Amended in Senate August 29, 2016

Amended in Senate August 24, 2016

Amended in Senate April 21, 2016

Amended in Senate September 1, 2015

Amended in Senate August 25, 2015

Amended in Senate July 14, 2015

California Legislature—2015–16 First Extraordinary Session

Senate BillNo. 1


Introduced by Senator Beall

(Principal coauthor: Assembly Member Frazier)

(Coauthors: Senators Allen, Hall, Hertzberg, McGuire, and Mendoza)

June 22, 2015


An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 820.1, 2192, 2192.1, and 2192.2 of, to add Sections 2103.1 and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 1, as amended, Beall. Transportation funding.

(1) Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account.

This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.17 per gallon increase in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $165 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution.

This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017-18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. The bill would require the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80.

The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program.

(2) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law.

This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes.

(3) Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes.

This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation Inspector General and would require an annual report to the Legislature and Governor.

This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by January 1, 2017.

(4) Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified.

This bill would require the Department of Finance, on or before September 1, 2016, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program.

(5) The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes.

This bill would deposit the revenues attributable to a $0.30 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions.

Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan.

This bill would delete consideration of the State Air Resources Board’s Sustainable Freight Strategy and the statewide port master plan and would instead include consideration of the applicable port master plan when determining eligible projects for funding. The bill would also expand eligible projects to include rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements.

(6) Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program.

This bill would, beginning in the 2016-17 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation.

(7) Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990.

This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account.

(8) Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution.

This bill, commencing July 1, 2016, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation.

(9) Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral.

This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 1, 2010, in addition to the increase in the rate described in paragraph (1).

Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these revenues to the Controller for allocation by formula to transportation agencies for public transit purposes.

This bill would increase the additional sales and use tax on diesel fuel by an additional 3.5%. By increasing the revenues deposited in a continuously appropriated fund, the bill would thereby make an appropriation. The bill would restrict expenditures of revenues from this increase in the sales and use tax on diesel fuel to transit capital purposes and certain transit services and would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements.

This bill would, beginning July 1, 2019, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed.

(10) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan.

This bill would add to the program capital projects relative to the operation of those state highways and bridges. The bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval.

This bill, on and after February 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed.

(11) Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified.

This bill, notwithstanding these provisions or any other law, would only authorize specified percentages of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule and would prohibit the transfer of weight fee revenues from the State Highway Account after the 2020-21 fiscal year. The bill would also prohibit loans of weight fee revenues to the General Fund.

(12) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements.

This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways.

This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake mitigation measures in advance of construction of a planned transportation project. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation project benefiting from advance mitigation is constructed.

(13) Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program.

This bill would delete the January 1, 2017, repeal date, thereby extending these provisions indefinitely.

(14) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P10   1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Over the next 10 years, the state faces a $59 billion shortfall
4to adequately maintain the existing state highway system in order
5to keep it in a basic state of good repair.

6(b) Similarly, cities and counties face a $78 billion shortfall
7over the next decade to adequately maintain the existing network
8of local streets and roads.

9(c) Statewide taxes and fees dedicated to the maintenance of
10the system have not been increased in more than 20 years, with
11those revenues losing more than 55 percent of their purchasing
12power, while costs to maintain the system have steadily increased
13and much of the underlying infrastructure has aged past its expected
14useful life.

15(d) California motorists are spending $17 billion annually in
16extra maintenance and car repair bills, which is more than $700
17per driver, due to the state’s poorly maintained roads.

18(e) Failing to act now to address this growing problem means
19that more drastic measures will be required to maintain our system
20in the future, essentially passing the burden on to future generations
21instead of doing our job today.

22(f) A funding program will help address a portion of the
23maintenance backlog on the state’s road system and will stop the
24growth of the problem.

25(g) Modestly increasing various fees can spread the cost of road
26repairs broadly to all users and beneficiaries of the road network
27without overburdening any one group.

28(h) Improving the condition of the state’s road system will have
29a positive impact on the economy as it lowers the transportation
P11   1costs of doing business, reduces congestion impacts for employees,
2and protects property values in the state.

3(i) The federal government estimates that increased spending
4on infrastructure creates more than 13,000 jobs per $1 billion spent.

5(j) Well-maintained roads benefit all users, not just drivers, as
6roads are used for all modes of transport, whether motor vehicles,
7transit, bicycles, or pedestrians.

8(k) Well-maintained roads additionally provide significant health
9benefits and prevent injuries and death due to crashes caused by
10poorly maintained infrastructure.

11(l) A comprehensive, reasonable transportation funding package
12will do all of the following:

13(1) Ensure these transportation needs are addressed.

14(2) Fairly distribute the economic impact of increased funding.

15(3) Restore the gas tax rate previously reduced by the State
16Board of Equalization pursuant to the gas tax swap.

17(4) Direct increased revenue to the state’s highest transportation
18needs.

19

SEC. 2.  

Section 13975 of the Government Code is amended
20to read:

21

13975.  

There is in the state government the Transportation
22Agency. The agency consists of the Department of the California
23Highway Patrol, the Department of Motor Vehicles, the Department
24of Transportation, the High-Speed Rail Authority, and the Board
25of Pilot Commissioners for the Bays of San Francisco, San Pablo,
26and Suisun.

27

SEC. 3.  

Section 14033 is added to the Government Code, to
28read:

29

14033.  

On or before January 1, 2017, the department shall
30update the Highway Design Manual to incorporate the “complete
31streets” design concept.

32

SEC. 4.  

Part 5.1 (commencing with Section 14460) is added
33to Division 3 of Title 2 of the Government Code, to read:

34 

35PART 5.1.  OFFICE OF THE TRANSPORTATION INSPECTOR
36GENERAL

37

 

38

14460.  

(a) There is hereby created in state government the
39independent Office of the Transportation Inspector General, which
40shall not be a subdivision of any other governmental entity, to
P12   1ensure that the Department of Transportation, the High-Speed Rail
2Authority, the Department of the California Highway Patrol, the
3Department of Motor Vehicles, the State Air Resources Board,
4and all other state agencies expending state transportation funds
5are operating efficiently, effectively, and in compliance with
6applicable federal and state laws.

7(b) The Governor shall appoint, subject to confirmation by the
8Senate, the Transportation Inspector General to a six-year term.
9The Transportation Inspector General may not be removed from
10 office during that term, except for good cause. A finding of good
11cause may include substantial neglect of duty, gross misconduct,
12or conviction of a crime. The reasons for removal of the
13Transportation Inspector General shall be stated in writing and
14shall include the basis for removal. The writing shall be sent to
15the Secretary of the Senate and the Chief Clerk of the Assembly
16at the time of the removal and shall be deemed to be a public
17document.

18

14461.  

The Transportation Inspector General shall review
19policies, practices, and procedures and conduct audits and
20investigations of activities involving state transportation funds in
21consultation with all affected state agencies. Specifically, the
22Transportation Inspector General’s duties and responsibilities shall
23include, but not be limited to, all of the following:

24(a) To examine the operating practices of all state agencies
25expending state transportation funds to identify fraud and waste,
26opportunities for efficiencies, and opportunities to improve the
27data used to determine appropriate project resource allocations.

28(b) To identify best practices in the delivery of transportation
29projects and develop policies or recommend proposed legislation
30enabling state agencies to adopt these practices when practicable.

31(c) To provide objective analysis of and, when possible, offer
32solutions to concerns raised by the public or generated within
33agencies involving the state’s transportation infrastructure and
34project delivery methods.

35(d) To conduct, supervise, and coordinate audits and
36investigations relating to the programs and operations of all state
37transportation agencies with state-funded transportation projects.

38(e) To recommend policies promoting economy and efficiency
39in the administration of programs and operations of all state
40agencies with state-funded transportation projects.

P13   1(f) To ensure that the Secretary of Transportation and the
2Legislature are fully and currently informed concerning fraud or
3other serious abuses or deficiencies relating to the expenditure of
4funds or administration of programs and operations.

5

14462.  

The Transportation Inspector General shall report at
6least annually to the Governor and Legislature with a summary of
7his or her findings, investigations, and audits. The summary shall
8be posted on the Transportation Inspector General’s Internet Web
9site and shall otherwise be made available to the public upon its
10release to the Governor and Legislature. The summary shall
11include, but need not be limited to, significant problems discovered
12by the Transportation Inspector General and whether
13recommendations of the Transportation Inspector General relative
14to investigations and audits have been implemented by the affected
15agencies. The report shall be submitted to the Legislature in
16compliance with Section 9795.

17

SEC. 5.  

Section 14500 of the Government Code is amended
18to read:

19

14500.  

There is in state government a California Transportation
20Commission. The commission shall act in an independent oversight
21role.

22

SEC. 6.  

Section 14526.5 of the Government Code is amended
23to read:

24

14526.5.  

(a) Based on the asset management plan prepared
25and approved pursuant to Section 14526.4, the department shall
26prepare a state highway operation and protection program for the
27expenditure of transportation funds for major capital improvements
28that are necessary to preserve and protect the state highway system.
29Projects included in the program shall be limited to improvements
30relative to maintenance, safety, rehabilitation, and operation of
31state highways and bridges that do not add a new traffic lane to
32the system.

33(b) The program shall include projects that are expected to be
34advertised prior to July 1 of the year following submission of the
35program, but which have not yet been funded. The program shall
36include those projects for which construction is to begin within
37four fiscal years, starting July 1 of the year following the year the
38program is submitted.

39(c) (1) The department, at a minimum, shall specify, for each
40project in the state highway operation and protection program, the
P14   1capital and support budget for each of the following project
2components:

3(A) Project approval and environmental documents.

4(B) Plans, specifications, and estimates.

5(C) Rights-of-way.

6(D) Construction.

7(2) The department shall specify, for each project in the state
8highway operation and protection program, a projected delivery
9date for each of the following components:

10(A) Environmental document completion.

11(B) Plans, specifications, and estimate completion.

12(C) Right-of-way certification.

13(D) Start of construction.

14(d) The department shall submit its proposed program to the
15commission not later than January 31 of each even-numbered year.
16Prior to submitting its proposed program, the department shall
17make a draft of its proposed program available to transportation
18planning agencies for review and comment and shall include the
19comments in its submittal to the commission. The department shall
20provide the commission with detailed information for all
21programmed projects, including, but not limited to, cost, scope,
22schedule, and performance metrics as determined by the
23commission.

