BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                AB 30XXXX|
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                                 THIRD READING


          Bill No:  AB 30XXXX
          Author:   Assembly Budget Committee
          Amended:  7/23/09 in Senate
          Vote:     21

           
          WITHOUT REFERENCE TO COMMITTEE

           PRIOR VOTE NOT RELEVANT
           

           SUBJECT  :    Budget Act of 2009:  allocations of gas tax  
          funds

           SOURCE  :     Author


           DIGEST  :     Senate Floor Amendments  of 7/23/09 delete the  
          prior version of the bill expressing the intent of the  
          Legislature to enact statutory changes relating to the 2009  
          Budget Act.

          This bill now provides the necessary statutory changes in  
          the area of transportation in order to amend the 2009  
          Budget Act.

           ANALYSIS  :    This trailer bill relates to reallocation of  
          gas tax funding in the Highway Users Tax Account (HUTA) and  
          does the following:

          1.  Shifts local gas tax revenue to State bond debt  
             payments  .  Shifts $971 million in gasoline excise tax  
             revenue from cities and counties to the General Fund for  
                                                           CONTINUED





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             reimbursement of transportation-related  
             general-obligation bond payments.  In 2010-11, an  
             additional $750 million will be shifted for the same  
             purpose, but in 2011-12, and thereafter, the full  
             current-law allocation will be made to cities and  
             counties.  The amount shifted is within the limit set by  
             Article XIX of the Constitution, no more that 25 percent  
             of specified transportation revenue can be directed to  
             bond debt service.  This funding is in HUTA and will  
             otherwise fund local street and road projects.
          
          2.  Exemptions from the shift  .  Local cities and counties  
             may be exempted in 2009-10 from the shift under two  
             exemption provisions:

             A.    Small cities exemption, defined as those who  
                received the minimum Proposition 1B bond fund  
                allocation of $400,000 are exempted.  This  
                exemption reduces the General Fund benefit by about  
                $15 million.

             B.    Extreme hardship exemption, as determined by the  
                Director of Finance, an exemption may be provided  
                for cities and counties for bankruptcy or similar  
                extreme hardship.  

          3.  Declaratory Language  .  Declares that the redistribution  
             of revenue in this act represents another basis for an  
             equitable, geographical, and jurisdictional distribution  
             of gasoline excise tax funds.  The Legislature finds and  
             declares that this new allocation will give equal  
             consideration to the transportation needs of all areas  
             of the State and all segments of the population  
             consistent with the orderly achievement of the adopted  
             local, regional, and statewide goals for ground  
             transportation in local general plans, regional  
             transportation plans, and the California transportation  
             plan.  Specifies how specific components of the new  
             allocation are consistent with these declarations.   
             Article XIX, Section 4, of the Constitution requires  
             that any new allocation of fuel taxes achieves these  
             goals.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    







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          Local:  No




          DLW:do  7/23/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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