BILL NUMBER: AB 268 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 16, 2008
PASSED THE ASSEMBLY SEPTEMBER 16, 2008
AMENDED IN SENATE SEPTEMBER 15, 2008
AMENDED IN SENATE JUNE 19, 2008
AMENDED IN ASSEMBLY MAY 3, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Committee on Budget
FEBRUARY 5, 2007
An act to amend Sections 8879.55, 8879.56, 14556.7, 14556.75,
14556.8, and 16965 of, to add Articles 2.5 (commencing with Section
8879.52) and 11 (commencing with Section 8879.66) to Chapter 12.491
of Division 1 of Title 2 of, and to add and repeal Section 14556.85
of, the Government Code, to amend Section 99312 of the Public
Utilities Code, to amend Sections 7102, 7103, 7104, and 7104.2 of the
Revenue and Taxation Code, to amend Sections 182.6 and 182.7 of, and
to add Article 3.7 (commencing with Section 157) to Chapter 1 of
Division 1 of, the Streets and Highways Code, and to amend Sections
1678, 9250.13, and 9553.5 of, to amend, repeal, and add Sections 9554
and 9554.5 of, and to add Section 9553.7 to, the Vehicle Code,
relating to transportation, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 268, Committee on Budget. Transportation.
(1) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, approved by the voters
as Proposition 1B at the November 7, 2006, general election,
authorizes the issuance of $19.925 billion of general obligation
bonds for specified purposes, including $2 billion to be transferred
to the Trade Corridors Improvement Fund (TCIF) for allocation by the
California Transportation Commission for infrastructure improvements
along designated corridors, upon appropriation in the annual Budget
Act. Eligible TCIF projects include, but are not limited to, highway
capacity improvements and operational improvements, freight rail
system improvements, projects to enhance the capacity and efficiency
of ports, and truck corridor improvements, subject to commission
determination, as specified. Existing law requires the commission to
allocate TCIF funds to projects that have identified and committed
supplemental funding from appropriate local, federal, or private
sources.
This bill would require the commission to evaluate the potential
costs and benefits of the TCIF program on the economy, environment,
and public health, and would require collaboration with the State Air
Resources Board in that regard. The bill would set forth a minimum
allocation schedule for approved TCIF projects, and would make the
Colton Crossing project ineligible for TCIF funding under specified
circumstances. The bill would require the commission and local
transportation agencies to collaborate to select new projects upon
the deprogramming of any TCIF project, as specified. The bill would
also require the Department of Transportation, by February 18, 2009,
to report to the Legislature regarding specified TCIF railroad
agreements.
(2) Proposition 1B also requires that specified proceeds from the
bonds be deposited in the Public Transportation Modernization,
Improvement, and Service Enhancement Account to be made available,
upon appropriation by the Legislature, to the Department of
Transportation for intercity rail projects and to certain transit
operators for transportation projects and improvements, as specified.
With respect to funds appropriated from that account by the Budget
Act of 2007, existing law requires the Controller, upon
appropriation of those funds, to identify and develop a list of
eligible project sponsors and the amount each is eligible to receive
using specified computations. Existing law requires an eligible
project sponsor to submit certain information to the Department of
Transportation regarding the proposed project prior to seeking a
disbursement of funds and requires the department to conduct a review
of that information and to biannually adopt a list of eligible
projects. Existing law imposes other related duties with respect to
these funds on the Controller, the department, and the California
Transportation Commission. Existing law makes these provisions
inoperative on July 1, 2008, and repealed on January 1, 2009.
This bill would apply those provisions to funds appropriated from
the account by the Budget Act of 2008 and would make other conforming
changes. The bill would make these provisions inoperative on July 1,
2009, and repealed on January 1, 2010.
(3) Proposition 1B also provides for $1 billion of bond proceeds
for the State-Local Partnership Program to be allocated by the
California Transportation Commission to eligible transportation
projects nominated by transportation agencies, subject to
appropriation by the Legislature of moneys from the State-Local
Partnership Program Account. Existing law requires a
dollar-for-dollar match of local funds for projects funded with these
bond funds.
This bill would describe the categories of projects that may be
funded through the State-Local Partnership Program, create
continuously appropriated subaccounts within the State-Local
Partnership Program Account for those purposes, thereby making an
appropriation, establish which entities are eligible to apply for
funding, establish specified allocations pursuant to a geographical
and revenue-based or population-based formula or on a competitive
basis, establish timelines for expenditure of the funds, and provide
for the reallocation of funding if those timelines are not met. The
bill would limit the amount of bond funding for a single project
under the competitive portion of the program to $1,000,000 in a
single funding cycle. The bill would define eligible local matching
funds under the program for purposes of the required
dollar-for-dollar match. The bill would require the commission to
include in its annual report to the Legislature a summary of its
activities related to the program, as specified. The bill would also
set forth a statement of legislative intent with regard to the
program.
(4) Existing law, until July 1, 2008, authorizes the Department of
Transportation, in order to provide adequate cash for transportation
projects and for support of the department, to transfer funds among
4 specified transportation funds or accounts as short-term loans,
subject to any terms and conditions imposed by the Director of
Finance. Under these provisions, a short-term loan is subject to the
condition that it be repaid in full to the fund or account from which
it was loaned during the same fiscal year in which the loan was made
or 30 days after enactment of the Budget Act for the subsequent
fiscal year, and is subject to the further condition that the loan be
repaid whenever the funds are needed to meet cash expenditure needs
in the loaning fund or account. These provisions are inoperative on
July 1, 2008, and are repealed on January 1, 2009.
This bill would extend the inoperative and repeal dates to July 1,
2011, and January 1, 2012, respectively, thereby restoring these
provisions, and would include the Transportation Deferred Investment
Fund as a fund to or from which the Department of Transportation
would be authorized to transfer moneys as short-term loans. The bill
would also impose specified monetary limitations and repayment
requirements on any short-term cash flow loan made from the General
Fund to the State Highway Account.
(5) Existing law authorizes various loans from the Motor Vehicle
Account, the Public Transportation Account, and the State Highway
Account to the Traffic Congestion Relief Fund. Existing law also
authorizes money in the Traffic Congestion Relief Fund derived from
the General Fund to be loaned to the General Fund. These loans are
required to be repaid, as specified.
This bill would require the Director of Transportation to report
to the California Transportation Commission the amounts of loans to
each fund or account that are outstanding under these provisions as
of the end of each quarter.
(6) Existing law, pursuant to Proposition 116 of 1990, creates the
Public Transportation Account as a trust fund in the State
Transportation Fund, provides that revenues are to be deposited in
the account from a specified portion of the sales taxes on gasoline
and diesel fuel, and provides that moneys in the account are
available for expenditure only for transportation planning and mass
transportation purposes. Existing law provides that the Legislature
shall appropriate these funds for specified transportation programs,
including the State Transit Assistance program, under which funds are
allocated by the Controller to transit operators and other agencies.
Existing law also creates the Transportation Investment Fund,
which receives the portion of gasoline sales tax revenues that is
dedicated to various transportation purposes by Article XIX B of the
California Constitution. Twenty percent of these revenues are
transferred to the Public Transportation Account.
This bill would continuously appropriate the revenues to be
allocated to the State Transit Assistance program from these sources.
This bill would also authorize the Director of Finance to
authorize the transfer of not more than $60 million as an
interest-free loan from the Traffic Congestion Relief Fund to the
Public Transportation Account, to be repaid no later than July 1,
2011, or earlier if the Traffic Congestion Relief Fund needs the
funds. The bill would require the Director of Transportation to
report to the California Transportation Commission the amounts of
loans outstanding under these provisions as of the end of each
quarter.
(7) Existing law, notwithstanding the requirement for certain
gasoline sales tax revenues to be deposited in the Public
Transportation Account as described in (6) above, instead requires,
beginning with the 2008-09 fiscal year, and in each fiscal year
thereafter, 50% of a specified portion of these revenues to be
transferred to the Mass Transportation Fund.
This bill, for the 2008-09 fiscal year, would require $234,852,000
to be transferred each quarter to the Mass Transportation Fund from
the specified revenues, notwithstanding the provision requiring 50%
of those revenues to be transferred.
(8) Existing law creates the Mass Transportation Fund and the
Transportation Debt Service Fund in the State Treasury for the
purpose, among other things, of using transportation revenues for the
payment of debt service on transportation bonds, to reimburse the
General Fund for past debt service payments on transportation bonds,
and for certain payments required to be made by the General Fund to
transportation funds governed by Article XIX B of the California
Constitution. Existing law specifies the payments that are authorized
to be made from revenues available in the 2007-08 fiscal year.
This bill would revise the provisions governing the Mass
Transportation Fund to specify the payments that are authorized to be
made from revenues available to the fund in the 2008-09 fiscal year.
