BILL NUMBER: AB 418 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE SEPTEMBER 5, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Members Mullin and Eggman
FEBRUARY 15, 2013
An act relating to electric vehicles, and making an
appropriation therefor. to add the heading of Article
1 (commencing with Section 65089.11) to Chapter 2.65 of, and to add
Article 2 (commencing with Section 65089.50) to Chapter 2.65 of,
Division 1 of Title 7 of, the Government Code, relating to local
government, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 418, as amended, Mullin. Electric vehicles.
Local government: special tax, assessment, or property-related
fee.
Existing law, until January 1, 2013, authorized the City/County
Association of Governments of San Mateo County to impose a 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.
This bill would authorize the City/County Association of
Governments of San Mateo County, in accordance with specified
provisions of the California Constitution, to impose a parcel tax or
a property-related fee for the purpose of implementing stormwater
management programs, as prescribed.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law establishes the Air Quality Improvement Program that
is administered by the State Air Resources Board for the purposes of
funding projects related to, among other things, reduction of
criteria air pollutants and improvement of air quality. Existing law
requires, until January 1, 2016, that a portion of the registration
fees for motor vehicles and vessels be deposited into the Air Quality
Improvement Fund and, upon appropriation, be expended for the
implementation of the program. Pursuant to the Air Quality
Improvement Program, the state board has established the Clean
Vehicle Rebate Project to promote the production and use of
zero-emission vehicles and the Hybrid and Zero-Emission Truck and Bus
Voucher Incentive Project to provide vouchers to help California
fleets to purchase hybrid and zero-emission trucks and buses.
Existing law establishes the Vehicle Inspection and Repair Fund,
which serves as a repository for fees collected by the Department of
Consumer Affairs pursuant to the Automotive Repair Act.
This bill would require the Controller, upon the order of the
Director of Finance, to transfer, as a loan, $30,000,000 from the
Vehicle Inspection and Repair Fund to the Air Quality Improvement
Fund. The bill would appropriate to the state board $30,000,000 from
the Air Quality Improvement Fund for the Clean Vehicle Rebate Project
and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive
Project, thereby making an appropriation.
Vote: majority 2/3 . Appropriation:
yes no . Fiscal committee: yes
no . 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) The County of San Mateo and each of the 20 incorporated cities
within this county have joined together to form the 21-member
City/County Association of Governments of San Mateo County, a joint
powers agency that addresses issues of countywide significance,
including water pollution prevention programs.
(b) Each of the 21-member agencies of the City/County Association
of Governments of San Mateo County is mandated to comply with
municipal stormwater permit requirements issued by the San Francisco
Bay Regional Water Quality Control Board.
(c) The City/County Association of Governments of San Mateo County
helps coordinate municipal stormwater permit compliance activities
among its member agencies and, in cases where compliance activities
are more effectively implemented at a countywide level, does so on
their behalf as directed by its member agencies.
(d) The addition of Section 65089.50 to the Government Code will
better enable the City/County Association of Governments of San Mateo
County to do, among other things, all of the following:
(1) In conjunction with its member agencies, protect the natural
resources within the County of San Mateo and restore and enhance the
environment, including the long-term protection of the waters of
local creeks, the San Francisco Bay, and the coastline along the
Pacific Ocean.
(2) Develop and adopt a countywide stormwater management program
designed to coordinate, fund, and implement water pollution
prevention programs within the County of San Mateo, by the
City/County Association of Governments of San Mateo County or its
member agencies.
(3) Impose, consistent with and pursuant to the California
Constitution, a special tax or property-related fee within its
boundaries to fund activities outlined in its joint powers agreement
and consistent with municipal stormwater permit requirements mandated
by the San Francisco Bay Regional Water Quality Control Board.
SEC. 2. The heading of Article 1 (commencing with
Section 65089.11) is added to Chapter 2.65 of Division 1 of Title 7
of the Government Code , to read:
Article 1. Traffic Congestion and Stormwater Pollution
SEC. 3. Article 2 (commencing with Section
65089.50) is added to Chapter 2.65 of Division 1 of Title 7 of the
Government Code , to read:
Article 2. Stormwater Management
65089.50. (a) The City/County Association of Governments of San
Mateo County may impose either a special tax subject to the
procedures and requirements set forth in subdivision (d) of Section 2
of Article XIII C of the California Constitution, or a
property-related fee subject to the procedures and requirements set
forth in subdivisions (a), (b), and (c) of Section 6 of Article XIII
D of the California Constitution, for the purposes of implementing
stormwater management programs consistent with the agencies' joint
powers agreement.
(b) The special tax or property-related fee, at the option of the
City/County Association of Governments of San Mateo County, may be
collected on the tax rolls of the county in the same manner, by the
same persons, subject to the same penalties, and at the same time as,
together with and not separate from, county ad valorem property
taxes. In that event, from the amount collected pursuant to this
paragraph, the county auditor may deduct that amount required to
reimburse the county for its actual cost of collection.
SEC. 4. The Legislature finds and declares that,
because of the unique circumstances applicable only to the
City/County Association of Governments of San Mateo County an
existing joint powers agency composed of the county and every city
and town within the county that coordinates and provides stormwater
permit compliance activities, a statute of general application cannot
be enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution. Therefore, this special
statute is necessary.
SEC. 5. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to timely provide for the protection the water of local
creeks, the San Francisco Bay, and the coastline for the use and
enjoyment of the citizens of San Mateo and aquatic life, it is
necessary that this act take effect immediately.
SECTION 1. (a) The sum of thirty million
dollars ($30,000,000) is hereby appropriated from the Air Quality
Improvement Fund to the State Air Resources Board for the Clean
Vehicle Rebate Project and Hybrid and Zero-Emission Truck and Bus
Voucher Incentive Project established pursuant to Article 3
(commencing with Section 44274) of Chapter 8.9 of Part 5 of Division
26 of the Health and Safety Code.
(b) Upon the order of the Director of Finance, the sum of thirty
million dollars ($30,000,000) shall be transferred by the Controller,
as a loan from the Vehicle Inspection and Repair Fund to the Air
Quality Improvement Fund. No later than June 30, 2016, the loan shall
be repaid with interest at the rate earned by the Pooled Money
Investment Account at the time of the transfer.