24(e) The commission shall review the proposed program relative
25to its overall adequacy, consistency with the asset management
26plan prepared and approved pursuant to Section 14526.4 and
27funding priorities established in Section 167 of the Streets and
28Highways Code, the level of annual funding needed to implement
29the program, and the impact of those expenditures on the state
30transportation improvement program. The commission shall adopt
31the program and submit it to the Legislature and the Governor not
32later than April 1 of each even-numbered year. The commission
33 may decline to adopt the program if the commission determines
34that the program is not sufficiently consistent with the asset
35management plan prepared and approved pursuant to Section
3614526.4.

37(f) As part of the commission’s review of the program required
38pursuant to subdivision (a), the commission shall hold at least one
39hearing in northern California and one hearing in southern
40California regarding the proposed program.

P15   1(g) Expenditures for these projects shall not be subject to
2Sections 188 and 188.8 of the Streets and Highways Code.

3(h) Following adoption of the state highway operation and
4protection program by the commission, any change to a
5programmed project shall be submitted as an amendment by the
6department to the commission for its approval before the change
7may be implemented.

8

SEC. 7.  

Section 14526.7 is added to the Government Code, to
9read:

10

14526.7.  

(a) On and after February 1, 2017, an allocation by
11the commission of all capital and support costs for each project in
12the state highway operation and protection program shall be
13required.

14(b) For a project that experiences increases in capital or support
15costs above the amounts in the commission’s allocation pursuant
16to subdivision (a), a supplemental project allocation request shall
17be submitted by the department to the commission for approval.

18(c) The commission shall establish guidelines to provide
19exceptions to the requirement of subdivision (b) that the
20commission determines are necessary to ensure that projects are
21not unnecessarily delayed.

22

SEC. 8.  

Section 14534.1 of the Government Code is repealed.

23

SEC. 9.  

Section 16321 is added to the Government Code, to
24read:

25

16321.  

(a) Notwithstanding any other law, on or before
26September 1, 2016, the Department of Finance shall compute the
27amount of outstanding loans made from the State Highway
28Account, the Motor Vehicle Fuel Account, the Highway Users
29Tax Account, and the Motor Vehicle Account to the General Fund.
30The department shall prepare a loan repayment schedule, pursuant
31to which the outstanding loans shall be repaid, as follows:

32(1) On or before June 30, 2017, 50 percent of the outstanding
33loan amounts.

34(2) On or before June 30, 2018, the remainder of the outstanding
35loan amounts.

36(b) Notwithstanding any other law, as the loans are repaid
37pursuant to this section, the repaid funds shall be transferred in the
38following manner:

P16   1(1) Fifty percent to cities and counties pursuant to clauses (i)
2and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of
3Section 2103 of the Streets and Highways Code.

4(2) Fifty percent to the department for maintenance of the state
5highway system and for purposes of the state highway operation
6and protection program.

7(c) Funds for loan repayments pursuant to this section are hereby
8appropriated from the Budget Stabilization Account pursuant to
9subclause (II) of clause (ii) of subparagraph (B) of paragraph (1)
10of subdivision (c) of Section 20 of Article XVI of the California
11Constitution.

12

SEC. 10.  

Section 16965 of the Government Code is amended
13to read:

14

16965.  

(a) (1) The Transportation Debt Service Fund is hereby
15created in the State Treasury. Moneys in the fund shall be dedicated
16to all of the following purposes:

17(A) Payment of debt service with respect to designated bonds,
18as defined in subdivision (c) of Section 16773, and as further
19provided in paragraph (3) and subdivision (b).

20(B) To reimburse the General Fund for debt service with respect
21to bonds.

22(C) To redeem or retire bonds, pursuant to Section 16774,
23maturing in a subsequent fiscal year.

24(2) The bonds eligible under subparagraph (B) or (C) of
25 paragraph (1) include bonds issued pursuant to the Passenger Rail
26and Clean Air Bond Act of 1990 (Chapter 17 (commencing with
27Section 2701) of Division 3 of the Streets and Highways Code),
28the Seismic Retrofit Bond Act of 1996 (Chapter 12.48
29(commencing with Section 8879) of Division 1 of Title 2), and the
30Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
31Century (Chapter 20 (commencing with Section 2704) of Division
323 of the Streets and Highways Code), and nondesignated bonds
33under Proposition 1B, as defined in subdivision (c) of Section
3416773.

35(3) (A) The Transportation Bond Direct Payment Account is
36hereby created in the State Treasury, as a subaccount within the
37Transportation Debt Service Fund, for the purpose of directly
38paying the debt service, as defined in paragraph (4), of designated
39bonds of Proposition 1B, as defined in subdivision (c) of Section
4016773. Notwithstanding Section 13340, moneys in the
P17   1Transportation Bond Direct Payment Account are continuously
2appropriated for payment of debt service with respect to designated
3bonds as provided in subdivision (c) of Section 16773. So long as
4any designated bonds remain outstanding, the moneys in the
5Transportation Bond Direct Payment Account may not be used
6for any other purpose, and may not be borrowed by or available
7for transfer to the General Fund pursuant to Section 16310 or any
8similar law, or to the General Cash Revolving Fund pursuant to
9Section 16381 or any similar law.

10(B) Once the Treasurer makes a certification that payment of
11debt service with respect to all designated bonds has been paid or
12provided for, any remaining moneys in the Transportation Bond
13Direct Payment Account shall be transferred back to the
14Transportation Debt Service Fund.

15(C) The moneys in the Transportation Bond Direct Payment
16Account shall be invested in the Surplus Money Investment Fund,
17and all investment earnings shall accrue to the account.

18(D) The Controller may establish subaccounts within the
19Transportation Bond Direct Payment Account as may be required
20by the resolution, indenture, or other documents governing any
21designated bonds.

22(4) For purposes of this subdivision and subdivision (b), and
23subdivision (c) of Section 16773, “debt service” means payment
24of all of the following costs and expenses with respect to any
25designated bond:

26(A) The principal of and interest on the bonds.

27(B) Amounts payable as the result of tender on any bonds, as
28described in clause (iv) of subparagraph (B) of paragraph (1) of
29subdivision (d) of Section 16731.

30(C) Amounts payable under any contractual obligation of the
31state to repay advances and pay interest thereon under a credit
32enhancement or liquidity agreement as described in clause (iv) of
33subparagraph (B) of paragraph (1) of subdivision (d) of Section
3416731.

35(D) Any amount owed by the state to a counterparty after any
36offset for payments owed to the state on any hedging contract as
37described in subparagraph (A) of paragraph (2) of subdivision (d)
38of Section 16731.

39(b) From the moneys transferred to the fund pursuant to
40paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
P18   1Vehicle Code, there shall first be deposited into the Transportation
2Bond Direct Payment Account in each month sufficient funds to
3equal the amount designated in a certificate submitted by the
4Treasurer to the Controller and the Director of Finance at the start
5of each fiscal year, and as may be modified by the Treasurer
6thereafter upon issuance of any new issue of designated bonds or
7upon change in circumstances that requires such a modification.
8This certificate shall be calculated by the Treasurer to identify, for
9each month, the amount necessary to fund all of the debt service
10with respect to all designated bonds. This calculation shall be done
11in a manner provided in the resolution, indenture, or other
12documents governing the designated bonds. In the event that
13transfers to the Transportation Bond Direct Payment Account in
14any month are less than the amounts required in the Treasurer’s
15certificate, the shortfall shall carry over to be part of the required
16payment in the succeeding month or months.

17(c) The state hereby covenants with the holders from time to
18time of any designated bonds that it will not alter, amend, or restrict
19the provisions of subdivision (c) of Section 16773 of the
20Government Code, or Sections 9400, 9400.1, 9400.4, and 42205
21of the Vehicle Code, which provide directly or indirectly for the
22transfer of weight fees to the Transportation Debt Service Fund
23or the Transportation Bond Direct Payment Account, or
24subdivisions (a) and (b) of this section, or reduce the rate of
25imposition of vehicle weight fees under Sections 9400 and 9400.1
26of the Vehicle Code as they existed on the date of the first issuance
27of any designated bonds, if that alteration, amendment, restriction,
28or reduction would result in projected weight fees for the next
29fiscal year determined by the Director of Finance being less than
30two times the maximum annual debt service with respect to all
31outstanding designated bonds, as such calculation is determined
32pursuant to the resolution, indenture, or other documents governing
33the designated bonds. The state may include this covenant in the
34 resolution, indenture, or other documents governing the designated
35bonds.

36(d) Once the required monthly deposit, including makeup of
37any shortfalls from any prior month, has been made pursuant to
38subdivision (b), from moneys transferred to the fund pursuant to
39paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
40Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
P19   1Controller shall transfer as an expenditure reduction to the General
2Fund any amount necessary to offset the cost of current year debt
3service payments made from the General Fund with respect to any
4bonds issued pursuant to Proposition 192 (1996) and three-quarters
5of the amount of current year debt service payments made from
6the General Fund with respect to any nondesignated bonds, as
7defined in subdivision (c) of Section 16773, issued pursuant to
8Proposition 1B (2006). In the alternative, these funds may also be
9used to redeem or retire the applicable bonds, pursuant to Section
1016774, maturing in a subsequent fiscal year as directed by the
11Director of Finance.

12(e) Once the required monthly deposit, including makeup of
13any shortfalls from any prior month, has been made pursuant to
14subdivision (b), from moneys transferred to the fund pursuant to
15paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the
16Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the
17Controller shall transfer as an expenditure reduction to the General
18Fund any amount necessary to offset the eligible cost of current
19year debt service payments made from the General Fund with
20respect to any bonds issued pursuant to Proposition 108 (1990)
21and Proposition 1A (2008), and one-quarter of the amount of
22current year debt service payments made from the General Fund
23with respect to any nondesignated bonds, as defined in subdivision
24(c) of Section 16773, issued pursuant to Proposition 1B (2006).
25The Department of Finance shall notify the Controller by July 30
26of every year of the percentage of debt service that is expected to
27be paid in that fiscal year with respect to bond-funded projects that
28qualify as eligible guideway projects consistent with the
29requirements applicable to the expenditure of revenues under
30Article XIX of the California Constitution, and the Controller shall
31make payments only for those eligible projects. In the alternative,
32these funds may also be used to redeem or retire the applicable
33bonds, pursuant to Section 16774, maturing in a subsequent fiscal
34year as directed by the Director of Finance.