The bill would revise the provisions governing the Transportation
Debt Service Fund to authorize the Director of Finance to reimburse
the General Fund, with moneys received in the 2008-09 fiscal year,
any amount necessary to offset the cost of debt service made in any
fiscal year for transportation-related general obligation bond
expenditures.
(9) Existing federal law apportions transportation funds to the
states under various programs, including the Surface Transportation
Program and the Congestion Mitigation and Air Quality Program,
subject to certain conditions on the use of those funds. Existing law
provides for a portion of these funds to be allocated by the
Department of Transportation to regional transportation agencies for
expenditure on local transportation projects, subject to various
conditions that are administered by the department.
This bill would require the department to deduct from the funds
available for allocation to regional transportation agencies the
amount authorized by the Legislature for increased oversight by the
department of these funds.
(10) Existing federal law, the federal Energy Tax Incentives Act
of 2005, authorizes a category of tax credit bonds, Clean Renewable
Energy Bonds (CREBs), to provide financing for renewable energy
projects. The act provides that a bond shall not be treated as a
clean renewable energy bond unless it is part of an issue that
provides for an equal amount of principal to be paid by the qualified
issuer during each calendar year that the issue is outstanding. The
act becomes inoperative with respect to any bond issued after
December 31, 2008, and requires that 95% or more of the net proceeds
of any bond issue be expended within 5 years of that issuance.
Existing law creates the Special Deposit Fund in the State
Treasury. Moneys in the Special Deposit Fund are continuously
appropriated to fulfill the purposes for which payments into it are
made.
This bill would authorize the Department of Transportation to
issue Clean Renewable Energy Bonds for purposes of financing the
acquisition and installation of solar energy systems at department
facilities, subject to the conditions and terms of the federal Energy
Tax Incentives Act of 2005, and would authorize the department to
enter into specified agreements with the California Alternative
Energy and Advanced Transportation Financing Authority for those
purposes, as specified. The bill would establish the Clean Renewable
Energy Bonds Subaccount in the Special Deposit Fund, a continuously
appropriated fund, for the purpose of receiving net proceeds from the
bond issue, thereby making an appropriation. The bill would also
provide that the solar energy systems are eligible for, and required
to comply with, specified net energy metering or another
feed-in-tariff program. The bill would require the department to
report to the Legislature annually with regard to the bond issue and
the acquisition and installation of the solar energy systems, as
specified. The bill would further make a statement of legislative
intent.
(11) Existing law establishes fees for original and renewal
registration of vehicles, and weight fees for commercial vehicles, to
be collected by the Department of Motor Vehicles. Existing law
requires that these fee amounts be adjusted annually by increasing
each fee in an amount equal to the increase in the California
Consumer Price Index, as specified.
This bill would require that any increases in these fees, enacted
by legislation subsequent to January 1, 2005, be deemed to be changes
to the base fee for purposes of calculating the annual fee
adjustment.
Existing law also establishes various penalty fees for late
registration and renewal of vehicles.
Under existing law, in addition to the other fees imposed for the
registration or renewal of registration of a vehicle, additional
registration and renewal fees are imposed, which are expended to
support specified staffing levels of peace officer members of the
Department of the California Highway Patrol (CHP) and to offset the
costs of maintaining or increasing the level of uniformed field
strength of the CHP.
This bill would revise the provisions relating to late fees by
imposing a late penalty on the delinquent payment of these additional
registration and renewal fees that would only apply to an original
registration fee due, or the renewal of registration for a vehicle
with an expiration date, on or after December 1, 2008. The bill would
also increase from $6 to $18 one of the fees imposed under these
provisions.
(12) This bill would declare that it is to take effect immediately
as an urgency measure.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.5 (commencing with Section 8879.52) is added
to Chapter 12.491 of Division 1 of Title 2 of the Government Code, to
read:
Article 2.5. Trade Corridors Improvement Fund
8879.52. (a) The commission shall evaluate, consistent with the
commission's Trade Corridors Improvement Fund (TCIF) Guidelines,
adopted November 27, 2007, as part of the 2010 TCIF review, the total
potential costs and total potential economic and noneconomic
benefits of the program to California's economy, environment, and
public health. The commission shall consult with the State Air
Resources Board in order to utilize the appropriate models,
techniques, and methods to develop the evaluation required by this
subdivision.
(b) With respect to the two billion dollars ($2,000,000,000)
appropriated from the TCIF, as described in paragraph (1) of
subdivision (c) of Section 8879.23, and the five hundred million
dollars ($500,000,000) to be made available from the State Highway
Account, the following programming schedule shall apply:
(1) The Los Angeles/Inland Empire Corridor shall receive a minimum
of one billion five hundred million dollars ($1,500,000,000).
(2) The San Diego/International Border Corridor shall receive a
minimum of two hundred fifty million dollars ($250,000,000).
(3) The San Francisco Bay/Central Valley Corridor shall receive a
minimum of six hundred forty million dollars ($640,000,000).
(4) Other corridors, as determined by the commission, shall
receive a minimum of sixty million dollars ($60,000,000).
(c) The corridors referenced in subdivision (b) shall receive the
minimum amount of funding programmed for that corridor
notwithstanding the deprogramming of any project or projects in that
corridor by the commission. If a project is or projects are
deprogrammed, the commission shall collaborate with the local
transportation agencies in that corridor to select another project or
projects for programming of those funds within the minimum amount
provided to each corridor pursuant to subdivision (b).
(d) If the Colton Crossing project programmed in the commission's
TCIF Program as of April 10, 2008, does not meet the requirements or
delivery schedule contained in its project baseline agreement when
reviewed by the commission no later than March 2010, the project
shall be ineligible to receive an allocation from the TCIF. The
ninety-seven million dollars ($97,000,000) associated with the
project shall then be available for programming in the Los
Angeles/Inland Empire Corridor. In that event, the commission shall
collaborate with the local transportation agencies in that corridor
to select another project or projects for programming of those funds,
and, in making that selection, shall take into consideration the Los
Angeles/Inland Empire Corridor Tier One or Tier Two Project Lists
and any other project identified by the local agencies. Projects
currently receiving TCIF funding shall not be considered for
selection.
(e) On or before February 18, 2009, the department shall report to
the policy committees of each house of the Legislature with
jurisdiction over transportation matters, a summary of any memorandum
of understanding or any other agreement executed between a railroad
company and any state or local transportation agency as it relates to
any project funded with moneys allocated from the TCIF.
SEC. 2. Section 8879.55 of the Government Code is amended to read:
8879.55. For funds appropriated for fiscal year 2008-09 in the
Budget Act of 2008 from the Public Transportation Modernization,
Improvement, and Service Enhancement Account (PTMISEA) established
pursuant to paragraph (1) of subdivision (f) of Section 8879.23, the
following shall apply:
(a) (1) Upon appropriation of funds from PTMISEA, the Controller
shall identify and develop a list of eligible project sponsors, as
defined in paragraph (2) of subdivision (h), and the amount each is
eligible to receive pursuant to the formula in paragraph (3) of
subdivision (f) of Section 8879.23. It is the intent of the
Legislature that funds allocated to project sponsors pursuant to this
section provide each project sponsor with the same proportional
share of funds as the proportional share each received from the
allocation of State Transit Assistance funds, pursuant to Sections
99313 and 99314 of the Public Utilities Code, over fiscal years
2004-05, 2005-06, and 2006-07.
(2) In establishing the amount of funding each project sponsor is
eligible to receive from funds to be allocated based on Section 99313
of the Public Utilities Code, the Controller shall make the
following computations:
(A) For each project sponsor, compute the amounts of State Transit
Assistance funds allocated to that entity pursuant to Section 99313
of the Public Utilities Code during the 2004-05, 2005-06, and 2006-07
fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99313 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each project sponsor, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
appropriated for allocation from PTMISEA.
(3) In establishing the amount of funding each project sponsor is
eligible to receive from funds to be allocated based on Section 99314
of the Public Utilities Code, the Controller shall make the
following computations:
(A) For each project sponsor, compute the amounts of State Transit
Assistance funds allocated to that entity pursuant to Section 99314
of the Public Utilities Code during the 2004-05, 2005-06, and 2006-07
fiscal years.
(B) Compute the total statewide allocation of State Transit
Assistance funds pursuant to Section 99314 of the Public Utilities
Code during the 2004-05, 2005-06, and 2006-07 fiscal years.
(C) Divide subparagraph (A) by subparagraph (B).
(D) For each project sponsor, multiply the allocation factor
computed pursuant to subparagraph (C) by 50 percent of the amount
appropriated for allocation from PTMISEA.
