BILL NUMBER: AB 2558 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY APRIL 23, 2008
AMENDED IN ASSEMBLY APRIL 21, 2008
INTRODUCED BY Assembly Members Feuer , Huffman, and
Levine
FEBRUARY 22, 2008
An act to add Sections 66538, 66538.1, and 66538.2 to the
Government Code, to add Article 6.5 (commencing with Section
130356) to Chapter 4 of Division 12 of the Public Utilities Code,
and to repeal Chapter 12 (commencing with Section 8500) of Part
2 of Division 2 of the Revenue and Taxation Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2558, as amended, Feuer. Los Angeles County Metropolitan
Transportation Authority: Metropolitan Transportation
Commission: climate change mitigation and adaptation fee.
Existing law creates the Los Angeles County Metropolitan
Transportation Authority, with specified powers and duties relative
to transportation planning, programming, and operations in the County
of Los Angeles. Existing law creates the Metropolitan
Transportation Commission, with specified powers and duties relative
to transportation planning and programming in the Bay Area.
This bill would authorize the authority and the commission
to impose a climate change mitigation and adaptation fee in
the County of Los Angeles their respective
jurisdictions , subject to approval of an ordinance by a
majority of the applicable governing board of the
authority and majority voter approval of a ballot measure
containing the fee and an expenditure plan, to appear on the ballot
no later than November 6, 2012. The bill would specify 2 alternative
options for imposing the fee, which would be either a motor vehicle
fuel tax fee or a vehicle fee, subject
to specified maximum amounts. Revenues from the fee would be used for
public transit and congestion management projects and programs, with
capital projects subject to a requirement that they be able to begin
construction by December 31, 2018. The fee would be implemented for
a period not to exceed 30 years.
Existing law authorizes the Metropolitan Transportation Commission
to impose a motor vehicle fuel tax within its jurisdiction.
This bill would repeal this authorization.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66538 is added to the
Government Code , to read:
66538. (a) Subject to approval of an ordinance pursuant to
Section 66538.1 and majority voter approval pursuant to Section
66538.2, the Metropolitan Transportation Commission may impose a
regionwide climate change mitigation and adaptation fee within the
Bay Area region. As used in this section, "Bay Area region" means the
area within the jurisdiction of the commission, as defined in
Section 66502.
The fee shall be in addition to any other levies that the
commission is authorized to impose. The fee may be implemented for a
period not to exceed 30 years. In implementing the fee, the
commission shall utilize one of the following mechanisms:
(1) A fee on all motor vehicle fuels sold in the Bay Area region.
As used in this paragraph, "motor vehicle" does not include aircraft.
The fee shall be established by the commission at a rate determined
by the commission, but not to exceed 3 percent of the retail sales
price of motor vehicle fuel.
(2) An annual per-vehicle fee for each vehicle registered in the
Bay Area region that would vary based on the emissions produced by
the vehicle. If the commission imposes the fee under this mechanism,
the commission shall consult with the Department of Motor Vehicles
and other appropriate state or federal agencies for applicable data
to determine the amount of the fee for each vehicle. The rate of the
fee shall not exceed ninety dollars ($90). A registered owner of a
vehicle who meets the eligibility requirements for assistance
programs under Chapter 2 (commencing with Section 11200) or Chapter 3
(commencing with Section 12000) of Part 3 of, Part 5 (commencing
with Section 17000) of, or Chapter 10 (commencing with Section
18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3
(commencing with Section 18937) of Part 6 of, Division 9 of, the
Welfare and Institutions Code shall be exempt from the payment of any
fee imposed pursuant to this paragraph.
(b) As part of the ordinance under Section 66538.1, the commission
shall adopt a climate change mitigation and adaptation expenditure
plan. The expenditure plan shall describe the specific projects and
programs that would be eligible for the revenues from the fee,
consistent with subdivision (e). The expenditure plan shall also
describe funds other than revenues from the fee that the commission
anticipates will be expended on those projects and programs, and a
schedule for anticipated availability of funds for the projects and
programs.
(c) The commission shall use no more than 2 percent of fee
revenues to administer the fee and the projects and programs funded
by fee revenues.
(d) Fee revenues shall be deposited in the Climate Change
Mitigation and Adaptation Fund, to be created by the commission.
Revenues in the fund shall be available to the commission to fund
projects and programs that advance the goals of the expenditure plan.
Fee revenues may be used in conjunction with other funds available
to the commission for these purposes.
(e) (1) Net fee revenues, after administrative costs as described
in subdivision (c), shall be used to fund both of the following:
(A) Public transit projects and programs.
(B) Congestion management projects and programs.
(2) A minimum of two-thirds of net fee revenues shall be used for
the purposes in subparagraph (A) of paragraph (1).
(3) A capital project listed in the expenditure plan to be
approved by the voters pursuant to Section 66538.2 must be able to
begin construction no later than December 31, 2018. A capital project
that is not able to comply with this requirement shall not be funded
from fee revenues.