35(f) On or before the second business day following the date on
36which transfers are made to the Transportation Debt Service Fund,
37and after the required monthly deposits for that month, including
38makeup of any shortfalls from any prior month, have been made
39to the Transportation Bond Direct Payment Account, the Controller
40shall transfer the funds designated for reimbursement of bond debt
P20   1service with respect to nondesignated bonds, as defined in
2subdivision (c) of Section 16773, and other bonds identified in
3subdivisions (d) and (e) in that month from the fund to the General
4Fund pursuant to this section.

5

SEC. 11.  

Section 39719 of the Health and Safety Code is
6amended to read:

7

39719.  

(a) The Legislature shall appropriate the annual
8proceeds of the fund for the purpose of reducing greenhouse gas
9emissions in this state in accordance with the requirements of
10Section 39712.

11(b) To carry out a portion of the requirements of subdivision
12(a), annual proceeds are continuously appropriated for the
13following:

14(1) Beginning in the 2016-17 fiscal year, and notwithstanding
15Section 13340 of the Government Code, 50 percent of annual
16proceeds are continuously appropriated, without regard to fiscal
17years, for transit, affordable housing, and sustainable communities
18programs as following:

19(A) Twenty percent of the annual proceeds of the fund is hereby
20continuously appropriated to the Transportation Agency for the
21Transit and Intercity Rail Capital Program created by Part 2
22(commencing with Section 75220) of Division 44 of the Public
23Resources Code.

24(B) Ten percent of the annual proceeds of the fund is hereby
25continuously appropriated to the Low Carbon Transit Operations
26Program created by Part 3 (commencing with Section 75230) of
27Division 44 of the Public Resources Code. Moneys shall be
28allocated by the Controller, according to requirements of the
29program, and pursuant to the distribution formula in subdivision
30(b) or (c) of Section 99312 of, and Sections 99313 and 99314 of,
31the Public Utilities Code.

32(C) Twenty percent of the annual proceeds of the fund is hereby
33continuously appropriated to the Strategic Growth Council for the
34Affordable Housing and Sustainable Communities Program created
35by Part 1 (commencing with Section 75200) of Division 44 of the
36Public Resources Code. Of the amount appropriated in this
37subparagraph, no less than 10 percent of the annual proceeds shall
38be expended for affordable housing, consistent with the provisions
39of that program.

P21   1(2) Beginning in the 2015-16 fiscal year, notwithstanding
2Section 13340 of the Government Code, 25 percent of the annual
3proceeds of the fund is hereby continuously appropriated to the
4High-Speed Rail Authority for the following components of the
5initial operating segment and Phase I Blended System as described
6in the 2012 business plan adopted pursuant to Section 185033 of
7the Public Utilities Code:

8(A) Acquisition and construction costs of the project.

9(B) Environmental review and design costs of the project.

10(C) Other capital costs of the project.

11(D) Repayment of any loans made to the authority to fund the
12project.

13(c) In determining the amount of annual proceeds of the fund
14for purposes of the calculation in subdivision (b), the funds subject
15to Section 39719.1 shall not be included.

16

SEC. 12.  

Section 21080.37 of the Public Resources Code is
17amended to read:

18

21080.37.  

(a) This division does not apply to a project or an
19activity to repair, maintain, or make minor alterations to an existing
20roadway if all of the following conditions are met:

21(1) (A) The project does not cross a waterway.

22(B) For purposes of this paragraph, “waterway” means a bay,
23estuary, lake, pond, river, slough, or a perennial, intermittent, or
24ephemeral stream, lake, or estuarine-marine shoreline.

25(2) The project involves negligible or no expansion of an
26existing use beyond that existing at the time of the lead agency’s
27determination.

28(3) (A) The site of the project does not contain wetlands or
29riparian areas and does not have significant value as a wildlife
30habitat, and the project does not harm any species protected by the
31federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
32seq.), the Native Plant Protection Act (Chapter 10 (commencing
33with Section 1900) of Division 2 of the Fish and Game Code), or
34the California Endangered Species Act (Chapter 1.5 (commencing
35with Section 2050) of Division 3 of the Fish and Game Code), and
36the project does not cause the destruction or removal of any species
37protected by a local ordinance.

38(B) For the purposes of this paragraph:

39(i) “Riparian areas” mean those areas transitional between
40terrestrial and aquatic ecosystems and that are distinguished by
P22   1gradients in biophysical conditions, ecological processes, and biota.
2A riparian area is an area through which surface and subsurface
3hydrology connect waterbodies with their adjacent uplands. A
4riparian area includes those portions of terrestrial ecosystems that
5significantly influence exchanges of energy and matter with aquatic
6ecosystems. A riparian area is adjacent to perennial, intermittent,
7and ephemeral streams, lakes, and estuarine-marine shorelines.

8(ii) “Significant value as a wildlife habitat” includes wildlife
9habitat of national, statewide, regional, or local importance; habitat
10for species protected by the federal Endangered Species Act of
111973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered
12Species Act (Chapter 1.5 (commencing with Section 2050) of
13Division 3 of the Fish and Game Code), or the Native Plant
14Protection Act (Chapter 10 (commencing with Section 1900) of
15Division 2 of the Fish and Game Code); habitat identified as
16candidate, fully protected, sensitive, or species of special status
17by local, state, or federal agencies; or habitat essential to the
18movement of resident or migratory wildlife.

19(iii) “Wetlands” has the same meaning as in the United States
20Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

21(iv) “Wildlife habitat” means the ecological communities upon
22which wild animals, birds, plants, fish, amphibians, and
23invertebrates depend for their conservation and protection.

24(4) The project does not impact cultural resources.

25(5) The roadway does not affect scenic resources, as provided
26pursuant to subdivision (c) of Section 21084.

27(b) Prior to determining that a project is exempt pursuant to this
28section, the lead agency shall do both of the following:

29(1) Include measures in the project to mitigate potential
30vehicular traffic and safety impacts and bicycle and pedestrian
31safety impacts.

32(2) Hold a noticed public hearing on the project to hear and
33respond to public comments. The hearing on the project may be
34conducted with another noticed lead agency public hearing.
35Publication of the notice shall be no fewer times than required by
36Section 6061 of the Government Code, by the public agency in a
37newspaper of general circulation in the area.

38(c) For purposes of this section, “roadway” means a roadway
39as defined pursuant to Section 530 of the Vehicle Code and the
40previously graded and maintained shoulder that is within a roadway
P23   1right-of-way of no more than five feet from the edge of the
2roadway.

3(d) (1) If a state agency determines that a project is not subject
4to this division pursuant to this section and it approves or
5determines to carry out that project, it shall file a notice with the
6Office of Planning and Research in the manner specified in
7subdivisions (b) and (c) of Section 21108.

8(2) If a local agency determines that a project is not subject to
9this division pursuant to this section and it approves or determines
10to carry out that project, it shall file a notice with the Office of
11Planning and Research, and with the county clerk in the county in
12which the project will be located in the manner specified in
13subdivisions (b) and (c) of Section 21152.

14

SEC. 13.  

Division 13.6 (commencing with Section 21200) is
15added to the Public Resources Code, to read:

16 

17Division 13.6.  ADVANCE MITIGATION PROGRAM ACT

18

 

19Chapter  1. General
20

 

21

21200.  

This division shall be known, and may be cited, as the
22Advance Mitigation Program Act.

23

21201.  

(a) The purpose of this division is to improve the
24success and effectiveness of actions implemented to mitigate the
25natural resource impacts of future transportation projects by
26establishing the means to implement those actions well before the
27transportation projects are constructed. The advance identification
28and implementation of mitigation actions also will streamline the
29delivery of transportation projects by anticipating mitigation
30requirements for planned transportation projects and avoiding or
31reducing delays associated with environmental permitting. By
32identifying regional or statewide conservation priorities and by
33anticipating the impacts of planned transportation projects on a
34regional or statewide basis, mitigation actions can be designed to
35protect and restore California’s most valuable natural resources
36and also facilitate environmental compliance for planned
37transportation projects on a regional scale.

38(b) This division is not intended to create a new environmental
39permitting or regulatory program or to modify existing
40environmental laws or regulations, nor is it expected that all
P24   1mitigation requirements will be addressed for planned
2transportation projects. Instead, it is intended to provide a
3methodology with which to anticipate and fulfill the requirements
4of existing state and federal environmental laws that protect fish,
5wildlife, plant species, and other natural resources more efficiently
6and effectively.

7

21202.  

The Legislature finds and declares all of the following:

8(a) The minimization and mitigation of environmental impacts
9is ordinarily handled on a project-by-project basis, usually near
10the end of a project’s timeline and often without guidance regarding
11regional or statewide conservation priorities.

12(b) The cost of critical transportation projects often escalates
13because of permitting delays that occur when appropriate
14conservation and mitigation measures cannot easily be identified
15and because the cost of these measures often increases between
16the time a project is planned and funded and the time mitigation
17is implemented.

18(c) Addressing conservation and mitigation needs early in a
19project’s timeline, during the project design and development
20phase, can reduce costs, allow natural resources conservation to
21be integrated with project siting and design, and result in the
22establishment of more valuable and productive habitat mitigation.

23(d) When the Department of Transportation is able to anticipate
24the mitigation needs for planned transportation projects, it can
25meet those needs in a more timely and cost-effective way by using
26advance mitigation planning.

27(e) Working with state and federal resource protection agencies,
28the department can identify, conserve, and, where appropriate,
29restore lands for mitigation of numerous projects early in the
30projects’ timelines, thereby allowing public funds to stretch further
31by acquiring habitat at a lower cost and avoiding environmental
32permitting delays.

33(f) Advance mitigation can provide an effective means of
34facilitating delivery of transportation projects while ensuring more
35effective natural resource conservation.

36(g) Advance mitigation is needed to direct mitigation funding
37for transportation projects to agreed-upon conservation priorities
38and to the creation of habitat reserves and recreation areas that
39enhance the sustainability of human and natural systems by
P25   1protecting or restoring connectivity of natural communities and
2the delivery of ecosystem services.