(4) The Controller shall notify project sponsors of the amount of
funding each is eligible to receive from PTMISEA for the 2008-09
fiscal year based on the computations pursuant to subparagraph (D) of
paragraph (2) and subparagraph (D) of paragraph (3).
(b) Prior to seeking a disbursement of funds for an eligible
PTMISEA capital project, a project sponsor on the list developed
pursuant to paragraph (1) of subdivision (a) shall submit to the
department a description of the proposed capital project or projects
it intends to fund with PTMISEA funds for fiscal year 2008-09. The
description shall include all of the following:
(1) A summary of the proposed project, which shall describe the
benefit the project intends to achieve.
(2) The useful life of the project, which shall not be less than
the required useful life for capital assets pursuant to the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2), specifically subdivision
(a) of Section 16727.
(3) The estimated schedule for the completion of the project.
(4) The total cost of the proposed project, including the
identification of all funding sources necessary for the project to be
completed.
(c) After receiving the information required to be submitted under
subdivision (b), the department shall review the information solely
to determine all of the following:
(1) The project is consistent with the requirements for funding
under paragraph (1) of subdivision (f) of Section 8879.23.
(2) The project is a capital improvement that meets the
requirements of the state's general obligation bond law and has a
useful life consistent with paragraph (2) of subdivision (b).
(3) The project, or a minimum operable segment of the project, is,
or will become, fully funded with an allocation of funds from the
PTMISEA, and the funds can be encumbered within three years of the
allocation based on the department's review of the project's phase or
schedule for completion, as submitted by the project sponsor.
(d) (1) Upon conducting the review required in subdivision (c) and
determining the proposed projects to be in compliance with the
requirements of that subdivision, the department shall biannually
adopt a list of projects eligible for an allocation from the funds
appropriated to the account in fiscal year 2008-09.
(2) Upon adoption of the list by the department, the department
shall provide the list of projects eligible for funding to the
Controller.
(e) Upon receipt of the information required in subdivision (d),
the Controller's office shall commence any necessary actions to
allocate funds to the project sponsors on the list of projects,
including, but not limited to, seeking the issuance of bonds for that
purpose. The total allocations to any one project sponsor shall not
exceed that project sponsor's share of funds from the PTMISEA
pursuant to the formula contained in subdivision (a).
(f) The audit of public transportation operator finances already
required under the Transportation Development Act pursuant to Section
99245 of the Public Utilities Code shall be expanded to include
verification of receipt and appropriate expenditure of bond funds
pursuant to this section. Each sponsoring entity receiving bond funds
from this account in a fiscal year for which an audit is conducted
shall transmit a copy of the audit to the department, and the
department shall make the audits available to the Legislature and the
Controller for review on request.
(g) The commission shall include in its annual report to the
Legislature, required by Section 14535, a summary of the state
agencies' activities related to the administration of funds from the
account, including the administration of funds made available to the
department for intercity rail improvements pursuant to paragraph (2)
of subdivision (f) of Section 8879.23. The summary, at a minimum,
shall include a description and the location of the projects funded
from the account, the amount of funds allocated to each project, the
status of each project, a description of the public benefit expected
from each project, and a designation of any projects that have been
subject to an audit under subdivision (f). The department and project
sponsors shall provide the commission with necessary information for
the preparation of the summary required under this subdivision.
(h) For purposes of this section, the following terms shall have
the following meanings:
(1) "Project" means a capital improvement authorized under
paragraph (1) of subdivision (f) of Section 8879.23 or a transit
capital project, including a bus, rail or waterborne transit capital
project, or minimum operable segment thereof, that is consistent with
the project sponsor's most recently adopted short-range transit
plan, or other publicly-adopted plan that programs or prioritizes the
expenditure of funds for transit capital improvements.
(2) "Project sponsor" means a transit operator, including a rail
transit, commuter rail, bus, or waterborne transit operator, eligible
to receive an allocation of funds under the State Transit Assistance
program pursuant to Sections 99314 and 99314.3 of the Public
Utilities Code, or a local agency, including a transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, eligible to receive an
allocation of funds under the State Transit Assistance program
pursuant to Section 99313 of the Public Utilities Code.
(i) A project sponsor that is identified to receive an allocation
of funds under this section, but that does not submit a project for
funding in the 2008-09 fiscal year, may utilize its funding share in
a subsequent fiscal year.
SEC. 3. Section 8879.56 of the Government Code is amended to read:
8879.56. This article shall become inoperative on July 1, 2009,
and, as of January 1, 2010, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2010, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 4. Article 11 (commencing with Section 8879.66) is added to
Chapter 12.491 of Division 1 of Title 2 of the Government Code, to
read:
Article 11. State-Local Partnership Program
8879.66. (a) It is the intent of the Legislature, pursuant to
subdivision (g) of Section 8879.23, to establish criteria and
conditions for use of the funds in the State-Local Partnership
Program Account in the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Fund of 2006. These criteria and
conditions shall include, but need not be limited to, eligibility of
applicants, eligibility of projects, timely use of funds, and
relationship of funds in the account to other funds for
transportation purposes.
(b) The purpose of the State-Local Partnership Program is to do
both of the following:
(1) Reward "self-help" counties, cities, districts, and regional
transportation agencies in which voters have approved fees or taxes
solely dedicated to transportation improvements.
(2) Provide funds for a wide variety of capital projects that are
typically funded in local or regional voter-approved expenditure
plans and that provide mobility, accessibility, system connectivity,
safety, or air quality benefits.
(c) It is further the intent of the Legislature that all funds
available in the account, pursuant to subdivision (g) of Section
8879.23, shall be made available for allocation by the commission
over a period of five years.
8879.67. For purposes of this article, the following definitions
shall apply:
(a) "Program" means the State-Local Partnership Program
established in this article and funded pursuant to subdivision (g) of
Section 8879.23.
(b) "Uniform developer fees" means developer fees imposed pursuant
to existing statutory authority, including, but not limited to,
Chapter 5 (commencing with Section 66000) of Division 1 of Title 7
and Article 5 (commencing with Section 66483) of Chapter 4 of
Division 2 of Title 7. The developer fees must be imposed by a local
ordinance or resolution adopted by a city, county, or city and county
and must be dedicated to transportation purposes to address
cumulative transportation impacts. The developer fees must be
uniformly applied to new development within a defined area or
jurisdiction, except in cases in which fees are waived, such as for
affordable housing development. Developer fees imposed to mitigate
onsite impacts related to a specific development project do not
qualify as uniform developer fees under this subdivision.
8879.68. An eligible applicant under the program shall be a local
or regional transportation agency that has responsibility for
funding, procuring, or constructing transportation improvements
within its jurisdiction, and that does either of the following:
(a) Has sought and received voter approval for the imposition of
taxes or fees solely dedicated to transportation improvements and
administers those taxes or fees.
(b) Has imposed uniform developer fees.
8879.69. Eligible local matching funds required to obtain funding
under the program shall be obtained from revenues from any
voter-approved local or regional tax or fee solely dedicated to
transportation improvements, or from uniform developer fees. Tax or
fee, for purposes of this section, means a countywide or citywide
sales tax, a property or parcel tax in a county or counties or
district, and voter-approved bridge tolls or voter-approved fees
dedicated to specific transportation improvements.
8879.70. (a) Eligible projects shall include all of the
following:
(1) Improvements to the state highway system, including, but not
limited to, all of the following:
(A) Major rehabilitation of an existing segment that extends the
useful life of the segment by at least 15 years.
(B) New construction to increase capacity of a highway segment
that improves mobility or reduces congestion on that segment.
(C) Safety or operational improvements on a highway segment that
are intended to reduce accidents and fatalities or improve traffic
flow on that segment.
(2) Improvements to transit facilities, including guideways, that
expand transit services, increase transit ridership, improve transit
safety, enhance access or convenience of the traveling public, or
otherwise provide or facilitate a viable alternative to driving.
(3) The acquisition, retrofit, or rehabilitation of rolling stock,
buses, or other transit equipment, including, but not limited to,
maintenance facilities, transit stations, transit guideways,
passenger shelters, and fare collection equipment with a useful life
of at least 10 years. The acquisition of vans, buses, and other
equipment necessary for the provision of transit services for seniors
and people with disabilities by transit and other local agencies is
an eligible project under this paragraph.
(4) Improvements to the local road system, including, but not
limited to, both of the following:
(A) Major roadway rehabilitation, resurfacing, or reconstruction
that extends its useful life by at least 15 years.
(B) New construction and facilities to increase capacity, improve
mobility, or enhance safety.
(5) Improvements to bicycle or pedestrian safety or mobility with
a useful life of at least 15 years.
(6) Improvements to mitigate the environmental impacts of new
transportation infrastructure on a locality's or region's air quality
or water quality, commonly known as "urban runoff," including, but
not limited to, the installation of catch basin screens, filters, and
inserts, or other best management practices for capturing or
treating urban runoff.