(f) The commission may issue bonds payable from fee revenues.
Proceeds from the bonds shall be used for the purposes in subdivision
(e).
SEC. 2. Section 66538.1 is added to the
Government Code , to read:
66538.1. To impose the fee authorized under Section 66538, both
of the following shall be required:
(a) An ordinance proposing the fee and the expenditure plan and
submitting the fee and the expenditure plan to the voters for
approval is approved by a majority vote of the membership of the
commission.
(b) A majority of the voters in the Bay Area region approve a
ballot measure pursuant to Section 66538.2.
SEC. 3. Section 66538.2 is added to the
Government Code , to read:
66538.2. The commission may call a special election, to occur no
later than November 6, 2012, for the purposes of submitting the
ordinance containing the fee and the expenditure plan described in
Section 66538.1 to the voters of each county in the Bay Area region.
The election shall be consolidated with a statewide primary or
general election specified by the commission.
SECTION 1. SEC. 4. Article 6.5
(commencing with Section 130356) is added to Chapter 4 of Division 12
of the Public Utilities Code, to read:
Article 6.5. CLIMATE CHANGE MITIGATION AND ADAPTATION FEE
130356. (a) Subject to approval of an ordinance pursuant to
Section 130357 and majority voter approval pursuant to Section
130358, the Los Angeles County Metropolitan Transportation Authority
may impose a countywide climate change mitigation and adaptation fee.
The fee shall be in addition to any other levies that the authority
is authorized to impose. The fee may be implemented for a period not
to exceed 30 years. In implementing the fee, the authority shall
utilize one of the following mechanisms:
(1) A fee on all motor vehicle fuels sold in the County of Los
Angeles. As used in this paragraph, "motor vehicle" does not include
aircraft. The fee shall be established by the authority at a rate
determined by the authority, but not to exceed 3 percent of the
retail sales price of motor vehicle fuel.
(2) An annual per-vehicle fee for each vehicle registered in the
County of Los Angeles that would vary based on the emissions produced
by the vehicle. If the authority imposes the fee under this
mechanism, the authority shall consult with the Department of Motor
Vehicles and other appropriate state or federal agencies for
applicable data to determine the amount of the fee for each vehicle.
The rate of the fee shall not exceed ninety dollars ($90). A
registered owner of a vehicle who meets the eligibility requirements
for assistance programs under Chapter 2 (commencing with Section
11200) or Chapter 3 (commencing with Section 12000) of Part 3 of,
Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing
with Section 18900), Chapter 10.1 (commencing with Section 18930), or
Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division
9 of, the Welfare and Institutions Code shall be exempt from the
payment of any fee imposed pursuant to this paragraph.
(b) As part of the ordinance under Section 130357, the authority
shall adopt a climate change mitigation and adaptation expenditure
plan. The expenditure plan shall describe the specific projects and
programs that would be eligible for the revenues from the fee,
consistent with subdivision (e). The expenditure plan shall also
describe funds other than revenues from the fee that the authority
anticipates will be expended on those projects and programs, and a
schedule for anticipated availability of funds for the projects and
programs.
(c) The authority shall use no more than 2 percent of fee revenues
to administer the fee and the projects and programs funded by fee
revenues.
(d) Fee revenues shall be deposited in the Climate Change
Mitigation and Adaptation Fund, to be created by the authority.
Revenues in the fund shall be available to the authority to fund
projects and programs that advance the goals of the expenditure plan.
Fee revenues may be used in conjunction with other funds available
to the authority for these purposes. The authority may distribute a
portion of revenues through a competitive grant program for the
county and cities within the jurisdiction of the authority through
the authority's existing call for projects program.
(e) (1) Net fee revenues, after administrative costs as described
in subdivision (c), shall be used to fund both of the following:
(A) Public transit projects and programs.
(B) Congestion management projects and programs.
(2) A minimum of two-thirds of net fee revenues shall be used for
the purposes in subparagraph (A) of paragraph (1).
(3) A capital project listed in the expenditure plan to be
approved by the voters pursuant to Section 130357 must be able to
begin construction no later than December 31, 2018. A capital project
that is not able to comply with this requirement shall not be funded
from fee revenues.
(f) The authority may issue bonds payable from fee revenues.
Proceeds from the bonds shall be used for the purposes in subdivision
(e).
130357. To impose the fee authorized under this article, both of
the following shall be required:
(a) An ordinance proposing the fee and the expenditure plan and
submitting the fee and the expenditure plan to the voters for
approval is approved by a majority vote of the board.
(b) A majority of the voters in the County of Los Angeles approve
a ballot measure pursuant to Section 130358.
130358. The authority may call a special election, to occur no
later than November 6, 2012, for the purposes of submitting the
ordinance containing the fee and the expenditure plan to the voters
of the County of Los Angeles. The election shall be consolidated with
a statewide primary or general election specified by the authority.
SEC. 5. Chapter 12 (commencing with Section 8500)
of Part 2 of Division 2 of the Revenue and Taxation Code
is repealed.