BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 16             Hearing Date:    4/28/2015
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          |Author:   |Beall                                                 |
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          |Version:  |4/15/2015                                             |
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          |Urgency:  |Yes                    |Fiscal:      |Yes             |
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          |Consultant|Randy Chinn                                           |
          |:         |                                                      |
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          SUBJECT:  Transportation funding


            DIGEST:  This bill increases several taxes and fees to raise  
          roughly $3.5 billion in new transportation revenues annually for  
          five years with the funding primarily used to address deferred  
          maintenance on the state highways and local streets and roads.

          ANALYSIS:
           
          1)The need
            The Governor, in his 2015 inaugural address, noted that the  
            state faces a
            $59 billion shortfall over the next 10 years to adequately  
            maintain the existing state highway system.  Local governments  
            have estimated the funding shortfall for maintaining existing  
            local streets, highways and bridges is $78 billion over the  
            same time period.

          2)Current taxes and fees
            Existing law imposes state taxes and fees related to  
            transportation as follows:

           Gasoline excise tax:  $0.36/gallon
           Diesel excise tax:  $0.11/gallon
           Diesel sales tax:   $0.27/gallon
           Vehicle license fee (VLF):  0.65% of market value
           Vehicle registration fee (VRF):  $43 per vehicle
                 Weight fees, for commercial vehicles only, up to a  
               maximum amount of $2,271








          SB 16 (Beall)                                          PageB of?
          

          1)How current taxes and fees are spent
            The details of how transportation taxes and fees are spent are  
            complicated and confusing.  In general, the gasoline and  
            diesel excise taxes are spent exclusively on road maintenance  
            and construction as provided for in the Constitution<1>,  
            vehicle license fees are spent on general fund obligations,  
            vehicle registration fees are spent on Department of Motor  
            Vehicles and California Highway Patrol operations, and weight  
            fees are spent on paying the debt service on transportation  
            bonds.

          2)Taxes and fees under this bill
            This bill increases taxes and fees, and creates new fees, over  
            time as follows:

           Gasoline excise tax:  $0.10/gallon
           Diesel excise tax:  $0.12/gallon
                 Vehicle license fee:  for non-commercial vehicles, 0.07%  
               each year so that the VLF is 1.00% by July 1, 2019
                 Vehicle registration fee:  $35 per vehicle plus an  
               additional $100 for zero-emission vehicles
                  
            The table below summarizes where the new funding comes from  
            and how much is forecast to be raised:


           ------------------------------------------------------------------------ 
          |                  | RATE  |PHASE |    ADDITIONAL REVENUE BY YEAR (in    |
          |                  |       |      |              millions)               |
           ------------------------------------------------------------------------ 
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |            |  INCREASE  |  IN (YRS)  |   YEAR 1   |   YEAR 2   |   YEAR 3   |   YEAR 4   |   YEAR 5   |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |Excise on   |          10|     1      | $    1,600 | $    1,460 | $    1,460 | $  1,460   | $  1,460   |
          |Gasoline    |            |            |            |            |            |            |            |
          |(in cents)  |            |            |            |            |            |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |VLF (in     |         35%|     5      | $          | $     448  | $          | $     896  | $  1,120   |
          |percent)    |            |            |224         |            |672         |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |VRF (in     |          35|     1      | $    1,000 | $    1,000 | $    1,000 | $  1,000   | $  1,000   |
          |dollars)    |            |            |            |            |            |            |            |


          ---------------------------
          <1> The Constitution also permits these taxes to be spent on the  
          construction and improvement of mass transit guideway systems.








          SB 16 (Beall)                                          PageC of?
          
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |Weight Fees |           0|     5      | $          | $          | $          | $        - | $        - |
          |(in         |            |            | -          | -          | -          |            |            |
          |millions)   |            |            |            |            |            |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |Annual ZEV  |         100|     1      | $          | $          | $          | $       20 | $      25  |
          |Fees (in    |            |            |10          |12          |15          |            |            |
          |dollars)    |            |            |            |            |            |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |Excise on   |          10|     1      | $          | $      260 | $          | $     260  | $    260   |
          |Diesel (in  |            |            |260         |            |260         |            |            |
          |cents)      |            |            |            |            |            |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |GF Loan     |            |     3      | $          | $      330 | $          | $          | $          |
          |Paybacks    |            |            |330         |            |340         |-           | -          |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |Diesel      |           2|     1      |$           |$        52 |$        52 |$     52    |$       52  |
          |Excise for  |            |            |52          |            |            |            |            |
          |Freight     |            |            |            |            |            |            |            |
          |------------+------------+------------+------------+------------+------------+------------+------------|
          |            |            |            |            |            |            |            |            |
           ------------------------------------------------------------------------------------------------------- 
           -------------------------------------------------------------------------------------------------------- 
          |              |  Total New   | $    3,476   | $    3,562   | $    3,799   | $ 3,688      | $ 3,917      |
          |              |   Revenue    |              |              |              |              |              |
           -------------------------------------------------------------------------------------------------------- 

          1)Where taxes and fees under this bill are spent

                 No effect on current taxes and fees. This bill does not  
               affect how existing gasoline excise taxes, diesel excise  
               taxes, VLF, and VRF are spent.  It only affects how the new  
               revenues raised by this bill are spent, with the exception  
               of the weight fees, as described below.