(b) For purposes of the program, a separate phase or stage of
construction for an eligible project may include mitigation of the
project's environmental impacts, including, but not limited to,
soundwalls, landscaping, wetlands or habitat restoration or creation,
replacement plantings, and drainage facilities.
8879.71. (a) For purposes of distributing funds annually
appropriated by the Legislature to the State-Local Partnership
Program Account, the commission shall segregate the funds into two
separate subaccounts, which are hereby created in the account, as
follows:
(1) Ninety-five percent of the funds shall be deposited into the
Voter-Approved Taxes and Fees Subaccount and shall be made available
to eligible applicants as defined in subdivision (a) of Section
8879.68 for expenditure on eligible projects, as approved by the
commission. Funds in this subaccount shall be distributed by formula,
pursuant to Section 8879.72.
(2) Five percent of the funds shall be deposited into the Uniform
Developer Fees Subaccount and shall be made available to eligible
applicants as defined in subdivision (b) of Section 8879.68 for
expenditure on eligible projects, as approved by the commission.
Funds in this subaccount shall be distributed through a competitive
grant application process to be administered by the commission
pursuant to Section 8879.73.
(b) Notwithstanding Section 13340, the money in the subaccounts
described in subdivision (a) are hereby appropriated, without regard
to fiscal year, to the commission for the purposes described in
subdivision (a).
8879.72. (a) To establish the funding shares for each eligible
applicant described in paragraph (1) of subdivision (a) of Section
8879.71, the commission shall do the following prior to the
commencement of a funding cycle:
(1) Determine the total amount of annual revenue generated from
voter-approved sales taxes, voter-approved parcel or property taxes,
and voter-approved bridge tolls dedicated to transportation
improvements according to the most recent available data reported to
the State Board of Equalization, the Controller, or the Bay Area Toll
Authority.
(2) Establish a northern California and southern California share
by attributing the proportional share of revenues from voter-approved
sales taxes, voter-approved parcel or property taxes, and
voter-approved bridge tolls dedicated to transportation improvements
and imposed in counties in northern California to the northern share,
and by attributing the proportional share of revenues from
voter-approved sales taxes imposed in counties located in southern
California to the southern share. The determination of whether a
county is located in northern or southern California shall be based
on the definitions set forth in Section 187 of the Streets and
Highways Code.
(3) Program funds made available to the southern share, based on
the determination in paragraph (2), shall be distributed to the
entity responsible for programming and allocating revenues from the
sales tax in proportion to the population of the county in which the
entity is located compared to the total population of southern
California counties with voter-approved sales taxes dedicated to
transportation improvements. For the purpose of calculating
population, the commission shall use the most recent information
available from the Department of Finance.
(4) Program funds made available to the northern share, based on
the determination in paragraph (2), shall be distributed as follows:
(A) Program funds generated by voter-approved bridge tolls and
voter-approved parcel or property taxes dedicated to transportation
improvements shall be distributed to the entity responsible for
programming and allocating revenues from the toll or tax based on the
proportional share of revenues generated by the toll or tax by that
entity in comparison to the total revenues generated by
voter-approved sales taxes, voter-approved parcel or property taxes,
and voter-approved bridge tolls dedicated to transportation
improvements in northern California.
(B) Program funds generated by voter-approved sales taxes
dedicated to transportation improvements shall be distributed to the
entity responsible for programming and allocating revenues from the
sales tax in proportion to the population of the county in which the
entity is located compared to the total population of the northern
California counties with voter-approved sales taxes dedicated to
transportation improvements. For the purposes of calculating
population, the commission shall use the most recent information
available for the Department of Finance
(b) Under this section, each fiscal year in which funds are
appropriated for the program shall constitute a funding cycle.
(c) Each eligible applicant desiring to participate in the program
in any funding cycle under this section shall submit to the
commission all of the following:
(1) A description of the eligible project nominated for funding,
including a description of the project's cost, scope, and specific
improvements and benefits it is anticipated to achieve.
(2) A description of the project's current status, including the
phase of delivery the project is in at the time it is nominated for
funding and a schedule for the project's completion.
(3) A description of how the project would support transportation
and land use planning goals within the region.
(4) The amount of eligible local matching funds the applicant is
committing to the project.
(5) The amount of program funds the applicant seeks from the
program for the project.
(d) The commission shall review nominated projects under this
section and their accompanying documentation to ensure that each
nominated project meets the requirements of this article and to
confirm that each project has a commitment of the requisite amount of
eligible local matching funds as required in this article. Upon
conducting the review of the requirements and determining the
proposed projects to be in compliance with this article, the projects
shall be deemed eligible.
(e) An eligible applicant that is identified to receive an
allocation of funds under this section, but that does not submit a
project for funding in a funding cycle, may utilize its funding share
in a subsequent funding cycle.
8879.73. (a) To distribute funds from the Uniform Developer Fees
Subaccount to eligible applicants, as defined in paragraph (2) of
subdivision (a) of Section 8879.71, the commission shall administer a
competitive grant application program pursuant to this section.
(b) Under this section, each fiscal year in which funds are
appropriated for the program shall constitute a funding cycle. To
ensure that as many eligible applicants as possible may benefit from
the competitive portion of the program, no single project shall
receive more than one million dollars ($1,000,000) in a single
funding cycle in which program funds are allocated by the commission.
(c) Each eligible applicant desiring to participate in the program
in any funding cycle under this section shall submit to the
commission all of the following:
(1) A description of the eligible project nominated for funding,
including a description of the project's cost, scope, and specific
improvements and benefits it is anticipated to achieve.
(2) A description of the project's current status, including the
phase of delivery the project is in at the time it is nominated for
funding and a schedule for the project's completion.
(3) A description of how the project would support transportation
and land use planning goals within the region.
(4) The amount of eligible local matching funds the applicant is
committing to the project.
(5) The amount of program funds the applicant seeks from the
program for the project.
(d) The commission shall review nominated projects under this
section and their accompanying documentation to ensure that each
nominated project meets the requirements of this article and to
confirm that each project has a commitment of the requisite amount of
eligible local matching funds as required in this article. Upon
conducting the review of the requirements and determining the
proposed projects to be in compliance with this article, the projects
shall be deemed eligible.
(e) The commission shall adopt a program of projects under this
section that is geographically balanced and provides cost-effective
and multimodal, safety, reliability, and environmental benefits. In
allocating funds to specific projects, the commission shall give
priority to projects that do any of the following:
(1) Can commence construction or implementation of the project in
a manner to provide the public benefit at the earliest possible date.
(2) Can enhance the leveragability of bond funds, by utilizing a
higher proportion of nonbond funds toward a project's total cost than
is otherwise required by this article.
(3) Can demonstrate
quantifiable air quality improvements, including, but not limited to,
a demonstration that the project can result in a significant
reduction in vehicle-miles traveled.
8879.74. (a) The commission shall adopt a program of projects to
receive allocations under this article for each funding cycle, with
allocations to projects to be initially made at the commission's
meeting in April 2009, and to be made no later than the commission's
October meeting for subsequent years.
(b) Projects receiving an allocation under the program shall
encumber funds no later than two years after the end of the fiscal
year in which an allocation is made by the commission. The commission
shall rescind an allocation to a project that fails to comply with
these requirements. Rescinded allocations of funds shall, in the case
of the program established pursuant to Section 8879.72, be made
available for another eligible project proposed by the agency that
nominated the original project for funding, and, in the case of the
program established in Section 8879.73, be reallocated to other
projects during the fiscal year following the year in which the
applicable timely use of funds requirement was not met.
(c) The commission shall develop and adopt guidelines to implement
this article, and to establish the process for allocating funds to
eligible projects under the program, consistent with this article.
Prior to adopting the guidelines, the commission shall hold one
public hearing in northern California and one public hearing in
southern California to review and provide an opportunity for public
comment on the proposed guidelines. The commission may incorporate
the hearings into its regular meeting schedule.
8879.75. Pursuant to subdivision (g) of Section 8879.23, an
eligible project funded pursuant to this article shall require a
match of one dollar ($1) of eligible local matching funds for each
dollar of program funds applied for under this article. An applicant
may propose to use other funds for the same project, including local,
federal, or other state funds, however, those other funds shall not
be counted toward the match required by this article.
8879.76. The commission shall include in its annual report to the
Legislature, required pursuant to Section 14535, a summary of its
activities related to the administration of the program. The summary,
at a minimum, shall include the description, location, and total
cost of each project contained in the program, the amount of bond
funds allocated to each project, the status of each project, and a
description of the system improvements each project is achieving.