3(h) Advance mitigation can facilitate the implementation of
4climate change adaptation strategies both for ecosystems and
5California’s economy.

6(i) Advance mitigation can enable the state to protect, restore,
7and recover its natural resources as it strengthens and improves
8its transportation systems.

9

21203.  

The Legislature intends to do all of the following by
10enacting this division:

11(a) Facilitate delivery of transportation projects while ensuring
12more effective natural resource conservation.

13(b) Develop effective strategies to improve the state’s ability to
14meet mounting demands for transportation improvements and to
15maximize conservation and other public benefits.

16(c) Achieve conservation objectives of statewide and regional
17importance by coordinating local, state, and federally funded
18natural resource conservation efforts with mitigation actions
19required for impacts from transportation projects.

20(d) Create administrative, governance, and financial incentives
21and mechanisms necessary to ensure that measures required to
22minimize or mitigate impacts from transportation projects will
23serve to achieve regional or statewide natural resource conservation
24objectives.

25 

26Chapter  2. Definitions
27

 

28

21204.  

For purposes of this division, the following terms have
29the following meanings:

30(a) “Acquire” and “acquisition” mean, with respect to land or
31a waterway, acquisition of fee title or purchase of a conservation
32easement, that protects conservation and mitigation values on the
33land or waterway in perpetuity.

34(b) “Advance mitigation” means mitigation implemented before,
35and in anticipation of, environmental effects of planned
36transportation projects.

37(c) “Commission” means the California Transportation
38Commission.

39(d) “Department” means the Department of Transportation.

P26   1(e) “Transportation agency” means the department, the
2High-Speed Rail Authority, a metropolitan planning organization,
3a regional transportation planning agency, or another public agency
4that implements transportation projects.

5(f) “Transportation project” means a transportation capital
6improvement project.

7(g) “Planned transportation project” means a transportation
8project that a transportation agency has concluded is reasonably
9likely to be constructed within 20 years and that has been identified
10to the agency for purposes of this division. A planned transportation
11 project may include, but is not limited to, a transportation project
12that has been proposed for approval or that has been approved.

13(h) “Program” means the Advance Mitigation Program
14implemented pursuant to this division.

15(i) “Regulatory agency” means a state or federal natural resource
16protection agency with regulatory authority over planned
17transportation projects. A regulatory agency includes, but is not
18limited to, the Natural Resources Agency, the Department of Fish
19and Wildlife, California regional water quality control boards, the
20United States Fish and Wildlife Service, the National Marine
21Fisheries Service, the United States Environmental Protection
22Agency, and the United States Army Corps of Engineers.

23 

24Chapter  3. Advance Mitigation Program
25

 

26

21205.  

(a) The Advance Mitigation Program is hereby created
27in the department to accelerate project delivery and improve
28environmental outcomes of environmental mitigation for planned
29transportation projects.

30(b) The program may utilize mitigation instruments, including,
31but not limited to, mitigation banks, in lieu of fee programs, and
32conservation easements as defined in Section 815.1 of the Civil
33Code.

34(c) The department shall track all implemented advance
35mitigation projects to use as credits for environmental mitigation
36for state-sponsored transportation projects.

37(d) The department may use advance mitigation credits to fulfill
38mitigation requirements of any environmental law for a
39transportation project eligible for the State Transportation
P27   1Improvement Program or the State Highway Operation and
2Protection Program.

3

21206.  

No later than February 1, 2017, the department shall
4establish an interagency transportation advance mitigation steering
5committee consisting of the department and appropriate state and
6federal regulatory agencies to support the program so that advance
7mitigation can be used as required mitigation for planned
8transportation projects and can provide improved environmental
9outcomes. The committee shall advise the department of
10opportunities to carry out advance mitigation projects, provide the
11best available science, and actively participate in mitigation
12instrument reviews and approvals. The committee shall seek to
13develop streamlining opportunities, including those related to
14landscape scale mitigation planning and alignment of federal and
15state regulations and procedures related to mitigation requirements
16and implementation. The committee shall also provide input on
17crediting, using, and tracking of advance mitigation investments.

18

21207.  

The Advance Mitigation Fund is hereby created in the
19State Transportation Fund as a revolving fund. Notwithstanding
20Section 13340 of the Government Code, the fund shall be
21continuously appropriated without regard to fiscal years. The
22moneys in the fund shall be programmed by the commission for
23the planning and implementation of advance mitigation projects
24consistent with the purposes of this chapter. After the transfer of
25moneys to the fund for four fiscal years pursuant to subdivision
26(c) of Section 2032 of the Streets and Highways Code, commencing
27in the 2017-18 fiscal year, the program is intended to be
28self-sustaining. Advance expenditures from the fund shall later be
29reimbursed from project funding available at the time a planned
30transportation project is constructed. A maximum of 5 percent of
31available funds may be used for administrative purposes.

begin insert
32

begin insert21208.end insert  

The program is intended to improve the efficiency and
33efficacy of mitigation only and is not intended to supplant the
34requirements of the California Environmental Quality Act (Division
3513 (commencing with Section 21000)) or any other environmental
36law. The identification of planned transportation projects and of
37mitigation projects or measures for planned transportation projects
38under this division does not imply or require approval of those
39projects for purposes of the California Environmental Quality Act
P28   1(Division 13 (commencing with Section 21000)) or any other
2environmental law.

end insert
3

SEC. 14.  

Section 99312.1 of the Public Utilities Code is
4amended to read:

5

99312.1.  

(a) Revenues transferred to the Public Transportation
6Account pursuant to Sections 6051.8 and 6201.8 of the Revenue
7and Taxation Code are hereby continuously appropriated to the
8Controller for allocation as follows:

9(1) Fifty percent for allocation to transportation planning
10agencies, county transportation commissions, and the San Diego
11Metropolitan Transit Development Board pursuant to Section
1299314.

13(2) Fifty percent for allocation to transportation agencies, county
14transportation commissions, and the San Diego Metropolitan
15Transit Development Board for purposes of Section 99313.

16(b) For purposes of this chapter, the revenues allocated pursuant
17to this section shall be subject to the same requirements as revenues
18allocated pursuant to subdivisions (b) and (c), as applicable, of
19Section 99312.

20(c) The revenues transferred to the Public Transportation
21Account that are attributable to the increase in the sales and use
22tax on diesel fuel pursuant to subdivision (b) of Section 6051.8 of
23the Revenue and Taxation Code, as adjusted pursuant to
24subdivision (c) of that section, and subdivision (b) of Section
256201.8 of the Revenue and Taxation Code, as adjusted pursuant
26to subdivision (c) of that section, upon allocation pursuant to
27Sections 99313 and 99314, shall only be expended on the
28following:

29(1) Transit capital projects or services to maintain or repair a
30transit operator’s existing transit vehicle fleet or existing transit
31facilities, including rehabilitation or modernization of existing
32vehicles or facilities.

33(2) The design, acquisition, and construction of new vehicles
34or facilities that improve existing transit services.

35(3) Transit services that complement local efforts for repair and
36improvement of local transportation infrastructure.

37(d) (1) Prior to receiving an apportionment of funds pursuant
38to subdivision (c) from the Controller in a fiscal year, a recipient
39transit agency shall submit to the Department of Transportation a
40list of projects proposed to be funded with these funds. The list of
P29   1projects proposed to be funded with these funds shall include a
2description and location of each proposed project, a proposed
3schedule for the project’s completion, and the estimated useful life
4of the improvement. The project list shall not limit the flexibility
5of a recipient transit agency to fund projects in accordance with
6local needs and priorities so long as the projects are consistent
7with subdivision (c).

8(2) The department shall report to the Controller the recipient
9transit agencies that have submitted a list of projects as described
10in this subdivision and that are therefore eligible to receive an
11apportionment of funds for the applicable fiscal year. The
12Controller, upon receipt of the report, shall apportion funds
13pursuant to Sections 99313 and 99314.

14(e) For each fiscal year, each recipient transit agency receiving
15an apportionment of funds pursuant to subdivision (c) shall, upon
16expending those funds, submit documentation to the department
17that includes a description and location of each completed project,
18the amount of funds expended on the project, the completion date,
19and the estimated useful life of the improvement.

20(f) The audit of transit operator finances required pursuant to
21Section 99245 shall verify that the revenues identified in
22subdivision (c) have been expended in conformance with these
23specific requirements and all other generally applicable
24requirements.

25

SEC. 15.  

Section 6051.8 of the Revenue and Taxation Code
26 is amended to read:

27

6051.8.  

(a) Except as provided by Section 6357.3, in addition
28to the taxes imposed by this part, for the privilege of selling
29tangible personal property at retail a tax is hereby imposed upon
30all retailers at the rate of 1.75 percent of the gross receipts of any
31retailer from the sale of all diesel fuel.

32(b) Except as provided by Section 6357.3, in addition to the
33taxes imposed by this part and by subdivision (a), for the privilege
34of selling tangible personal property at retail a tax is hereby
35imposed upon all retailers at the rate of 3.5 percent of the gross
36receipts of any retailer from the sale of all diesel fuel, as defined
37in Section 60022, sold at retail in this state. The tax imposed under
38this subdivision shall be imposed on and after the first day of the
39first calendar quarter that occurs 90 days after the effective date
40of the act adding this subdivision.

P30   1(c) Beginning July 1, 2019, and every third year thereafter, the
2State Board of Equalization shall recompute the rates of the taxes
3imposed by this section. That computation shall be made as
4follows:

5(1) The Department of Finance shall transmit to the State Board
6of Equalization the percentage change in the California Consumer
7Price Index for all items from November of three calendar years
8prior to November of the prior calendar year, no later than January
931, 2019, and January 31 of every third year thereafter.

10(2) The State Board of Equalization shall do all of the following:

11(A) Compute an inflation adjustment factor by adding 100
12percent to the percentage change figure that is furnished pursuant
13to paragraph (1) and dividing the result by 100.

14(B) Multiply the preceding tax rate per gallon by the inflation
15adjustment factor determined in subparagraph (A) and round off
16the resulting product to the nearest tenth of a cent.

