traffic congestion and stormwater pollution
within that county. The bill would require the City/County
Association of Governments of San Mateo County to have an independent
audit performed on the program and to provide its findings to the
Legislature. The bill would require a program with performance
measures and a budget before the fee may be imposed. The bill would
require the Department of Motor Vehicles, if requested, to collect
the fee and distribute the proceeds, after deduction of specified
administrative costs, to the association. The bill would require
that the fees collected may only be used to pay for programs bearing
a relationship or benefit to the motor vehicles paying the fee, and
would require the board of the association to make a specified
finding of fact by a 2/3 vote. The fee would terminate on January 1,
2009.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.65 (commencing with Section 65089.11) is
added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 2.65. MANAGEMENT OF TRAFFIC CONGESTION AND STORMWATER
POLLUTION IN SAN MATEO COUNTY
65089.11. (a) The City/County Association of Governments of San
Mateo County, which has been formed by the resolutions of the board
of supervisors within San Mateo County and a majority of the city
councils within the county that represent a majority of the
population in the incorporated area of San Mateo County, may impose a
fee of up to four dollars ($4) on motor vehicles registered within
San Mateo County. The City/County Association of Governments of San
Mateo County may impose the fee only if the board of the association
adopts a resolution providing for both the fee and a corresponding
program for the management of traffic congestion and stormwater
pollution within San Mateo County as set forth in Sections 65089.12
to 65089.15, inclusive. Adoption by the board requires a vote of
approval by board members representing two-thirds of the population
of San Mateo County.
(b) A fee imposed pursuant to this section shall not become
operative until July 1, 2005, pursuant to the resolution adopted by
the board in subdivision (a).
(c) The fee shall terminate on January 1, 2009, unless
reauthorized by the Legislature.
65089.12. (a) The fees distributed to the City/County Association
of Governments of San Mateo County pursuant to Section 9250.5 of the
Vehicle Code shall be used for purposes of congestion management and
stormwater pollution prevention as specified in its adopted
congestion management program, pursuant to Section 65089, and its
approved National Pollutant Discharge Elimination System permit
issued pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251
et seq.).
(b) (1) The fees collected may be used to pay for those programs
with a relationship or benefit to the motor vehicles that are paying
the fee.
(2) Prior to imposing the fee, the board of the association shall
make a finding of fact by a 2/3 vote that those programs bear a
relationship or benefit to the motor vehicles that will pay the fee.
(c) The purpose of the Congestion Management Program is to address
motor vehicle congestion.
(d) Only the stormwater pollution prevention programs that
directly address the negative impact on creeks, streams, bays, and
the ocean caused by motor vehicles and the infrastructure supporting
motor vehicle travel are eligible for funding.
(e) Not more than 5 percent of the fees distributed to the
City/County Association of Governments of San Mateo County shall be
used by the association for its administrative costs associated with
the program.
65089.13. Prior to the imposition of the fee by the City/County
Association of Governments of San Mateo County, a specific program
with performance measures and a budget shall first be developed and
adopted by the association at a noticed public hearing.
65089.14. The City/County Association of Governments of San Mateo
County shall have an independent audit performed on the program with
the review and report provided to the board at a noticed public
hearing.
65089.15. The City/County Association of Governments of San Mateo
County shall provide a report to the Legislature on the program by
July 1, 2006.
SEC. 2. Section 9250.5 is added to the Vehicle Code, to read:
9250.5. (a) The department shall, if requested by the City/County
Association of Governments of San Mateo County, collect the fee
imposed pursuant to Section 65089.11 of the Government Code upon the
registration or renewal of registration of any motor vehicle
registered in the county, except those vehicles that are expressly
exempted under this code from the payment of registration fees.
(b) The City/County Association of Governments of San Mateo County
shall pay for the initial setup and programming costs identified by
the Department of Motor Vehicles through a direct contract with the
department. Any direct contract payment by the City/County
Association of Governments of San Mateo County shall be repaid, with
no restriction on the funds, to the City/County Association of
Governments of San Mateo County as part of the initial revenues
distributed. Regular Department of Motor Vehicles collection costs
shall be in accordance with subdivision (c). These costs shall not
be counted against the 5-percent administration cost limit specified
in subdivision (e) of Section 65089.12.
(c) After deducting all costs incurred pursuant to this section,
the department shall distribute the revenues to the City/County
Association of Governments of San Mateo County.