SEC. 5. Section 14556.7 of the Government Code is amended to read:
14556.7. (a) To provide adequate cash for projects, including,
but not limited to, projects in the State Transportation Improvement
Program, the State Highway Operation and Protection Program, and the
Traffic Congestion Relief Program, and for the support of the
department, the department may transfer funds as short-term loans
among and between the State Highway Account in the State
Transportation Fund, the Transportation Investment Fund in the State
Treasury, the Transportation Deferred Investment Fund, the Public
Transportation Account in the State Transportation Fund and the
Traffic Congestion Relief Fund (TCRF), subject to those terms and
conditions that the Director of Finance may impose upon those
transfers. When loan balances authorized in this subdivision are
outstanding, the Director of Transportation shall report the amounts
of loans outstanding with respect to each fund or account as of the
last business day of each quarter to the commission. The commission
shall monitor the cash-flow loan program authorized in this section
and shall provide guidance to the department to ensure that
sufficient resources will be available for all projects and all other
authorized expenditures from each fund or account so as to not delay
any authorized expenditure.
(b) For the purposes of this section, a "short-term loan" is a
transfer that is made subject to the following conditions:
(1) That any amount loaned is to be repaid in full to the fund or
account from which it was loaned during the same fiscal year in which
the loan was made, except that repayment may be delayed until a date
not more than 30 days after the date of enactment of the annual
Budget Act for the subsequent fiscal year.
(2) That loans shall be repaid whenever the funds are needed to
meet cash expenditure needs in the loaning fund or account.
(c)This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 14556.75 of the Government Code is amended to
read:
14556.75. (a) The Director of Finance may authorize short-term
cash flow loans from the General Fund to the State Highway Account to
provide adequate cash for costs funded from that account. The total
outstanding loan shall not exceed two hundred million dollars
($200,000,000) at any point in time. Repayment of these loans shall
be made no later than 30 days after the date of enactment of the
subsequent annual Budget Act after any loan is made pursuant to this
section.
(b) No budgetary impact shall result from these loans.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends the dates
on which it becomes inoperative and is repealed.
SEC. 7. Section 14556.8 of the Government Code is amended to read:
14556.8. (a) (1) To the extent necessary to provide adequate cash
to fund projected expenditures under this chapter, the Director of
Finance may authorize, by executive order, the transfer of not more
than one hundred million dollars ($100,000,000), as an interest free
loan, from the Motor Vehicle Account in the State Transportation Fund
to the TCRF, and the transfer of any available funds, as an interest
free loan, from the General Fund to the TCRF. Loans from the Motor
Vehicle Account may be made no sooner than July 1, 2004, and shall be
repaid no later than July 1, 2007. The Director of Finance shall not
authorize a loan from the Motor Vehicle Account, and shall promptly
require the repayment of any outstanding balance owed to that
account, if the funds are needed in the account to make expenditures
authorized in the annual Budget Act and by any other appropriations
made by the Legislature.
(2) To provide cash needed for expenditures on projects listed in
Section 14556.40, the Legislature may authorize loans from the Public
Transportation Account or the State Highway Account to the TCRF
through the annual Budget Act. The Legislature may also authorize the
State Highway Account to expend funds on behalf of projects listed
in Section 14556.40 and those expenditures shall constitute a loan to
the TCRF. Loans from the Public Transportation Account shall not
exceed a cumulative total of two hundred eighty million dollars
($280,000,000), and loans from the State Highway Account shall not
exceed a cumulative total of six hundred fifty-four million dollars
($654,000,000).
(b) The Director of Finance shall order the repayment of the loans
authorized under this section under those terms and conditions that
the director deems appropriate, upon determining that there are
adequate funds available for that purpose in the TCRF and that
repayment will not jeopardize the availability of money needed to
fund approved and projected expenditures under this chapter. All
loans from the Public Transportation Account and the State Highway
Account shall be repaid at the time the TCRF is repaid pursuant to
paragraph (2) of subdivision (c). Upon the request of the commission
or the Director of Finance, the department shall provide a report,
for purposes of this subdivision, projecting the cash needs of the
projects approved under this chapter.
(c) (1) Money in the TCRF derived from the General Fund and not
currently needed for expenditures on the projects listed in Section
14556.40 may be loaned to the General Fund through the annual Budget
Act.
(2) Upon making a determination that funds in the TCRF are not
adequate to support expected cash expenditures for the listed
projects, the Director of Finance, by executive order, shall require
that funds loaned to the General Fund under paragraph (1) be repaid
to the TCRF. All these loans shall be repaid upon the sale of bonds
authorized by Article 6.5 (commencing with Section 63048.6) of
Chapter 2 of Division 1 of Title 6.7. If the proceeds from those
bonds are insufficient to repay the funds loaned to the General Fund
under paragraph (1), the remaining amount of those loans shall be
repaid from future tribal gaming revenues, additional securitizations
against those revenues, or from the General Fund.
(3) Interest at the rate earned by the Surplus Money Investment
Fund shall be paid to the TCRF from the General Fund with respect to
the cumulative amount loaned from the State Highway Account to the
TCRF pursuant to paragraph (2) of subdivision (a) that is in excess
of one hundred eighty million dollars ($180,000,000). The amount of
this interest obligation shall be calculated annually on the balance
of this portion of this outstanding loan amount. All interest on the
loan shall be paid in full at the time the TCRF is repaid pursuant to
paragraph (2), and the interest payment shall be transferred from
the TCRF to the State Highway Account.
(d) Funds loaned to the TCRF under this section shall be used for
purposes consistent with any restrictions on uses of those funds
imposed under the California Constitution or by statute. The
department shall identify specific projects to which those funds may
properly be applied and shall propose that application of funds to
the commission. The commission shall designate projects to receive
those funds through the processes described in Article 3 (commencing
with Section 14556.10) and Article 4 (commencing with Section
14556.25). The department shall report periodically to the commission
and the Department of Finance on the expenditure of those funds.
(e) As long as loan balances authorized by this section are
outstanding, the Director of Transportation shall report to the
commission the amounts of loans outstanding with respect to each fund
or account as of the last business day of each quarter.
(f) This section shall become inoperative upon full repayment of
loans authorized by this section, and shall be repealed on January 1
of the following year.
SEC. 8. Section 14556.85 is added to the Government Code, to read:
14556.85. (a) To the extent necessary to provide adequate cash to
fund projected expenditures, the Director of Finance may authorize,
by executive order, the transfer of not more than sixty million
dollars ($60,000,000), as an interest free loan, from the TCRF to the
Public Transportation Account. The loan shall be repaid no later
than July 1, 2011. The Director of Finance shall not authorize a loan
from the TCRF, and shall promptly require the repayment of any
outstanding balance, or portion thereof, owed to that account, to the
extent funds are needed in the TCRF to make expenditures authorized
in the annual Budget Act or by any other appropriations made by the
Legislature.
(b) As long as loan balances authorized by this section are
outstanding, the Director of Transportation shall report the amounts
of loans outstanding as of the last business day of each quarter to
the commission.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 9. Section 16965 of the Government Code is amended to read:
16965. (a) The Transportation Debt Service Fund is hereby created
in the State Treasury. Moneys in the fund shall, among other things,
as provided in this section, be dedicated to payment of debt service
on bonds including bonds issued pursuant to the Clean Air and
Transportation Improvement Act of 1990 (Part 11.5 (commencing with
Section 99600) of Division 10 of the Public Utilities Code), the
Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 (commencing
with Section 2700) of Division 3 of the Streets and Highways Code),
and the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 (commencing
with Section 8879) of Division 1 of Title 2). If the moneys in the
fund are insufficient to pay the balance of the debt consistent with
existing obligations, the General Fund will be used to pay the
balance of any debt service.
(b) (1) From moneys transferred to the fund pursuant to
subdivision (b) of Section 7103 of the Revenue and Taxation Code, the
Director of Finance is hereby authorized to reimburse the General
Fund for up to three hundred thirty-nine million two hundred
eighty-nine thousand three hundred forty-five dollars ($339,289,345)
for the purpose of offsetting the cost of debt service payments made
from the General Fund during the 2007-08 fiscal year for public
transportation-related general obligation bond expenditures in the
following amounts:
(A) Clean Air and Transportation Improvement Act of 1990, one
hundred twenty-three million nine hundred seventy-three thousand four
hundred ninety-three dollars ($123,973,493).
(B) Passenger Rail and Clean Air Bond Act of 1990, seventy million
nine hundred eighty-three thousand three hundred sixty-three dollars
($70,983,363).
(C) Seismic Retrofit Bond Act of 1996, one hundred forty-four
million three hundred thirty-two thousand four hundred eighty-nine
dollars ($144,332,489).