17(C) Make its determination of the new rate no later than March
181 of the same year as the effective date of the new rate.

19(d) Notwithstanding subdivision (b) of Section 7102, all of the
20revenues, less refunds, collected pursuant to this section shall be
21estimated by the State Board of Equalization, with the concurrence
22of the Department of Finance, and transferred quarterly to the
23Public Transportation Account in the State Transportation Fund
24for allocation pursuant to Section 99312.1 of the Public Utilities
25Code.

26

SEC. 16.  

Section 6201.8 of the Revenue and Taxation Code
27 is amended to read:

28

6201.8.  

(a) Except as provided by Section 6357.3, in addition
29to the taxes imposed by this part, an excise tax is hereby imposed
30on the storage, use, or other consumption in this state of diesel
31fuel, as defined in Section 60022, at the rate of 1.75 percent of the
32sales price of the diesel fuel.

33(b) Except as provided by Section 6357.3, in addition to the
34taxes imposed by this part and by subdivision (a), an excise tax is
35hereby imposed on the storage, use, or other consumption in this
36state of diesel fuel, as defined in Section 60022, at the rate of 3.5
37percent of the sales price of the diesel fuel. The tax imposed under
38this subdivision shall be imposed on and after the first day of the
39first calendar quarter that occurs 90 days after the effective date
40of the act adding this subdivision.

P31   1(c) Beginning July 1, 2019, and every third year thereafter, the
2State Board of Equalization shall recompute the rates of the taxes
3imposed by this section. That computation shall be made as
4follows:

5(1) The Department of Finance shall transmit to the State Board
6of Equalization the percentage change in the California Consumer
7Price Index for all items from November of three calendar years
8prior to November of the prior calendar year, no later than January
931, 2019, and January 31 of every third year thereafter.

10(2) The State Board of Equalization shall do all of the following:

11(A) Compute an inflation adjustment factor by adding 100
12percent to the percentage change figure that is furnished pursuant
13to paragraph (1) and dividing the result by 100.

14(B) Multiply the preceding tax rate per gallon by the inflation
15adjustment factor determined in subparagraph (A) and round off
16the resulting product to the nearest tenth of a cent.

17(C) Make its determination of the new rate no later than March
181 of the same year as the effective date of the new rate.

19(d) Notwithstanding subdivision (b) of Section 7102, all of the
20revenues, less refunds, collected pursuant to this section shall be
21estimated by the State Board of Equalization, with the concurrence
22of the Department of Finance, and transferred quarterly to the
23Public Transportation Account in the State Transportation Fund
24for allocation pursuant to Section 99312.1 of the Public Utilities
25Code.

26

SEC. 17.  

Section 7360 of the Revenue and Taxation Code is
27amended to read:

28

7360.  

(a) (1) (A) A tax of eighteen cents ($0.18) is hereby
29imposed upon each gallon of fuel subject to the tax in Sections
307362, 7363, and 7364.

31(B) In addition to the tax imposed pursuant to subparagraph
32(A), on and after the first day of the first calendar quarter that
33occurs 90 days after the effective date of the act adding this
34subparagraph, a tax of seventeen cents ($0.17) is hereby imposed
35upon each gallon of fuel, other than aviation gasoline, subject to
36the tax in Sections 7362, 7363, and 7364.

37(2) If the federal fuel tax is reduced below the rate of nine cents
38($0.09) per gallon and federal financial allocations to this state for
39highway and exclusive public mass transit guideway purposes are
40reduced or eliminated correspondingly, the tax rate imposed by
P32   1subparagraph (A) of paragraph (1), on and after the date of the
2reduction, shall be recalculated by an amount so that the combined
3state rate under subparagraph (A) of paragraph (1) and the federal
4tax rate per gallon equal twenty-seven cents ($0.27).

5(3) If any person or entity is exempt or partially exempt from
6the federal fuel tax at the time of a reduction, the person or entity
7shall continue to be so exempt under this section.

8(b) On and after July 1, 2010, in addition to the tax imposed by
9subdivision (a), a tax is hereby imposed upon each gallon of motor
10vehicle fuel, other than aviation gasoline, subject to the tax in
11Sections 7362, 7363, and 7364 in an amount equal to seventeen
12and three-tenths cents ($0.173) per gallon.

13(c) Beginning July 1, 2019, and every third year thereafter, the
14State Board of Equalization shall recompute the rates of the taxes
15imposed by this section. That computation shall be made as
16follows:

17(1) The Department of Finance shall transmit to the State Board
18of Equalization the percentage change in the California Consumer
19Price Index for all items from November of three calendar years
20prior to November of the prior calendar year, no later than January
2131, 2019, and January 31 of every third year thereafter.

22(2) The State Board of Equalization shall do all of the following:

23(A) Compute an inflation adjustment factor by adding 100
24percent to the percentage change figure that is furnished pursuant
25to paragraph (1) and dividing the result by 100.

26(B) Multiply the preceding tax rate per gallon by the inflation
27adjustment factor determined in subparagraph (A) and round off
28the resulting product to the nearest tenth of a cent.

29(C) Make its determination of the new rate no later than March
301 of the same year as the effective date of the new rate.

31

SEC. 18.  

Section 8352.4 of the Revenue and Taxation Code
32 is amended to read:

33

8352.4.  

(a) Subject to Sections 8352 and 8352.1, and except
34as otherwise provided in subdivision (b), there shall be transferred
35from the money deposited to the credit of the Motor Vehicle Fuel
36Account to the Harbors and Watercraft Revolving Fund, for
37expenditure in accordance with Division 1 (commencing with
38Section 30) of the Harbors and Navigation Code, the sum of six
39million six hundred thousand dollars ($6,600,000) per annum,
40representing the amount of money in the Motor Vehicle Fuel
P33   1Account attributable to taxes imposed on distributions of motor
2vehicle fuel used or usable in propelling vessels. The actual amount
3shall be calculated using the annual reports of registered boats
4prepared by the Department of Motor Vehicles for the United
5States Coast Guard and the formula and method of the December
61972 report prepared for this purpose and submitted to the
7Legislature on December 26, 1972, by the Director of
8Transportation. If the amount transferred during each fiscal year
9is in excess of the calculated amount, the excess shall be
10retransferred from the Harbors and Watercraft Revolving Fund to
11the Motor Vehicle Fuel Account. If the amount transferred is less
12than the amount calculated, the difference shall be transferred from
13the Motor Vehicle Fuel Account to the Harbors and Watercraft
14Revolving Fund. No adjustment shall be made if the computed
15difference is less than fifty thousand dollars ($50,000), and the
16amount shall be adjusted to reflect any temporary or permanent
17increase or decrease that may be made in the rate under the Motor
18Vehicle Fuel Tax Law. Payments pursuant to this section shall be
19made prior to payments pursuant to Section 8352.2.

20(b) Commencing July 1, 2016, the revenues attributable to the
21taxes imposed pursuant to subdivision (b) of Section 7360 and
22Section 7361.1 and otherwise to be deposited in the Harbors and
23Watercraft Revolving Fund pursuant to subdivision (a) shall instead
24be transferred to the Highway Users Tax Account for distribution
25pursuant to Section 2103.1 of the Streets and Highways Code.

26

SEC. 19.  

Section 8352.5 of the Revenue and Taxation Code
27 is amended to read:

28

8352.5.  

(a) (1) Subject to Sections 8352 and 8352.1, and
29except as otherwise provided in subdivision (b), there shall be
30transferred from the money deposited to the credit of the Motor
31Vehicle Fuel Account to the Department of Food and Agriculture
32Fund, during the second quarter of each fiscal year, an amount
33equal to the estimate contained in the most recent report prepared
34pursuant to this section.

35(2) The amounts are not subject to Section 6357 with respect
36to the collection of sales and use taxes thereon, and represent the
37portion of receipts in the Motor Vehicle Fuel Account during a
38calendar year that were attributable to agricultural off-highway
39use of motor vehicle fuel which is subject to refund pursuant to
40Section 8101, less gross refunds allowed by the Controller during
P34   1the fiscal year ending June 30 following the calendar year to
2persons entitled to refunds for agricultural off-highway use
3pursuant to Section 8101. Payments pursuant to this section shall
4be made prior to payments pursuant to Section 8352.2.

5(b) Commencing July 1, 2016, the revenues attributable to the
6taxes imposed pursuant to subdivision (b) of Section 7360 and
7Section 7361.1 and otherwise to be deposited in the Department
8of Food and Agriculture Fund pursuant to subdivision (a) shall
9instead be transferred to the Highway Users Tax Account for
10distribution pursuant to Section 2103.1 of the Streets and Highways
11Code.

12(c) On or before September 30, 2012, and on or before
13September 30 of each even-numbered year thereafter, the Director
14of Transportation and the Director of Food and Agriculture shall
15jointly prepare, or cause to be prepared, a report setting forth the
16current estimate of the amount of money in the Motor Vehicle
17Fuel Account attributable to agricultural off-highway use of motor
18vehicle fuel, which is subject to refund pursuant to Section 8101
19less gross refunds allowed by the Controller to persons entitled to
20refunds for agricultural off-highway use pursuant to Section 8101;
21and they shall submit a copy of the report to the Legislature.

22

SEC. 20.  

Section 8352.6 of the Revenue and Taxation Code
23 is amended to read:

24

8352.6.  

(a) (1) Subject to Section 8352.1, and except as
25otherwise provided in paragraphs (2) and (3), on the first day of
26every month, there shall be transferred from moneys deposited to
27the credit of the Motor Vehicle Fuel Account to the Off-Highway
28Vehicle Trust Fund created by Section 38225 of the Vehicle Code
29an amount attributable to taxes imposed upon distributions of motor
30vehicle fuel used in the operation of motor vehicles off highway
31and for which a refund has not been claimed. Transfers made
32pursuant to this section shall be made prior to transfers pursuant
33to Section 8352.2.

34(2) Commencing July 1, 2016, the revenues attributable to the
35taxes imposed pursuant to subdivision (b) of Section 7360 and
36Section 7361.1 and otherwise to be deposited in the Off-Highway
37Vehicle Trust Fund pursuant to paragraph (1) shall instead be
38transferred to the Highway Users Tax Account for distribution
39pursuant to Section 2103.1 of the Streets and Highways Code.

