BILL NUMBER: SB 445 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2008
AMENDED IN ASSEMBLY APRIL 28, 2008
AMENDED IN ASSEMBLY MARCH 6, 2008
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 8, 2007
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE APRIL 17, 2007
AMENDED IN SENATE MARCH 26, 2007
INTRODUCED BY Senator Torlakson
FEBRUARY 21, 2007
An act to add Article 7 (commencing with Section 9820) to Chapter
6 of Division 3 of the Vehicle Code, relating to
transportation greenhouse gas mitigation .
LEGISLATIVE COUNSEL'S DIGEST
SB 445, as amended, Torlakson. Greenhouse gas mitigation fee.
Existing law provides various sources of revenue to fund
transportation operations and capital improvements, including certain
revenues derived from fees or taxes imposed at the local or regional
level at the option of the administering agency.
This bill would authorize specified regional transportation
agencies to impose a greenhouse gas mitigation fee. The fee would
either be a registration fee on vehicles subject to registration
within the jurisdiction of the agency implementing the fee, or a fee
on motor vehicle fuel, not to exceed $0.10 per gallon, that is sold
within the agency's jurisdiction. The bill would require the fee to
be implemented pursuant to a plan, which would be required to contain
an expenditure plan describing specified transportation
greenhouse gas mitigation projects and programs
to be funded from fee revenues. The fee would be subject to majority
approval of the governing board of the implementing agency and
majority voter approval of a ballot measure
containing the expenditure plan and the proposed fee in the
jurisdiction where the fee is to be imposed. The fee would be
collected by the Department of Motor Vehicles or by another
appropriate agency, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) An efficient transportation system is critical for California'
s economy and quality of life.
(b) Per-gallon taxes on gasoline and diesel fuel and truck weight
fees are the dominant sources of funding for highway system
maintenance and expansion.
(c) The revenues currently available for state highways and local
roads are inadequate to preserve and maintain existing infrastructure
and to provide funds for improvements that would reduce congestion
and improve mobility.
(d) State transit programs, including the State Transit Assistance
program that funds local transit services, as well as the state's
own intercity rail program, are directly dependent on the Public
Transportation Account, which derives revenues from sales taxes on
gasoline and diesel fuel. The revenues available for these programs
are also inadequate to preserve and maintain existing transit
infrastructure and to sustain current levels of transit operations
that both reduce congestion and serve the nonmotoring public.
(e) Increased vehicle fuel efficiency provides valuable energy
conservation and environmental benefits. However, per-gallon fuel
taxes will steadily generate less revenue as vehicles become more
fuel efficient and alternative sources of fuel are identified.
Declining revenues per vehicle mile traveled, coupled with inflation
and increasing construction costs, cause this revenue source to fall
short of meeting the state's transportation revenue needs.
(f) Between 1994, when fuel taxes were last adjusted, and 2006,
travel on the state highway system increased by 27 percent, from
144.2 billion to 183.4 billion vehicle miles traveled. Similarly,
travel on the local street and road system over the same period
increased by 12 percent, from 127.6 billion to 143 billion vehicle
miles traveled. Collectively, both the state and local systems
support nearly 20 percent more traffic today than just 12 years ago.
(g) Thus, the trend is not favorable and, over time, the
per-gallon fuel tax will become a less effective mechanism for
meeting California's long-term transportation needs.
SEC. 2. Article 7 (commencing with Section 9820) is added to
Chapter 6 of Division 3 of the Vehicle Code, to read:
Article 7. Greenhouse Gas Mitigation Fee
9820. As used in this article,"regional transportation agency"
means a transportation planning agency designated pursuant to Section
29532 of the Government Code, an agency designated to submit a
county transportation plan pursuant to Section 66531 of the
Government Code, and, in an area with a county transportation
commission or authority created pursuant to Division 12 (commencing
with Section 130000) of the Public Utilities Commission, that
commission or authority.
9821. (a) (1) Subject to majority voter
approval pursuant to Section 9824, a regional transportation agency
may adopt a greenhouse gas mitigation and funding fee plan for
transportation and other purposes. The fee imposed
pursuant to the plan shall be imposed on each vehicle subject to
registration under this code within the jurisdiction of the
implementing agency. An implementing agency may impose the fee in a
manner that varies depending on the gross vehicle weight rating of
the vehicle, or the miles per gallon rating of the vehicle, or both,
and if it does so, the agency shall consult with the department and
other appropriate state or federal agencies for applicable data to
determine the appropriate amount of the fee for each vehicle
classification. In the case of an area with more than one regional
transportation agency serving the same jurisdiction, in whole or in
part, the fee authorized by this article may only be imposed in that
area to the extent that a fee authorized by this article has not
previously been imposed.
(2) As an alternative to the vehicle registration fee described in
paragraph (1), an implementing agency may opt to impose the
greenhouse gas mitigation and funding fee authorized by this article
in the form of a fee on motor vehicle fuels sold in the implementing
agency's jurisdiction. The rate of the fee on motor vehicle fuels
shall be established by the authority, not to exceed 10 cents ($0.10)
per gallon. As used in this paragraph, "motor vehicle" does not
include aircraft.
(b) The greenhouse gas mitigation and funding fee plan shall
include an expenditure plan describing the specific projects and
programs that will be eligible for funding from revenue from the fee.
Not more than 2 percent of the revenues from the fee shall be used
to administer the fee and the projects and programs funded by fee
revenues.
(c) The department shall collect the vehicle registration fee
described in paragraph (1) of subdivision (a) in the same manner as
all other vehicle registration fees, and shall be reimbursed for its
collection costs. If the implementing agency opts to impose a motor
vehicle fuel fee pursuant to paragraph (2) of subdivision (a), the
implementing agency shall contract with an appropriate agency for
purposes of collection of that fee, with that agency to be reimbursed
from fee revenues for its collection costs. Fee revenues shall be
deposited in a greenhouse gas mitigation and funding fee plan fund to
be created by each implementing agency. Revenues deposited in the
fund shall be available to the agency to fund projects and programs
that advance the goals of the expenditure plan.
9822. Net fee revenues shall be used to fund
transportation greenhouse gas mitigation
projects and programs, including, but not limited to, the following:
(a) Public transit projects and programs.
(b) Congestion management projects and programs.
(c) Road maintenance and construction.
(d) Grants or other funding for educational institutions to
research ways to reduce greenhouse gas emissions attributed to motor
vehicles.
(e) Conservation incentives for vehicle owners, including rebates
for the most fuel-efficient motor vehicles.
(f) Transit-oriented development.
(g) Career technical education classes for high schools and
community colleges to train students for green collar jobs that
support development and implementation of technologies to reduce
greenhouse gases related to transportation.
(h) Green building retrofits and new construction.
9823. To impose the fee authorized by this article, both of the
following shall be required:
(a) The expenditure plan and the proposed fee are approved by a
majority vote of the board of the implementing agency.
(b) A majority of the The voters in
the jurisdiction of the implementing agency approve a ballot measure
containing the expenditure plan and the proposed fee pursuant to
Section 9824.
9824. The implementing agency may call a special election for the
purposes of subdivision (b) of Section 9823. The election shall be
consolidated with a statewide primary or general election specified
by the agency.