(2) From moneys transferred to the fund pursuant to subdivision
(b) of Section 7103 of the Revenue and Taxation Code, the Director of
Finance is hereby authorized to reimburse the General Fund in the
2007-08 fiscal year for two hundred million dollars ($200,000,000)
for the purpose of offsetting the cost of debt service payments made
in prior fiscal years from the General Fund for public
transportation-related general obligation bond expenditures.
(c) From moneys transferred to the fund pursuant to subdivision
(c) of Section 7103 of the Revenue and Taxation Code, the Director of
Finance is hereby authorized to reimburse the General Fund any
amount necessary to offset the cost of debt service payments made
from the General Fund during any fiscal year for
transportation-related general obligation bond expenditures.
SEC. 10. Section 99312 of the Public Utilities Code is amended to
read:
99312. The funds transferred to the account pursuant to Section
7102 of the Revenue and Taxation Code shall be made available for the
following purposes:
(a) To the department, 50 percent for purposes of Section 99315.
(b) To the Controller, 25 percent for allocation to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(c) To the Controller, 25 percent for allocation to transportation
agencies, county transportation commissions, and the San Diego
Metropolitan Transit Development Board for purposes of Section 99313.
(d) For the 2007-08 fiscal year, notwithstanding any other
provision of this section, or any other provision of law, the
allocations made pursuant to this section shall be adjusted as
follows:
(1) From the funds transferred to the account pursuant to
paragraph (1) of subdivision (a) of Section 7102 of the Revenue and
Taxation Code, fifty million dollars ($50,000,000) is hereby
appropriated to the Controller and shall be allocated pursuant to
subdivision (b); fifty million dollars ($50,000,000) is hereby
appropriated to the Controller and shall be allocated pursuant to
subdivision (c); and the remainder of revenue shall remain in the
Public Transportation Account to fund other state public
transportation priorities. The Controller shall make these
allocations in four equal quarterly amounts of twelve and one-half
million dollars ($12,500,000), as achievable by the receipt of the
specified revenue.
(2) The amount appropriated in Item 2640-101-0046 of the Budget
Act of 2006 for state transit assistance pursuant to subdivision (b)
and (c) was greater than the amount of revenues received to support
state transit assistance pursuant to Section 7102 of the Revenue and
Taxation Code. Therefore, notwithstanding any other provision of law,
the amount that would have otherwise been available for
appropriation to state transit assistance in the 2007-08 fiscal year
pursuant to paragraphs (2) and (3) of subdivision (a) of Section 7102
of the Revenue and Taxation Code, shall be reduced by the excess
amount that was appropriated to state transit assistance in the
Budget Act of 2006, and that excess amount, as determined by the
Department of Finance, shall instead remain in the Public
Transportation Account to fund other state public transportation
priorities. The funding for state transit assistance as described in
this paragraph is hereby appropriated to the Controller for
allocation. The Controller shall attempt to spread this adjustment
equally over four quarterly payments, as achievable by revenue
estimates.
(e) For the 2008-09 fiscal year and thereafter, notwithstanding
any other provision of this section, or any other provision of law,
the funds transferred to the account pursuant to paragraph (1) of
subdivision (a) of Section 7102 of the Revenue and Taxation Code
shall be made available for the following purposes:
(1) To the department, 33.34 percent for purposes of Section
99315, subject to appropriation by the Legislature.
(2) To the Controller, 33.33 percent for allocation to
transportation planning agencies, county transportation commissions,
and the San Diego Metropolitan Transit Development Board pursuant to
Section 99314. These funds are hereby continuously appropriated for
purposes of this paragraph.
(3) To the Controller, 33.33 percent for the allocation to
transportation agencies, county transportation commissions, and the
San Diego Metropolitan Transit Development Board for purposes of
Section 99313. These funds are hereby continuously appropriated for
purposes of this paragraph.
SEC. 11. Section 7102 of the Revenue and Taxation Code is amended
to read:
7102. The money in the fund shall, upon order of the Controller,
be drawn therefrom for refunds under this part, credits or refunds
pursuant to Section 60202, and refunds pursuant to Section 1793.25 of
the Civil Code, or be transferred in the following manner:
(a) (1) All revenues, less refunds, derived under this part at the
43/4-percent rate, including the imposition of sales and use taxes
with respect to the sale, storage, use, or other consumption of motor
vehicle fuel which would not have been received if the sales and use
tax rate had been 5 percent and if motor vehicle fuel, as defined
for purposes of the Motor Vehicle Fuel License Tax Law (Part 2
(commencing with Section 7301)), had been exempt from sales and use
taxes, shall be estimated by the State Board of Equalization, with
the concurrence of the Department of Finance, and shall be
transferred quarterly to the Public Transportation Account, a trust
fund in the State Transportation Fund, except as modified as follows:
(A) For the 2001-02 fiscal year, those transfers may not be more
than eighty-one million dollars ($81,000,000) plus one-half of the
amount computed pursuant to this paragraph that exceeds eighty-one
million dollars ($81,000,000).
(B) For the 2002-03 fiscal year, those transfers may not be more
than thirty-seven million dollars ($37,000,000) plus one-half of the
amount computed pursuant to this paragraph that exceeds thirty-seven
million dollars ($37,000,000).
(C) For the 2003-04 fiscal year, no transfers shall be made
pursuant to this paragraph, except that if the amount to be otherwise
transferred pursuant to this paragraph is in excess of eighty-seven
million four hundred fifty thousand dollars ($87,450,000), then the
amount of that excess shall be transferred.
(D) For the 2004-05 fiscal year, no transfers shall be made
pursuant to this paragraph, and of the amount that would otherwise
have been transferred, one hundred forty million dollars
($140,000,000) shall instead be transferred to the Traffic Congestion
Relief Fund as partial repayment of amounts owed by the General Fund
pursuant to Item 2600-011-3007 of the Budget Act of 2002 (Chapter
379 of the Statutes of 2002).
(E) For the 2005-06 fiscal year, no transfers shall be made
pursuant to this paragraph.
(F) For the 2006-07 fiscal year, the revenues estimated pursuant
to this paragraph shall, notwithstanding any other provision of this
paragraph or any other provision of law, be transferred and allocated
as follows:
(i) The first two hundred million dollars ($200,000,000) shall be
transferred to the Transportation Deferred Investment Fund as partial
repayment of the amounts owed by the General Fund to that fund
pursuant to Section 7106.
(ii) The next one hundred twenty-five million dollars
($125,000,000) shall be transferred to the Bay Area Toll Account for
expenditure pursuant to Section 188.6 of the Streets and Highways
Code.
(iii) Of the remaining revenues, thirty-three million dollars
($33,000,000) shall be transferred to the Public Transportation
Account to support appropriations from that account in the Budget Act
of 2006.
(iv) The remaining revenues shall be transferred to the Public
Transportation Account for allocation as follows:
(I) Twenty percent to the Department of Transportation for
purposes of Section 99315 of the Public Utilities Code.
(II) Forty percent to the Controller, for allocation pursuant to
Section 99314 of the Public Utilities Code.
(III) Forty percent to the Controller, for allocation pursuant to
Section 99313 of the Public Utilities Code.
(G) For the 2007-08 fiscal year, the first one hundred fifty-five
million four hundred ninety-one thousand eight hundred thirty-seven
dollars ($155,491,837) in revenue estimated pursuant to this
paragraph each quarter shall, notwithstanding any other provision of
this paragraph or any other provision of law, be transferred
quarterly to the Mass Transportation Fund. If revenue in any quarter
is less than that amount, the transfer in the subsequent quarter or
quarters shall be increased so that the total transferred for the
fiscal year is six hundred twenty-one million nine hundred
sixty-seven thousand three hundred forty-eight dollars
($621,967,348).
(H) For the 2008-09 fiscal year and every fiscal year thereafter,
50 percent of the revenue estimated pursuant to this paragraph each
quarter shall, notwithstanding any other provision of this paragraph
or any other provision of law, be transferred to the Mass
Transportation Fund. Notwithstanding this requirement, for the
2008-09 fiscal year, the amount of two hundred thirty-four million
eight hundred fifty-two thousand dollars ($234,852,000) each quarter
shall be transferred to the Mass Transportation Fund. If revenue for
any quarter is less than that amount, the transfer in the subsequent
quarter or quarters shall be increased so that the total transfer for
the fiscal year is nine hundred thirty-nine million four hundred
eight thousand dollars ($939,408,000).
(2) All revenues, less refunds, derived under this part at the
43/4-percent rate, resulting from increasing, after December 31,
1989, the rate of tax imposed pursuant to the Motor Vehicle Fuel
License Tax Law on motor vehicle fuel, as defined for purposes of
that law, shall be transferred quarterly to the Public Transportation
Account, a trust fund in the State Transportation Fund.