P35   1(3) The Controller shall withhold eight hundred thirty-three
2thousand dollars ($833,000) from the monthly transfer to the
3Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and
4transfer that amount to the General Fund.

5(b) The amount transferred to the Off-Highway Vehicle Trust
6Fund pursuant to paragraph (1) of subdivision (a), as a percentage
7of the Motor Vehicle Fuel Account, shall be equal to the percentage
8transferred in the 2006-07 fiscal year. Every five years, starting
9in the 2013-14 fiscal year, the percentage transferred may be
10adjusted by the Department of Transportation in cooperation with
11the Department of Parks and Recreation and the Department of
12Motor Vehicles. Adjustments shall be based on, but not limited
13to, the changes in the following factors since the 2006-07 fiscal
14year or the last adjustment, whichever is more recent:

15(1) The number of vehicles registered as off-highway motor
16vehicles as required by Division 16.5 (commencing with Section
1738000) of the Vehicle Code.

18(2) The number of registered street-legal vehicles that are
19anticipated to be used off highway, including four-wheel drive
20vehicles, all-wheel drive vehicles, and dual-sport motorcycles.

21(3) Attendance at the state vehicular recreation areas.

22(4) Off-highway recreation use on federal lands as indicated by
23the United States Forest Service’s National Visitor Use Monitoring
24and the United States Bureau of Land Management’s Recreation
25Management Information System.

26(c) It is the intent of the Legislature that transfers from the Motor
27Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
28should reflect the full range of motorized vehicle use off highway
29for both motorized recreation and motorized off-road access to
30other recreation opportunities. Therefore, the Legislature finds that
31the fuel tax baseline established in subdivision (b), attributable to
32off-highway estimates of use as of the 2006-07 fiscal year,
33accounts for the three categories of vehicles that have been found
34over the years to be users of fuel for off-highway motorized
35recreation or motorized access to nonmotorized recreational
36pursuits. These three categories are registered off-highway
37motorized vehicles, registered street-legal motorized vehicles used
38off highway, and unregistered off-highway motorized vehicles.

39(d) It is the intent of the Legislature that the off-highway motor
40vehicle recreational use to be determined by the Department of
P36   1Transportation pursuant to paragraph (2) of subdivision (b) be that
2usage by vehicles subject to registration under Division 3
3(commencing with Section 4000) of the Vehicle Code, for
4recreation or the pursuit of recreation on surfaces where the use
5of vehicles registered under Division 16.5 (commencing with
6Section 38000) of the Vehicle Code may occur.

7(e) In the 2014-15 fiscal year, the Department of Transportation,
8in consultation with the Department of Parks and Recreation and
9the Department of Motor Vehicles, shall undertake a study to
10determine the appropriate adjustment to the amount transferred
11pursuant to subdivision (b) and to update the estimate of the amount
12attributable to taxes imposed upon distributions of motor vehicle
13fuel used in the operation of motor vehicles off highway and for
14which a refund has not been claimed. The department shall provide
15a copy of this study to the Legislature no later than January 1,
162016.

17

SEC. 21.  

Section 60050 of the Revenue and Taxation Code is
18amended to read:

19

60050.  

(a) (1) A tax of thirteen cents ($0.13) is hereby
20imposed upon each gallon of diesel fuel subject to the tax in
21Sections 60051, 60052, and 60058.

22(2) If the federal fuel tax is reduced below the rate of fifteen
23cents ($0.15) per gallon and federal financial allocations to this
24state for highway and exclusive public mass transit guideway
25purposes are reduced or eliminated correspondingly, the tax rate
26imposed by paragraph (1) shall be increased by an amount so that
27the combined state rate under paragraph (1) and the federal tax
28rate per gallon equal what it would have been in the absence of
29the federal reduction.

30(3) If any person or entity is exempt or partially exempt from
31the federal fuel tax at the time of a reduction, the person or entity
32shall continue to be exempt under this section.

33(b) In addition to the tax imposed pursuant to subdivision (a),
34on and after the first day of the first calendar quarter that occurs
3590 days after the effective date of the act amending this subdivision
36in the 2015 First Extraordinary Session, an additional tax of thirty
37cents ($0.30) is hereby imposed upon each gallon of diesel fuel
38subject to the tax in Sections 60051, 60052, and 60058.

39(c) Beginning July 1, 2019, and every third year thereafter, the
40State Board of Equalization shall recompute the rates of the taxes
P37   1imposed by this section. That computation shall be made as
2follows:

3(1) The Department of Finance shall transmit to the State Board
4of Equalization the percentage change in the California Consumer
5Price Index for all items from November of three calendar years
6prior to November of the prior calendar year, no later than January
731, 2019, and January 31 of every third year thereafter.

8(2) The State Board of Equalization shall do all of the following:

9(A) Compute an inflation adjustment factor by adding 100
10percent to the percentage change figure that is furnished pursuant
11to paragraph (1) and dividing the result by 100.

12(B) Multiply the preceding tax rate per gallon by the inflation
13adjustment factor determined in subparagraph (A) and round off
14the resulting product to the nearest tenth of a cent.

15(C) Make its determination of the new rate no later than March
161 of the same year as the effective date of the new rate.

17

SEC. 22.  

Section 183.1 of the Streets and Highways Code is
18amended to read:

19

183.1.  

Except as otherwise provided in Section 54237.7 of the
20Government Code, money deposited into the account that is not
21subject to Article XIX of the California Constitution, including,
22but not limited to, money that is derived from the sale of
23documents, charges for miscellaneous services to the public,
24condemnation deposits fund investments, rental of state property,
25or any other miscellaneous uses of property or money, shall be
26deposited in the Road Maintenance and Rehabilitation Account
27created pursuant to Section 2031.

28

SEC. 23.  

Section 820.1 of the Streets and Highways Code is
29amended to read:

30

820.1.  

(a) The State of California consents to the jurisdiction
31of the federal courts with regard to the compliance, discharge, or
32enforcement of the responsibilities assumed by the department
33pursuant to Section 326 of, and subsection (a) of Section 327 of,
34Title 23 of the United States Code.

35(b) In any action brought pursuant to the federal laws described
36in subdivision (a), no immunity from suit may be asserted by the
37department pursuant to the Eleventh Amendment to the United
38States Constitution, and any immunity is hereby waived.

P38   1(c) The department shall not delegate any of its responsibilities
2assumed pursuant to the federal laws described in subdivision (a)
3to any political subdivision of the state or its instrumentalities.

4(d) Nothing in this section affects the obligation of the
5department to comply with state and federal law.

6

SEC. 24.  

Chapter 2 (commencing with Section 2030) is added
7to Division 3 of the Streets and Highways Code, to read:

8 

9Chapter  2. Road Maintenance and Rehabilitation
10Program
11

 

12

2030.  

(a) The Road Maintenance and Rehabilitation Program
13is hereby created to address deferred maintenance on the state
14highway system and the local street and road system. Funds made
15available by the program shall be prioritized for expenditure on
16basic road maintenance and road rehabilitation projects, and on
17critical safety projects. For funds appropriated pursuant to
18paragraph (1) of subdivision (d) of Section 2032, the California
19Transportation Commission shall adopt performance criteria,
20consistent with the asset management plan required pursuant to
2114526.4 of the Government Code, to ensure efficient use of the
22funds available for these purposes in the program.

23(b) (1) Funds made available by the program shall be used for
24 projects that include, but are not limited to, the following:

25(A) Road maintenance and rehabilitation.

26(B) Safety projects.

27(C) Railroad grade separations.

28(D) Complete street components, including active transportation
29purposes, pedestrian and bicycle safety projects, transit facilities,
30and drainage and stormwater capture projects in conjunction with
31any other allowable project.

32(E) Traffic control devices.

33(2) Funds made available by the program may also be used to
34satisfy a match requirement in order to obtain state or federal funds
35for projects authorized by this subdivision.

36

2031.  

The following revenues shall be deposited in the Road
37Maintenance and Rehabilitation Account, which is hereby created
38in the State Transportation Fund:

39(a) Notwithstanding subdivision (b) of Section 2103, the portion
40of the revenues in the Highway Users Tax Account attributable to
P39   1the increase in the motor vehicle fuel excise tax by seventeen cents
2($0.17) per gallon pursuant to subdivision (a) of Section 7360 of
3the Revenue and Taxation Code, as adjusted pursuant to
4subdivision (c) of that section.

5(b) The revenues from the increase in the vehicle registration
6fee pursuant to Section 9250.3 of the Vehicle Code.

7(c) The revenues from the increase in the vehicle registration
8fee pursuant to Section 9250.6 of the Vehicle Code.

9(d) The revenues deposited in the account pursuant to Section
10183.1 of the Streets and Highways Code.

11(e) Any other revenues designated for the program.

12

2031.5.  

Each fiscal year the annual Budget Act shall contain
13an appropriation from the Road Maintenance and Rehabilitation
14Account to the Controller for the costs of carrying out his or her
15duties pursuant to this chapter and to the California Transportation
16Commission for the costs of carrying out its duties pursuant to this
17chapter and Section 14526.7 of the Government Code.

18

2032.  

(a) (1) After deducting the amounts appropriated in the
19annual Budget Act, as provided in Section 2031.5, two hundred
20million dollars ($200,000,000) of the remaining revenues deposited
21in the Road Maintenance and Rehabilitation Account shall be set
22aside annually for counties that have sought and received voter
23approval of taxes or that have imposed fees, including uniform
24developer fees as defined by subdivision (b) of Section 8879.67
25of the Government Code, which taxes or fees are dedicated solely
26to transportation improvements. The Controller shall each month
27set aside one-twelfth of this amount, to accumulate a total of two
28hundred million dollars ($200,000,000) in each fiscal year.

29(2) Notwithstanding Section 13340 of the Government Code,
30the funds available under this subdivision in each fiscal year are
31hereby continuously appropriated for allocation to each eligible
32county and each city in the county for road maintenance and
33rehabilitation purposes pursuant to Section 2033.

34(b) (1) After deducting the amounts appropriated in the annual
35Budget Act pursuant to Section 2031.5 and the amount allocated
36in subdivision (a), beginning in the 2017-18 fiscal year, eighty
37million dollars ($80,000,000) of the remaining revenues shall be
38transferred annually to the State Highway Account for expenditure,
39upon appropriation by the Legislature, on the Active Transportation
40Program created pursuant to Chapter 8 (commencing with Section
P40   12380) of Division 3 to be allocated by the California Transportation
2Commission pursuant to Section 2381.

