BILL NUMBER: AB 2514 CHAPTERED 09/15/04 CHAPTER 540 FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2004 APPROVED BY GOVERNOR SEPTEMBER 15, 2004 PASSED THE ASSEMBLY AUGUST 26, 2004 PASSED THE SENATE AUGUST 25, 2004 AMENDED IN SENATE AUGUST 19, 2004 AMENDED IN SENATE JULY 1, 2004 AMENDED IN SENATE JUNE 14, 2004 AMENDED IN ASSEMBLY MAY 20, 2004 AMENDED IN ASSEMBLY MAY 12, 2004 AMENDED IN ASSEMBLY MAY 3, 2004 INTRODUCED BY Committee on Natural Resources (Jackson (Chair), Hancock, Koretz, Laird, Lieber, Lowenthal, and Wolk) (Principal coauthor: Assembly Member Oropeza) FEBRUARY 20, 2004 An act to amend Section 21193 of, and to add Sections 21190.5 and 21193.5 to, the Public Resources Code, and to amend Sections 5106 and 5108 of, and to add Section 5112 to, the Vehicle Code, relating to natural resources. LEGISLATIVE COUNSEL'S DIGEST AB 2514, Committee on Natural Resources. Natural resources: California Environmental License Plate Fund: California Environmental Protection Program. (1) Existing law authorizes the issuance of environmental license plates, as defined, for vehicles, upon application and upon payment of certain fees. All revenue derived from the fees for issuance, renewal, retention, or transfer of the plates is required to be deposited in the California Environmental License Plate Fund in the State Treasury. Upon appropriation, after deduction for certain expenditures of the Department of Motor Vehicles, among other things, the money in the fund is available for appropriation for the purposes and uses of the California Environmental Protection Program. This bill would increase the fees for renewal and transfer of the environmental license plates. The bill would authorize the revenue in the fund to be expended, upon appropriation by the Legislature, pursuant to the California Ocean Protection Act, if that act is enacted during the 2003-04 Regular Session. The bill would require the department to revise its Internet Web site to provide a direct link on the homepage to information on ordering environmental license plates. The bill would authorize the department to provide links on its Internet Web site to other Internet Web sites that have information regarding the protection and management of ocean and coastal resources and other programs that are supported with funds from the Environmental License Plate Fund. The bill would require the department, when existing supplies of forms, publications, and signs have been depleted, or if those forms, publications, and signs are required to be revised in the normal course of operations, to include in the replenishing supplies or the revised forms, publications, and signs, information regarding environmental license plates and the procedures for applying for those plates. This provision would apply only to forms, publications, and signs, that advertise, facilitate the application for, or are an application for environmental license plates. (2) Existing law provides that the California Environmental Protection Program is administered by the Secretary of the Resources Agency. Existing law requires the secretary to periodically review projects subsequent to their funding under the program and report thereon to the Governor and the Legislature. This bill would instead require that the section of the Governor's Budget for the California Environmental Protection Program include a display of expenditures that includes a statement of the purpose and benefits to be realized for each project or program proposed for funding. This bill would also require the secretary, concurrently with the submittal of the Governor's Budget for the 2006-07 fiscal year and every 3rd fiscal year thereafter, to report to the Governor and the Legislature on how the particular mix of funding sources, from the California Environmental License Plate Fund and other funds, is appropriate for each project or program in relationship to the benefits realized from the project or program. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21190.5 is added to the Public Resources Code, to read: 21190.5. (a) In addition to, and in furtherance of, the purposes specified in subdivisions (a), (b), (d), and (e) of Section 21190, money in the California Environmental License Plate Fund may be expended, upon appropriation by the Legislature, pursuant to the California Ocean Protection Act (Division 26.5 (commencing with Section 35500)). (b) This section shall become operative only if the California Ocean Protection Act is enacted during the 2003-04 Regular Session. SEC. 2. Section 21193 of the Public Resources Code is amended to read: 21193. (a) The program established by this division shall be administered by the Secretary of the Resources Agency. (b) On or before November 1 of each year, the secretary shall forward those projects and programs recommended for funding to the Governor for inclusion in the Governor's Budget, together with a statement of the purpose of each project and program, the benefits to be realized, and the secretary's comments thereon. (c) The section of the Governor's Budget for the California Environmental Protection Program shall include a display of expenditures that includes a statement of the purpose and benefits to be realized for each project or program proposed for funding. SEC. 3. Section 21193.5 is added to the Public Resources Code, to read: 21193.5. Concurrently with the submittal of the Governor's Budget for the 2006-07 fiscal year and every third fiscal year thereafter, the Secretary of the Resources Agency shall report to the Governor and the Legislature on how the particular mix of funding sources, from the California Environmental License Plate Fund and other funds, is appropriate for each project or program in relationship to the benefits realized from the project or program. SEC. 4. Section 5106 of the Vehicle Code is amended to read: 5106. (a) Except as provided in Section 5101.7, in addition to the regular registration fee or a permanent trailer identification fee, the applicant shall be charged a fee of forty dollars ($40) for issuance of environmental license plates. (b) In addition to the regular renewal fee or a permanent trailer identification fee for the vehicle to which the plates are assigned, the applicant for a renewal of environmental license plates shall be charged an additional fee of thirty dollars ($30). An applicant with a permanent trailer identification plate shall be charged an annual fee of thirty dollars ($30) for renewal of environmental license plates. However, applicants for renewal of prisoner-of-war special license plates issued under Section 5101.5 shall not be charged the additional renewal fee under this subdivision. (c) When payment of renewal fees is not required as specified in Section 4000, the holder of any environmental license plate may retain the plate upon payment of an annual fee of thirty dollars ($30). The fee shall be due at the expiration of the registration year of the vehicle to which the environmental license plate was last assigned. However, applicants for retention of prisoner-of-war special license plates issued under Section 5101.5 shall not be charged the additional retention fee under this subdivision. (d) Notwithstanding Section 9265, the applicant for a duplicate environmental license plate or a duplicate, replacement commemorative 1984 Olympic reflectorized license plate shall be charged a fee of thirty dollars ($30). SEC. 5. Section 5108 of the Vehicle Code is amended to read: 5108. Whenever any person who has been issued environmental license plates applies to the department for transfer of the plates to another passenger vehicle, commercial motor vehicle, trailer, or semitrailer a transfer fee of thirty dollars ($30) shall be charged in addition to all other appropriate fees. SEC. 6. Section 5112 is added to the Vehicle Code, to read: 5112. (a) The department shall revise its Internet Web site to provide a direct link on the homepage to information on ordering environmental license plates. (b) The department may provide links on its Internet Web site to other Internet Web sites that have information regarding the protection and management of ocean and coastal resources and other programs that are supported with funds from the Environmental License Plate Fund. (c) When existing supplies of forms, publications, and signs have been depleted, or if those forms, publications, and signs are required to be revised in the normal course of operations, the department shall include in the replenishing supplies or the revised forms, publications, and signs, information regarding environmental license plates and the procedures for applying for those plates. This subdivision applies only to forms, publications, and signs, that advertise, facilitate the application for, or are an application for environmental license plates.