                 Most new funds spent on maintenance.  This bill creates  
               the Road Maintenance and Rehabilitation Program, which is  
               authorized for five years.  All funds raised by the tax and  
               fee increases in this bill are deposited into the Road  
               Maintenance and Rehabilitation Account (RMRA), which is  
               created within the State Transportation Fund, with the  
               exception of $0.02/gallon from the diesel excise tax  
               increase, as described below.  The RMRA funds shall be  
               spent on basic road maintenance and rehabilitation and  
               critical safety projects.









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                 Weight fees spent on transportation purposes.  Since  
               2010 truck weight fees, which are intended to compensate  
               for the damage done to the roads by heavier vehicles,  
               support the General Fund by paying the debt service costs  
               of transportation bonds.  This bill redirects the truck  
               weight fees to the RMRA and is phased in over 5 years.  The  
               loss to the General Fund is backfilled by the VLF increase.

                 Accelerated loan repayment.  This bill provides that  
               loans made by the General Fund to the State Highway  
               Account, the Motor Vehicle Fuel Account, the Highway Users  
               Tax Account and the Motor Vehicle Account shall be repaid  
               over three years, one third per year.  The outstanding loan  
               amounts are estimated at about $1 billion.  These funds  
               will also be used to fund the road maintenance backlog as  
               they are deposited in the RMRA.  Funding to backfill the  
               loss to the General Fund from the loan repayments will come  
               from the Budget Stabilization Account (BSA), which was  
               revised in Proposition 2 of 2014 to focus on paying down  
               state debts and unfunded mandates.  The BSA balance at the  
               beginning of FY2015-16 is estimated to be $1.6 billion. 

                 State and local split.  These new funds raised by this  
               bill are formulaically allocated to both state and local  
               projects.  Five percent is set aside for counties which  
               pass local sales and use taxes for transportation purposes,  
               and which have not previously passed such taxes.  The  
               remainder is split 50/50 between state and local projects.   
               The local project funding is allocated pursuant to an  
               existing statutory formula where 50% goes to cities based  
               on population and 50% goes to counties based on a  
               combination of the number of registered vehicles and the  
               miles of county roads.   In order to receive these funds,  
               the city and county must maintain their historic commitment  
               to funding street and highway purposes by annually  
               expending not less than the average of its expenditures for  
               the 2009-10, 2010-11 and 2011-12 fiscal years.  The  
               California Transportation Commission (CTC) shall annually  
               evaluate each agency receiving funds to ensure that the  
               funds are spent appropriately.  
                 Transportation corridors.  Two cents of the diesel fuel  
               tax increase, resulting in about $50 million annually,  
               shall be deposited in the Trade Corridors Improvement Fund.  
                These funds are allocated by the CTC for infrastructure  









          SB 16 (Beall)                                          PageE of?
          
               improvements on corridors that have a high volume of  
               freight movement. 

          1)Caltrans efficiency
            This bill requires Caltrans, by March 1, 2016, to provide the  
            CTC with a plan to increase the department's efficiency by 30%  
            over the prior three years.  The savings shall increase the  
            funding for the road maintenance and repair work.  

          2)Urgency 
            This is an urgency statute.

          COMMENTS:

          1)Purpose of bill.  According to the author, this bill solves a  
            crisis that threatens our deteriorating streets and highways.   
            California faces a $59 billion backlog in deferred maintenance  
            that will grow by billions every year.  The state  
            transportation system is critical to California's economic  
            well-being, as it enables us to move goods, people, and ideas  
            around the state.  SB 16 creates a much-needed, temporary  
            funding plan to address the maintenance backlog of our aging  
            systems.  Under this bill, everyone who uses the roads will  
            share in paying for the cost of these essential repairs.  

            SB 16 will provide more resources for the state to repair the  
            infrastructure under its jurisdiction and it also distributes  
            billions to the local level.  The author notes that the state  
            has failed to keep pace with repairs due to several factors,  
            including the diversion of road maintenance revenues for other  
            uses and the decline of the gas tax revenue.  