3(2) In addition to the funds transferred in paragraph (1), the
4department shall annually identify savings achieved through
5efficiencies implemented at the department. The department,
6through the annual budget process, shall propose, from the
7identified savings, an appropriation to be included in the annual
8Budget Act of up to seventy million dollars ($70,000,000), but not
9to exceed the total annual identified savings, from the State
10Highway Account for expenditure on the Active Transportation
11Program.

12(c) After deducting the amounts appropriated in the annual
13Budget Act pursuant to Section 2031.5, the amount allocated in
14subdivision (a) and the amount transferred in paragraph (1) of
15subdivision (b), in the 2017-18, 2018-19, 2019-20, and 2020-21
16fiscal years, the sum of thirty million dollars ($30,000,000) in each
17fiscal year from the remaining revenues shall be transferred to the
18Advance Mitigation Fund in the State Transportation Fund created
19pursuant to Section 21207 of the Public Resources Code.

20(d) After deducting the amounts appropriated in the annual
21Budget Act pursuant to Section 2031.5, the amount allocated in
22subdivision (a), and the amounts transferred in paragraph (1) of
23subdivision (b) and in subdivision (c), beginning in the 2017-18
24fiscal year and each fiscal year thereafter, and notwithstanding
25Section 13340 of the Government Code, there is hereby
26continuously appropriated to the California State University the
27sum of two million dollars ($2,000,000) from the remaining
28revenues for the purpose of conducting transportation research and
29transportation-related workforce education, training, and
30development. Prior to the start of each fiscal year, the chairs of the
31Assembly Committee on Transportation and the Senate Committee
32on Transportation and Housing shall confer and set out a
33recommended priority list of research components to be addressed
34in the upcoming fiscal year.

35(e) Notwithstanding Section 13340 of the Government Code,
36the balance of the revenues deposited in the Road Maintenance
37and Rehabilitation Account are hereby continuously appropriated
38as follows:

P41   1(1) Fifty percent for allocation to the department for maintenance
2of the state highway system or for purposes of the state highway
3operation and protection program.

4(2) Fifty percent for apportionment to cities and counties by the
5Controller pursuant to the formula in clauses (i) and (ii) of
6subparagraph (C) of paragraph (3) of subdivision (a) of Section
72103 for the purposes authorized by this chapter.

8

2033.  

(a) On or before January 1, 2017, the commission, in
9cooperation with the department, transportation planning agencies,
10county transportation commissions, and other local agencies, shall
11develop guidelines for the allocation of funds pursuant to
12subdivision (a) of Section 2032.

13(b) The guidelines shall be the complete and full statement of
14the policy, standards, and criteria that the commission intends to
15use to determine how these funds will be allocated.

16(c) The commission may amend the adopted guidelines after
17conducting at least one public hearing.

18

2034.  

(a) (1) Prior to receiving an apportionment of funds
19under the program pursuant to paragraph (2) of subdivision (d) of
20Section 2032 from the Controller in a fiscal year, an eligible city
21or county shall submit to the commission a list of projects proposed
22to be funded with these funds pursuant to an adopted city or county
23budget. All projects proposed to receive funding shall be included
24in a city or county budget that is adopted by the applicable city
25council or county board of supervisors at a regular public meeting.
26The list of projects proposed to be funded with these funds shall
27include a description and the location of each proposed project, a
28proposed schedule for the project’s completion, and the estimated
29useful life of the improvement. The project list shall not limit the
30flexibility of an eligible city or county to fund projects in
31accordance with local needs and priorities so long as the projects
32are consistent with subdivision (b) of Section 2030.

33(2) The commission shall report to the Controller the cities and
34counties that have submitted a list of projects as described in this
35subdivision and that are therefore eligible to receive an
36apportionment of funds under the program for the applicable fiscal
37year. The Controller, upon receipt of the report, shall apportion
38funds to eligible cities and counties.

39(b) For each fiscal year, each city or county receiving an
40apportionment of funds shall, upon expending program funds,
P42   1submit documentation to the commission that includes a description
2and location of each completed project, the amount of funds
3expended on the project, the completion date, and the estimated
4useful life of the improvement.

5

2036.  

(a) Cities and counties shall maintain their existing
6commitment of local funds for street, road, and highway purposes
7in order to remain eligible for an allocation or apportionment of
8funds pursuant to Section 2032.

9(b) In order to receive an allocation or apportionment pursuant
10to Section 2032, the city or county shall annually expend from its
11general fund for street, road, and highway purposes an amount not
12less than the annual average of its expenditures from its general
13fund during the 2009-10, 2010-11, and 2011-12 fiscal years, as
14reported to the Controller pursuant to Section 2151. For purposes
15of this subdivision, in calculating a city’s or county’s annual
16general fund expenditures and its average general fund expenditures
17for the 2009-10, 2010-11, and 2011-12 fiscal years, any
18unrestricted funds that the city or county may expend at its
19discretion, including vehicle in-lieu tax revenues and revenues
20from fines and forfeitures, expended for street, road, and highway
21purposes shall be considered expenditures from the general fund.
22One-time allocations that have been expended for street and
23highway purposes, but which may not be available on an ongoing
24basis, including revenue provided under the Teeter Plan Bond Law
25of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1
26of Division 2 of Title 5 of the Government Code), may not be
27considered when calculating a city’s or county’s annual general
28fund expenditures.

29(c) For any city incorporated after July 1, 2009, the Controller
30shall calculate an annual average expenditure for the period
31between July 1, 2009, and December 31, 2015, inclusive, that the
32city was incorporated.

33(d) For purposes of subdivision (b), the Controller may request
34fiscal data from cities and counties in addition to data provided
35pursuant to Section 2151, for the 2009-10, 2010-11, and 2011-12
36fiscal years. Each city and county shall furnish the data to the
37Controller not later than 120 days after receiving the request. The
38Controller may withhold payment to cities and counties that do
39not comply with the request for information or that provide
40incomplete data.

P43   1(e) The Controller may perform audits to ensure compliance
2with subdivision (b) when deemed necessary. Any city or county
3that has not complied with subdivision (b) shall reimburse the state
4for the funds it received during that fiscal year. Any funds withheld
5or returned as a result of a failure to comply with subdivision (b)
6shall be reapportioned to the other counties and cities whose
7expenditures are in compliance.

8(f) If a city or county fails to comply with the requirements of
9subdivision (b) in a particular fiscal year, the city or county may
10expend during that fiscal year and the following fiscal year a total
11amount that is not less than the total amount required to be
12expended for those fiscal years for purposes of complying with
13subdivision (b).

14

2037.  

A city or county may spend its apportionment of funds
15under the program on transportation priorities other than those
16allowable pursuant to this chapter if the city’s or county’s average
17Pavement Condition Index meets or exceeds 80.

18

2038.  

(a) The department and local agencies, as a condition
19of receiving funds from the program, shall adopt and implement
20a program designed to promote and advance construction
21employment and training opportunities through preapprenticeship
22opportunities, either by the public agency itself or through
23contractors engaged by the public agencies to do work funded in
24whole or in part by funds made available by the program.

25(b) The department and local agencies, as a condition of
26receiving funds from the program, shall ensure the involvement
27of the California Conservation Corps and certified community
28conservation corps in the delivery of projects and services funded
29in whole or in part by funds made available by the program.

30

SEC. 25.  

Section 2103.1 is added to the Streets and Highways
31Code
, to read:

32

2103.1.  

(a) Notwithstanding Section 2103, the revenues
33transferred to the Highway Users Tax Account pursuant to Sections
348352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code
35shall be distributed pursuant to the formula in paragraph (3) of
36subdivision (a) of Section 2103.

37(b) Notwithstanding subdivision (b) of Section 2103, the portion
38of revenues in the Highway Users Tax Account attributable to the
39increase in the motor vehicle fuel excise tax by seventeen cents
40($0.17) per gallon pursuant to subdivision (a) of Section 7360 of
P44   1the Revenue and Taxation Code, as adjusted pursuant to
2subdivision (c) of that section, shall be transferred to the Road
3Maintenance and Rehabilitation Account pursuant to Section 2031.

4(c) Notwithstanding subdivision (b) of Section 2103, the portion
5of revenues in the Highway Users Tax Account attributable to the
6increase in the diesel fuel excise tax by thirty cents ($0.30) per
7gallon pursuant to subdivision (b) of Section 60050 of the Revenue
8and Taxation Code, as adjusted pursuant to subdivision (c) of that
9section, shall be transferred to the Trade Corridors Improvement
10Fund pursuant to Section 2192.4.

11

SEC. 26.  

Section 2192 of the Streets and Highways Code is
12amended to read:

13

2192.  

(a) (1) The Trade Corridors Improvement Fund, created
14pursuant to subdivision (c) of Section 8879.23 of the Government
15Code, is hereby continued in existence to receive revenues from
16state sources other than the Highway Safety, Traffic Reduction,
17Air Quality, and Port Security Bond Act of 2006.

18(2) Revenues apportioned to the state under Section 167 of Title
1923 of the United States Code from the national highway freight
20program, pursuant to the federal Fixing America’s Surface
21Transportation Act (“FAST Act,” Public Law 114-94) shall be
22allocated for projects approved pursuant to this chapter.

23(b) This chapter shall govern the expenditure of those state and
24federal revenues described in subdivision (a).

25(c) The funding described in subdivision (a) shall be available
26upon appropriation for allocation by the California Transportation
27Commission for infrastructure improvements in this state on
28federally designated Trade Corridors of National and Regional
29Significance, on the Primary Freight Network, and along other
30corridors that have a high volume of freight movement, as
31determined by the commission. In determining the projects eligible
32for funding, the commission shall consult the Transportation
33Agency’s state freight plan as described in Section 13978.8 of the
34Government Code and the trade infrastructure and goods movement
35plan submitted to the commission by the Secretary of
36Transportation and the Secretary for Environmental Protection.
37The commission shall also consult trade infrastructure and goods
38movement plans adopted by regional transportation planning
39agencies, adopted regional transportation plans required by state
40and federal law, and the applicable port master plan when
P45   1determining eligible projects for funding. Eligible projects for
2these funds include, but are not limited to, all of the following:

3(1) Highway capacity improvements, rail landside access
4improvements, landside freight access improvements to airports,
5and operational improvements to more efficiently accommodate
6the movement of freight, particularly for ingress and egress to and
7from the state’s land ports of entry, rail terminals, and seaports,
8including navigable inland waterways used to transport freight
9between seaports, land ports of entry, and airports, and to relieve
10 traffic congestion along major trade or goods movement corridors.