(3) All revenues, less refunds, derived under this part at the
43/4-percent rate from the imposition of sales and use taxes on fuel,
as defined for purposes of the Use Fuel Tax Law (Part 3 (commencing
with Section 8601)) and the Diesel Fuel Tax Law (Part 31 (commencing
with Section 60001)), shall be estimated by the State Board of
Equalization, with the concurrence of the Department of Finance, and
shall be transferred quarterly to the Public Transportation Account,
a trust fund in the State Transportation Fund.
(4) All revenues, less refunds, derived under this part from the
taxes imposed pursuant to Sections 6051.2 and 6201.2 shall be
transferred to the Sales Tax Account of the Local Revenue Fund for
allocation to cities and counties as prescribed by statute.
(5) All revenues, less refunds, derived from the taxes imposed
pursuant to Section 35 of Article XIII of the California Constitution
shall be transferred to the Public Safety Account in the Local
Public Safety Fund created in Section 30051 of the Government Code
for allocation to counties as prescribed by statute.
(b) The balance shall be transferred to the General Fund.
(c) The estimates required by subdivision (a) shall be based on
taxable transactions occurring during a calendar year, and the
transfers required by subdivision (a) shall be made during the fiscal
year that commences during that same calendar year. Transfers
required by paragraphs (1), (2), and (3) of subdivision (a) shall be
estimated by the State Board of Equalization, with the concurrence of
the Department of Finance, and shall be made quarterly.
(d) Notwithstanding the designation of the Public Transportation
Account as a trust fund pursuant to subdivision (a), the Controller
may use the Public Transportation Account for loans to the General
Fund as provided in Sections 16310 and 16381 of the Government Code.
The loans shall be repaid with interest from the General Fund at the
Pooled Money Investment Account rate.
(e) The Legislature may amend this section, by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of this section.
SEC. 12. Section 7103 of the Revenue and Taxation Code is amended
to read:
7103. (a) The Mass Transportation Fund is hereby created in the
State Treasury. Upon appropriation by the Legislature, moneys in the
Mass Transportation Fund may be used for, but shall not necessarily
be limited to, the following transportation purposes:
(1) Payment of debt service on transportation bonds, or
reimbursement to the General Fund for past debt service payments on
transportation bonds.
(2) Funding of the
Department of Developmental Services for regional center
transportation.
(3) Reimbursement to the General Fund for payments made by the
General Fund pursuant to subdivision (f) of Section 1 of Article XIX
B of the California Constitution.
(4) Funding of home-to-school transportation, pursuant to Article
10 (commencing with Section 41850) of Chapter 5 of Part 24 of the
Education Code, and Small School District Transportation, pursuant to
Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24
of the Education Code.
(b) From moneys transferred to the fund pursuant to subparagraph
(G) of paragraph (1) of subdivision (a) of Section 7102 in the
2007-08 fiscal year, the sum of five hundred thirty-nine million two
hundred eighty-nine thousand three hundred forty-eight dollars
($539,289,348) shall be transferred to the Transportation Debt
Service Fund, and the sum of eighty-two million six hundred
seventy-eight thousand dollars ($82,678,000) may be reimbursed by the
Director of Finance in the 2007-08 fiscal year for the purpose of
offsetting payments made by the General Fund pursuant to subdivision
(f) of Section 1 of Article XIX B of the California Constitution.
(c) From moneys transferred to the fund pursuant to subparagraph
(H) of paragraph (1) of subdivision (a) of Section 7102 in the
2008-09 fiscal year, the sum of eighty-two million six hundred
seventy-eight thousand dollars ($82,678,000) may be reimbursed by the
Director of Finance for the purpose of offsetting payments made by
the General Fund pursuant to subdivision (f) of Section 1 of Article
XIX B of the California Constitution, and the Director of Finance may
transfer any funds remaining in the fund after this reimbursement of
the General Fund to the Transportation Debt Service Fund.
SEC. 13. Section 7104 of the Revenue and Taxation Code is amended
to read:
7104. (a) The Transportation Investment Fund (hereafter the fund)
is hereby created in the State Treasury. Notwithstanding Section
13340 of the Government Code, the money in the fund is continuously
appropriated without regard to fiscal years for disbursement in the
manner and for the purposes set forth in this section.
(b) All of the following shall occur on a quarterly basis:
(1) The State Board of Equalization, in consultation with the
Department of Finance, shall estimate the amount that is transferred
to the General Fund under subdivision (b) of Section 7102 that is
attributable to revenue collected for the sale, storage, use, or
other consumption in this state of motor vehicle fuel, as defined in
Section 7304.
(2) The State Board of Equalization shall inform the Controller,
in writing, of the amount estimated under paragraph (1).
(3) Commencing with the 2003-04 fiscal year, the Controller shall
transfer the amount estimated under paragraph (1) from the General
Fund to the fund.
(c) For each quarter during the period commencing on July 1, 2003,
and ending on June 30, 2008, the Controller shall make all of the
following transfers and apportionments from the funds identified for
transfer under paragraph (2) of subdivision (b) in the following
order:
(1) To the Traffic Congestion Relief Fund created in the State
Treasury by Section 14556.5 of the Government Code, the sum of one
hundred sixty-nine million five hundred thousand dollars
($169,500,000), except that the transfer for the final quarter shall
be ninety-three million four hundred thousand dollars ($93,400,000),
for a total transfer of three billion three hundred thirteen million
nine hundred thousand dollars ($3,313,900,000).
(2) To the Public Transportation Account, a trust fund in the
State Transportation Fund, 20 percent of the amount remaining after
the transfer required under paragraph (1). Funds transferred under
this paragraph shall be made available as follows:
(A) To the Department of Transportation, 50 percent for purposes
of subdivision (a) or (b) of Section 99315 of the Public Utilities
Code, subject to appropriation by the Legislature.
(B) To the Controller, 25 percent for allocation pursuant to
Section 99314 of the Public Utilities Code. Funds allocated under
this subparagraph shall be subject to all of the provisions governing
funds allocated under Section 99314 of the Public Utilities Code.
For the 2007-08 fiscal year, these funds are continuously
appropriated to the Controller for purposes of this subparagraph.
(C) To the Controller, 25 percent for allocation pursuant to
Section 99313 of the Public Utilities Code. Funds allocated under
this subparagraph shall be subject to all of the provisions governing
funds allocated under Section 99313 of the Public Utilities Code.
For the 2007-08 fiscal year, these funds are continuously
appropriated to the Controller for purposes of this subparagraph.
(3) To the Department of Transportation for expenditure for
programming for transportation capital improvement projects subject
to all of the provisions governing the State Transportation
Improvement Program, 40 percent of the amount remaining after the
transfer required under paragraph (1), except that in the 2006-07 and
2007-08 fiscal years, the transfer shall be 80 percent of the amount
remaining after the transfer required under paragraph (1).
(4) To the Controller for apportionment to the counties, including
a city and county, 20 percent of the amount remaining after the
transfer required under paragraph (1), except that in the 2006-07 and
2007-08 fiscal years, no transfer may be made under this paragraph.
Funds transferred under this paragraph shall be allocated in
accordance with the following formulas:
(A) Seventy-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of fee-paid and exempt vehicles that are registered in the
county bears to the number of fee-paid and exempt vehicles registered
in the state.
(B) Twenty-five percent of the funds payable under this paragraph
shall be apportioned among the counties in the proportion that the
number of miles of maintained county roads in each county bears to
the total number of miles of maintained county roads in the state.
For the purposes of apportioning funds under this subparagraph, any
roads within the boundaries of a city and county that are not state
highways shall be deemed to be county roads.
(5) To the Controller for apportionment to cities, including a
city and county, 20 percent of the amount remaining after the
transfer required under paragraph (1), except that in the 2006-07 and
2007-08 fiscal years, no transfer may be made under this paragraph.
Funds transferred under this paragraph shall be apportioned among the
cities in the proportion that the total population of the city bears
to the total population of all the cities in the state.
(d) Funds received under paragraph (4) or (5) of subdivision (c)
shall be deposited as follows in order to avoid the commingling of
those funds with other local funds:
(1) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for
transportation purposes.
(2) In the case of a county, into the county road fund.
(3) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for
transportation purposes.
(e) Funds allocated to a city, county, or city and county under
paragraph (4) or (5) of subdivision (c) shall be used only for street
and highway maintenance, rehabilitation, reconstruction, and storm
damage repair. For purposes of this section, the following terms have
the following meanings:
(1) "Maintenance" means either or both of the following:
(A) Patching.
(B) Overlay and sealing.
(2) "Reconstruction" includes any overlay, sealing, or widening of
the roadway, if the widening is necessary to bring the roadway width
to the desirable minimum width consistent with the geometric design
criteria of the department for 3R (reconstruction, resurfacing, and
rehabilitation) projects that are not on a freeway, but does not
include widening for the purpose of increasing the traffic capacity
of a street or highway.
