Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 877


Introduced by Assembly Member Chu

February 26, 2015


An act to amend Sectionbegin delete 11007.1end deletebegin insert 14502end insert of the Government Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 877, as amended, Chu. begin deleteTransportation: property acquisition. end deletebegin insertTransportation.end insert

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Existing law creates the California Transportation Commission, with specified powers and duties relating to allocation of transportation capital funds through the state transportation improvement program process and various other responsibilities. Existing law provides for a commission of 13 members, composed of 9 members appointed by the Governor with the advice and consent of the Senate, one member appointed by the Speaker of the Assembly, one member appointed by the Senate Committee on Rules, and, as ex officio nonvoting members, one Member of the Assembly and one Member of the Senate.

end insert
begin insert

This bill would expand the commission to 15 members, with one additional Member of the Assembly and one additional Member of the Senate as ex officio nonvoting members.

end insert
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Existing law provides various sources of funding for transportation purposes, including the state highway system and local street and road systems. These funding sources include, among others, fuel excise taxes, vehicle weight fees, local transactions and use taxes, and federal funds.

end insert
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This bill would state findings and declarations and the intent of the Legislature to enact legislation to find a funding stream to supplement the fuel excise tax for transportation infrastructure projects in California.

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Existing law provides that when the Department of Transportation or the High-Speed Rail Authority acquires title to real property for highway or high-speed rail purposes, as specified, and leases that property for commercial or business uses to the former owner for a term exceeding 6 months, the department or authority, as the case may be, may secure fire insurance for the property if the former owner requests the coverage and the premium is included in the rental agreed to be paid.

end delete
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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares as follows:

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begin insert

2(a) The state needs more funding to invest in road systems, but
3the current financing methods are insufficient for the magnitude
4of work. In comparison to other states, the Federal Highway
5Administration found that California ranks 48th in rural interstate
6conditions and 49th in the condition of urban interstates.

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begin insert

7(b) California receives a large portion of its transportation
8funding from a gasoline excise tax. In recent years, the revenues
9from this excise tax have decreased. Even though the revenues
10have decreased, the excise tax has stayed the same, creating a
11deficit in funding available for transportation infrastructure
12projects.

end insert
begin insert

13(c) Therefore, it is the intent of the Legislature to enact
14legislation to find a funding stream to supplement the expected
15drop in the fuel excise tax for transportation infrastructure projects
16in California. One possibility would be to create a surcharge to
17be paid by people who drive on the roads, highways, and bridges
18that will be needing repair. It is the intent of the Legislature, if it
19enacts such legislation, to ensure that such a surcharge would be
20fair to all drivers. It is the further intent of the Legislature to
21explore creating a two-tiered system, which would provide that a
22person who drives a car made in 2005 or before would pay a lesser
23surcharge than a person who drives a newer vehicle, and would
P3    1continue to pay the lesser surcharge if he or she purchases a newer,
2more fuel-efficient vehicle.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 14502 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

14502.  

The commission consists ofbegin delete 13end deletebegin insert 15end insert members appointed
6as follows:

7(a) Nine members shall be appointed by the Governor with the
8advice and consent of the Senate. One member shall be appointed
9by the Speaker of the Assembly and one member shall be appointed
10by the Senate Committee on Rules, with neither of these members
11subject to confirmation by the Senate. A member appointed
12pursuant to this subdivision shall not simultaneously hold an
13elected public office, or serve on any local or regional public board
14or commission with business before the commission.

15(b) begin deleteOne Member end deletebegin insertTwo Members end insertof the Senate appointed by the
16Senate Committee on Rules andbegin delete one Memberend deletebegin insert two Membersend insert of the
17Assembly appointed by the Speaker of the Assembly shall be ex
18officio members without vote and shall participate in the activities
19of the commission to the extent that such participation is not
20incompatible with their positions as Members of the Legislature.

21(c) Notwithstanding any other provision of law, a voting member
22of the commission may serve on the High-Speed Rail Authority
23as established in Division 19.5 (commencing with Section 185000)
24of the Public Utilities Code.

begin delete
25

SECTION 1.  

Section 11007.1 of the Government Code is
26amended to read:

27

11007.1.  

(a) The Department of Transportation, when it has
28acquired title to any real property for highway purposes and leases
29that property for commercial or business uses to the former owner
30for a term exceeding six months, may secure insurance against the
31risk of damage or destruction by fire if the former owner requests
32this coverage and the premium therefor is included in the rental
33agreed to be paid.

34(b) The High-Speed Rail Authority, when it has acquired title
35to any real property for high-speed rail purposes and leases that
36property for commercial or business uses to the former owner for
37a term exceeding six months, may secure insurance against the
38risk of damage or destruction by fire if the former owner requests
39this coverage and the premium therefor is included in the rental
40agreed to be paid.

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