11(2) Freight rail system improvements to enhance the ability to
12move goods from seaports, land ports of entry, and airports to
13warehousing and distribution centers throughout California,
14including projects that separate rail lines from highway or local
15road traffic, improve freight rail mobility through mountainous
16regions, relocate rail switching yards, and other projects that
17improve the efficiency and capacity of the rail freight system.

18(3) Projects to enhance the capacity and efficiency of ports.

19(4) Truck corridor and capital and operational improvements,
20including dedicated truck facilities or truck toll facilities.

21(5) Border capital and operational improvements that enhance
22goods movement between California and Mexico and that
23maximize the state’s ability to access funds made available to the
24state by federal law.

25(6) Surface transportation and connector road improvements to
26effectively facilitate the movement of goods, particularly for
27ingress and egress to and from the state’s land ports of entry,
28airports, and seaports, to relieve traffic congestion along major
29trade or goods movement corridors.

30(d) (1) Except as provided in paragraph (2), the commission
31shall allocate the funding described in subdivision (a) for trade
32infrastructure improvements consistent with Section 8879.52 of
33the Government Code and the Trade Corridors Improvement Fund
34 (TCIF) Guidelines adopted by the commission on November 27,
352007, or as amended by the commission, and in a manner that (A)
36addresses the state’s most urgent needs, (B) balances the demands
37of various land ports of entry, seaports, and airports, (C) provides
38reasonable geographic balance between the state’s regions, (D)
39places emphasis on projects that improve trade corridor mobility
40and safety while reducing emissions of diesel particulate and other
P46   1pollutant emissions and reducing other negative community
2impacts, and (E) makes a significant contribution to the state’s
3economy.

4(2) The commission shall allocate the federal freight funding,
5specifically, pursuant to the original TCIF Guidelines, as adopted
6by the commission on November 27, 2007, and in the manner
7described in (A) to (E), inclusive, of paragraph (1).

8(3) In addition, the commission shall also consider the following
9factors when allocating these funds:

10(A) “Velocity,” which means the speed by which large cargo
11would travel from the land port of entry or seaport through the
12distribution system.

13(B) “Throughput,” which means the volume of cargo that would
14move from the land port of entry or seaport through the distribution
15system.

16(C) “Reliability,” which means a reasonably consistent and
17predictable amount of time for cargo to travel from one point to
18another on any given day or at any given time in California.

19(D) “Congestion reduction,” which means the reduction in
20recurrent daily hours of delay to be achieved.

21

SEC. 27.  

Section 2192.1 of the Streets and Highways Code is
22amended to read:

23

2192.1.  

(a) To the extent moneys from the Greenhouse Gas
24Reduction Fund, attributable to the auction or sale of allowances
25as part of a market-based compliance mechanism relative to
26reduction of greenhouse gas emissions, are transferred to the Trade
27Corridors Improvement Fund, projects funded with those moneys
28shall be subject to all of the requirements of existing law applicable
29to the expenditure of moneys appropriated from the Greenhouse
30Gas Reduction Fund, including, but not limited to, all of the
31following:

32(1) Projects shall further the regulatory purposes of the
33California Global Warming Solutions Act of 2006 (Division 25.5
34(commencing with Section 38500) of the Health and Safety Code),
35including reducing emissions from greenhouse gases in the state,
36directing public and private investment toward disadvantaged
37communities, increasing the diversity of energy sources, or creating
38opportunities for businesses, public agencies, nonprofits, and other
39community institutions to participate in and benefit from statewide
40efforts to reduce emissions of greenhouse gases.

P47   1(2) Projects shall be consistent with the guidance developed by
2the State Air Resources Board pursuant to Section 39715 of the
3Health and Safety Code.

4(3) Projects shall be consistent with the required benefits to
5disadvantaged communities pursuant to Section 39713 of the
6Health and Safety Code.

7(b) All allocations of funds made by the commission pursuant
8to this section shall be made in a manner consistent with the criteria
9expressed in Section 39712 of the Health and Safety Code and
10with the investment plan developed by the Department of Finance
11pursuant to Section 39716 of the Health and Safety Code.

12(c) For purposes of this section, “disadvantaged community”
13means a community with any of the following characteristics:

14(1) An area with a median household income less than 80
15percent of the statewide median household income based on the
16most current census tract-level data from the American Community
17Survey.

18(2) An area identified by the California Environmental
19Protection Agency pursuant to Section 39711 of the Health and
20Safety Code.

21(3) An area where at least 75 percent of public school students
22are eligible to receive free or reduced-price meals under the
23National School Lunch Program.

24

SEC. 28.  

Section 2192.2 of the Streets and Highways Code is
25amended to read:

26

2192.2.  

The commission shall allocate funds made available
27by this chapter to projects that have identified and committed
28supplemental funding from appropriate local, federal, or private
29sources. The commission shall determine the appropriate amount
30of supplemental funding each project should have to be eligible
31for moneys based on a project-by-project review and an assessment
32of the project’s benefit to the state and the program. Funded
33improvements shall have supplemental funding that is at least equal
34to the amount of the contribution under this chapter. The
35commission may give priority for funding to projects with higher
36levels of committed supplemental funding.

37

SEC. 29.  

Section 2192.4 is added to the Streets and Highways
38Code
, to read:

39

2192.4.  

Notwithstanding subdivision (b) of Section 2103, the
40portion of the revenues in the Highway Users Tax Account
P48   1attributable to the increase in the diesel fuel excise tax by thirty
2cents ($0.30) per gallon pursuant to subdivision (b) of Section
360050 of the Revenue and Taxation Code, as adjusted pursuant to
4subdivision (c) of that section, shall be deposited in the Trade
5Corridors Improvement Fund.

6

SEC. 30.  

Section 9250.3 is added to the Vehicle Code, to read:

7

9250.3.  

(a) In addition to any other fees specified in this code
8or the Revenue and Taxation Code, commencing 120 days after
9the effective date of the act adding this section, a registration fee
10of thirty-eight dollars ($38) shall be paid to the department for
11registration or renewal of registration of every vehicle subject to
12registration under this code, except those vehicles that are expressly
13exempted under this code from payment of registration fees.

14(b) Beginning July 1, 2019, and every third year thereafter, the
15Department of Motor Vehicles shall adjust the fee imposed under
16this section for inflation in an amount equal to the change in the
17California Consumer Price Index for the prior three-year period,
18as calculated by the Department of Finance, with amounts equal
19to or greater than fifty cents ($0.50) rounded to the next highest
20whole dollar.

21(c) Revenues from the fee, after the deduction of the
22department’s administrative costs related to this section, shall be
23deposited in the Road Maintenance and Rehabilitation Account
24created pursuant to Section 2031 of the Streets and Highways
25Code.

26

SEC. 31.  

Section 9250.6 is added to the Vehicle Code, to read:

27

9250.6.  

(a) In addition to any other fees specified in this code,
28or the Revenue and Taxation Code, commencing 120 days after
29the effective date of the act adding this section, a registration fee
30of one hundred and sixty-five dollars ($165) shall be paid to the
31department for registration or renewal of registration of every
32zero-emission motor vehicle subject to registration under this code,
33except those motor vehicles that are expressly exempted under
34this code from payment of registration fees.

35(b) Beginning July 1, 2019, and every third year thereafter, the
36Department of Motor Vehicles shall adjust the fee imposed under
37this section for inflation in an amount equal to the change in the
38California Consumer Price Index for the prior three-year period,
39 as calculated by the Department of Finance, with amounts equal
P49   1to or greater than fifty cents ($0.50) rounded to the next highest
2whole dollar.

3(c) Revenues from the fee, after deduction of the department’s
4administrative costs related to this section, shall be deposited in
5the Road Maintenance and Rehabilitation Account created pursuant
6to Section 2031 of the Streets and Highways Code.

7(d) This section does not apply to a commercial motor vehicle
8subject to Section 9400.1.

9(e) The registration fee required pursuant to this section does
10not apply to the initial registration after the purchase of a new
11zero-emission motor vehicle.

12(f) For purposes of this section, “zero-emission motor vehicle”
13means a motor vehicle as described in subdivisions (c) and (d) of
14Section 44258 of the Health and Safety Code, or any other motor
15vehicle that is able to operate on any fuel other than gasoline or
16diesel fuel.

17

SEC. 32.  

Section 9400.5 is added to the Vehicle Code, to read:

18

9400.5.  

(a) Notwithstanding Sections 9400.1, 9400.4, and
1942205 of this code, Sections 16773 and 16965 of the Government
20Code, Section 2103 of the Streets and Highways Code, or any
21other law, weight fee revenues shall only be transferred consistent
22with the schedule provided in subdivision (b) from the State
23Highway Account to the Transportation Debt Service Fund, the
24Transportation Bond Direct Payment Account, or any other fund
25or account for the purpose of payment of the debt service on
26transportation general obligation bonds and shall not be loaned to
27the General Fund.

28(b) (1) The transfer of weight fee revenues, after deduction of
29collection costs, from the State Highway Account pursuant to
30subdivision (a) shall not exceed:

31(A) 80 percent of the total weight fees in the 2017-18 fiscal
32year.

33(B) 60 percent of the total weight fees in the 2018-19 fiscal
34year.

35(C) 40 percent of the total weight fees in the 2019-20 fiscal
36year.

37(D) 20 percent of the total weight fees in the 2020-2021 fiscal
38year.

P50   1(2) No weight fees, after deduction of collection costs, shall be
2transferred from the State Highway Account after the 2020-21
3fiscal year.

4

SEC. 33.  

This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:

8In order to provide additional funding for road maintenance and
9rehabilitation purposes as quickly as possible, it is necessary for
10this act to take effect immediately.



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