BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair SB 1183 (DeSaulnier) - Vehicles: registration surcharge for bicycle infrastructure. Amended: April 21, 2014 Policy Vote: T&H 6-4 Urgency: No Mandate: No Hearing Date: May 23, 2014 Consultant: Mark McKenzie SUSPENSE FILE. AS AMENDED. Bill Summary: SB 1183 would authorize a city, county, or regional park district to impose a vehicle registration surcharge of up to $5 on vehicles registered in its jurisdiction to fund local bicycle infrastructure and maintenance. Fiscal Impact: (As approved May 23, 2014) Estimated one-time costs to the Department of Motor Vehicles (DMV) in the range of $150,000 to $200,000 for programming and startup costs to implement a new fee collection protocol. These costs would be reimbursed in arrears from fees collected. All ongoing DMV costs would be deducted from fees collected prior to distribution to the local agency imposing the surcharge. (Motor Vehicle Account) Additional DMV programming costs of approximately $40,000 for each subsequent jurisdiction that imposes the surcharge. All ongoing administrative collection costs would be deducted from fees collected prior to distribution. (Motor Vehicle Account) Unknown revenue gains on the local level, potentially in the millions annually, depending on the amount of the surcharge adopted and the number of registered vehicles in a particular jurisdiction in which a surcharge is approved by the voters. Background: Existing law establishes a basic vehicle registration fee of $46, plus a $23 surcharge for additional personnel for the California Highway Patrol. Existing law also authorizes local agencies to impose separate vehicle registration fees and surcharges in their respective SB 1183 (DeSaulnier) Page 1 jurisdictions for a variety of special programs, including up to $2 for programs to address vehicle thefts, up to $19 to mitigate vehicular air emissions, and $1 to abate abandoned vehicles. Article XIIIC of the California Constitution authorizes local agencies to impose a special tax with two-thirds voter approval. Proposed Law: SB 1183 would authorize cities, counties, and regional parks districts to impose a surcharge of up to $5 on motor vehicles registered within their respective jurisdictions. The amount of the surcharge would be specified in an ordinance adopted by the local agency, and DMV would administer the collection of fees and distribution of net revenues to the local agency, after deduction collection costs. The bill requires net revenues to be used for improvements to paved and natural surface trails, including the rehabilitation, restoration, and expansion of existing trails, the development of new trails, and the maintenance and upkeep of existing local and regional trail systems and networks. Staff Comments: DMV currently collects fees for local districts and counties to fund numerous vehicle-related programs, such as the following: Service Authority for Freeway Emergencies (SAFE), which funds roadside callbox programs. Air quality fees imposed by air quality management districts that fund planning, monitoring, and enforcement actions related to vehicular air pollution. Auto theft deterrence fees imposed by counties to fund programs to deter vehicle theft. Abandoned vehicle abatement fees imposed by local agencies to create service authorities for the removal and disposal of abandoned vehicles. Fingerprinting fees imposed by local agencies to provide local law enforcement with automated mobile and fixed location fingerprint identification of individuals involved in DUI violations, vehicular manslaughter, and other crimes committed while operating a motor vehicle. The nexus between those who would pay a bicycle infrastructure surcharge on their vehicle registration and the bicyclists who are primary beneficiaries of the revenues may be questionable to some. Others may argue that providing additional funding for SB 1183 (DeSaulnier) Page 2 bicycle infrastructure creates safer streets that benefit all users of the road, which is an important tenant of "complete streets" planning. Staff notes that AB 1183 specifies that the vehicle registration surcharge authorized by this bill would be a special tax subject to submittal to the electorate and approval by a two-thirds vote, pursuant to Article XIII C of the California Constitution. There are no nexus requirements for a special tax. Author amendments would do the following: Clarify that the proposed vehicle surcharge is subject to two-thirds voter approval in the jurisdiction in which it is imposed. Clarify that net surcharge revenues may be used for both trails and bikeways. Authorize net surcharge revenues to be used for improvement and development of other bicycle facilities, including bicycle parking facilities. Limit local agency administrative expenses to a maximum of 5 percent of net revenues.