            This bill is the result of four Transportation Committee  
            hearings that were held across the state that received  
            testimony from local government officials, transportation  
            experts, businesses, and the public.  The author believes that  
            all agree that this is a problem that needs to be fixed now.

          2)What will this cost me?  For an average driver, using a  
            typical vehicle value, average fuel efficiency, and driving  
            12,000 miles per year, the extra fees and taxes will result in  
            direct cost increases of about $180/yr or $0.50/day.   
            Individuals with more expensive cars or who use more gas or  
            diesel will pay more.  By way of comparison, the slump in  
            gasoline prices from their high of $4.25 in the middle of 2014  









          SB 16 (Beall)                                          PageF of?
          
            to about $3.00 per gallon today will reduce gas costs for the  
            average driver by over $600/yr if prices stay at current  
            levels.
          3)Pay now or pay more later.  Engineers have observed that the  
            cost of fixing roads is relatively low initially, but at some  
            point the road wear starts to accelerate, greatly increasing  
            the cost of repair.  A study commissioned by the League of  
            California Cities and the California State Association of  
            Counties notes that many California streets are at the point  
            of accelerating road wear.  Without additional funding, the  
            percentage of roads in failed condition will increase from 6%  
            to 25% by 2024, greatly increasing the cost of repair.   
            Inaction is costly.

          4)A good start, not a final solution.  As vehicle fuel  
            efficiency rises and fossil fuel alternatives become  
            available, gasoline and diesel taxes become less reliable and  
            less fair mechanisms to pay for the cost of roads.  SB 1077  
            (DeSaulnier, Chapter 835, Statutes of 2014) required the CTC  
            to study alternatives to fuel taxes, such as a road usage  
            charge.  That effort is underway, but new mechanisms for  
            paying for roads aren't expected for several years;  
            legislation will be required.  The author's expectation is  
            that whatever mechanisms Caltrans develops will be ready to be  
            implemented statewide in time to take effect as this bill  
            sunsets.  In the meantime, the funding deficit for repairing  
            and maintaining existing roads and bridges continues to grow.   
            This bill is an effort to stop the deterioration and start  
            improving the overall condition of state and local roads.   
            This bill will not raise sufficient funds to bridge the entire  
            combined $137 billion gap in state and local transportation  
            maintenance needs.

          5)Sunset.  The road maintenance program established in this bill  
            sunsets at the end of the 2019-20 fiscal year.  If the  
            Legislature does not reauthorize the program beyond that  
            fiscal year, then the increases in the gasoline and diesel  
            fuel taxes and the $35 increase in the vehicle registration  
            fee terminate.

          6)Other states.  California's transportation funding shortfalls  
            are shared by other states.  According to the American  
            Association of State Highway Transportation Officials  
            database, 14 states have increased taxes and fees and  
            dedicated that funding to transportation projects, including  









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            Georgia, Iowa, Pennsylvania, Utah and Wyoming.  Congress is  
            also considering the issue.

          7)Another idea.  In February, the Speaker of the Assembly  
            announced her plan to increase transportation funding by $2  
            billion annually by establishing a road user charge or a flat  
            annual fee for access to the road system, returning weight  
            fees to transportation purposes, and accelerating the  
            repayment of transportation loans.  A bill to enact that  
            proposal has not yet been introduced.

          8)Helping themselves.  As previously noted, the bill allocates  
            5% of revenues to counties whose voters approve a sales tax  
            for transportation purposes, and who have not approved such a  
            tax before.  Each fiscal year, unallocated funds revert back  
            and are split 50/50 between the state and local governments.   
            This provision may need further work on its mechanisms and  
            definitions.

          9)Double referral.  This bill should be referred to the Rules  
            Committee, which will consider whether the bill should also be  
            heard by the Governance and Finance Committee.

          Related Legislation:
          
          SCA 7 (Huff) - prohibits borrowing of taxes or fees paid for the  
          use of vehicles.  This measure is scheduled to be heard on May 5  
          in the Senate Transportation and Housing Committee.

          FISCAL EFFECT:  Appropriation:  Yes    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 22, 2015.)
          
            SUPPORT:  

          Associated General Contractors
          California Alliance for Jobs
          California Infill Builders Federation
          California State Association of Counties
          California State Council of Laborers
          Cities of:









          SB 16 (Beall)                                          PageH of?
          
            Brisbane
            Cathedral City
            Danville
            Gilroy
            Hercules
            Hughson
            Lafayette
            Lakewood
            Montclair
            Napa
            Santa Maria
            Thousand Oaks
          DeSilva Gates Construction
          Granite Construction Company
          League of California Cities
          Northern California Carpenters Regional Council
          Transportation California
          United Contractors

          OPPOSITION:

          None received 



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