(3) "Storm damage repair" is repair or reconstruction of local
streets and highways and related drainage improvements that have been
damaged due to winter storms and flooding, and construction of
drainage improvements to mitigate future roadway flooding and damage
problems, in those jurisdictions that have been declared disaster
areas by the President of the United States, where the costs of those
repairs are ineligible for emergency funding with Federal Emergency
Relief (ER) funds or Federal Emergency Management Administration
(FEMA) funds.
(f) (1) Cities and counties shall maintain their existing
commitment of local funds for street and highway maintenance,
rehabilitation, reconstruction, and storm damage repair in order to
remain eligible for the allocation of funds pursuant to paragraph (4)
or (5) of subdivision (c).
(2) In order to receive any allocation pursuant to paragraph (4)
or (5) of subdivision (c), the city or county shall annually expend
from its general fund for street, road, and highway purposes an
amount not less than the annual average of its expenditures from its
general fund during the 1996-97, 1997-98, and 1998-99 fiscal years,
as reported to the Controller pursuant to Section 2151 of the Streets
and Highways Code. For purposes of this paragraph, in calculating a
city's or county's annual general fund expenditures and its average
general fund expenditures for the 1996-97, 1997-98, and 1998-99
fiscal years, any unrestricted funds that the city or county may
expend at its discretion, including vehicle in-lieu tax revenues and
revenues from fines and forfeitures, expended for street and highway
purposes shall be considered expenditures from the general fund.
One-time allocations that have been expended for street and highway
purposes, but which may not be available on an ongoing basis,
including revenue provided under the Teeter Plan Bond Law of 1994
(Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2
of Title 5 of the Government Code, may not be considered when
calculating a city's or county's annual general fund expenditures.
(3) For any city incorporated after July 1, 1996, the Controller
shall calculate an annual average of expenditure for the period
between July 1, 1996, and December 31, 2000, that the city was
incorporated.
(4) For purposes of paragraph (2), the Controller may request
fiscal data from cities and counties in addition to data provided
pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99
fiscal years. Each city and county shall furnish the data to the
Controller not later than 120 days after receiving the request. The
Controller may withhold payment to cities and counties that do not
comply with the request for information or that provide incomplete
data.
(5) The Controller may perform audits to ensure compliance with
paragraph (2) when deemed necessary. Any city or county that has not
complied with paragraph (2) shall reimburse the state for the funds
it received during that fiscal year. Any funds withheld or returned
as a result of a failure to comply with paragraph (2) shall be
reallocated to the other counties and cities whose expenditures are
in compliance.
(6) If a city or county fails to comply with the requirements of
paragraph (2) in a particular fiscal year, the city or county may
expend during that fiscal year and the following fiscal year a total
amount that is not less than the total amount required to be expended
for those fiscal years for purposes of complying with paragraph (2).
(7) The allocation made under paragraph (4) or (5) of subdivision
(c) shall be expended not later than the end of the fiscal year
following the fiscal year in which the allocation was made, and any
funds not expended within that period shall be returned to the
Controller and shall be reallocated to the other cities and counties
pursuant to the allocation formulas set forth in paragraph (4) or (5)
of subdivision (c).
(g) The Los Angeles County Metropolitan Transportation Authority
shall give first priority for using its share of the funds made
available under subparagraphs (B) and (C) of paragraph (2) of
subdivision (c) to providing the levels of bus service mandated under
the consent decree entered into by the authority on October 29,
1996, in the case of Labor/Community Strategy Center, et al. v. Los
Angeles County Metropolitan Transportation Authority.
(h) (1) For the purpose of allocating funds under paragraph (4) or
(5) of subdivision (c) to counties, cities, and a city and county,
the Controller shall use the most recent population estimates
prepared by the Demographic Research Unit of the Department of
Finance. For a city that incorporated after January 1, 1998, that
does not appear on the most recent population estimates prepared by
the Demographic Research Unit, the Controller shall use the
population determined for that city under Section 11005.3 of the
Revenue and Taxation Code.
(2) The amendments made to Section 11005.3 by the act adding this
paragraph shall not apply to a population determination under
paragraph (1).
(i) This section shall become inoperative on the date that all
encumbrances incurred for the projects funded under paragraph (3) of
subdivision (c) have been liquidated or on June 30, 2008, whichever
date is later, and as of the January 1 immediately following that
date is repealed.
SEC. 14. Section 7104.2 of the Revenue and Taxation Code is
amended to read:
7104.2. (a) The Transportation Investment Fund (hereafter the
fund) in the State Treasury is hereby continued in existence. All
revenues transferred to the fund pursuant to Article XIX B of the
California Constitution beginning with the 2008-09 fiscal year shall
be available for expenditure as provided in this section.
Notwithstanding Section 13340 of the Government Code or any other
provision of law, moneys in the fund are continuously appropriated
without regard to fiscal years for disbursement in the manner and for
the purposes set forth in this section.
(b) All of the following shall occur on a quarterly basis:
(1) The State Board of Equalization, in consultation with the
Department of Finance, shall estimate the amount that is transferred
to the General Fund under subdivision (b) of Section 7102 that is
attributable to revenue collected for the sale, storage, use, or
other consumption in this state of motor vehicle fuel, as defined in
Section 7304.
(2) The State Board of Equalization shall inform the Controller,
in writing, of the amount estimated under paragraph (1).
(3) Commencing with the 2008-09 fiscal year, the Controller shall
transfer the amount estimated under paragraph (1) from the General
Fund to the fund.
(c) For each quarter, commencing with the 2008-09 fiscal year, the
Controller shall make all of the following transfers and
apportionments from the fund:
(1) To the Public Transportation Account, a trust fund in the
State Transportation Fund, 20 percent of the revenues deposited in
the fund. Funds transferred under this paragraph shall be made
available as follows:
(A) Twenty-five percent to the Department of Transportation for
purposes of subdivision (a) and (b) of Section 99315 of the Public
Utilities Code, subject to appropriation by the Legislature.
(B) Thirty-seven and one-half percent to the Controller, for
allocation pursuant to Section 99314 of the Public Utilities Code.
Funds allocated under this subparagraph shall be subject to all of
the provisions governing funds allocated under Section 99314 of the
Public Utilities Code. These funds are continuously appropriated to
the Controller for purposes of this subparagraph.
(C) Thirty-seven and one-half percent to the Controller, for
allocation pursuant to Section 99313 of the Public Utilities Code.
Funds allocated under this subparagraph shall be subject to all of
the provisions governing funds allocated under Section 99313 of the
Public Utilities Code. These funds are continuously appropriated to
the Controller for purposes of this subparagraph.
(2) To the Department of Transportation for expenditure for
transportation capital improvement projects subject to all of the
rules governing the State Transportation Improvement Program, 40
percent of the revenues deposited in the fund.
(3) To the Controller for apportionment pursuant to paragraphs (A)
and (B), 40 percent of the revenues deposited in the fund.
(A) Of the amount available under this paragraph, 50 percent shall
be apportioned by the Controller to the counties, including a city
and county, in accordance with the following formulas:
(i) Seventy-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of fee-paid and exempt vehicles that are
registered in the county bears to the number of fee-paid and exempt
vehicles registered in the state.
(ii) Twenty-five percent of the funds payable under this
subparagraph shall be apportioned among the counties in the
proportion that the number of miles of maintained county roads in
each county bears to the total number of miles of maintained county
roads in the state. For the purposes of apportioning funds under this
subparagraph, any roads within the boundaries of a city and county
that are not state highways shall be deemed to be county roads.
(B) Of the amount available under this paragraph, 50 percent shall
be apportioned by the Controller to cities, including a city and
county, in the proportion that the total population of the city bears
to the total population of all the cities in the state.
(d) Funds received under subparagraph (A) or (B) of paragraph (3)
of subdivision (c) shall be deposited as follows in order to avoid
the commingling of those funds with other local funds:
(1) In the case of a city, into the city account that is
designated for the receipt of state funds allocated for
transportation purposes.
(2) In the case of a county, into the county road fund.
(3) In the case of a city and county, into a local account that is
designated for the receipt of state funds allocated for
transportation purposes.
(e) Funds allocated to a city, county, or city and county under
subparagraph (A) or (B) of paragraph (3) of subdivision (c) shall be
used only for street and highway maintenance, rehabilitation,
reconstruction, and storm damage repair. For purposes of this
section, the following terms have the following meanings:
(1) "Maintenance" means either or both of the following:
(A) Patching.
(B) Overlay and sealing.
(2) "Reconstruction" includes any overlay, sealing, or widening of
the roadway, if the widening is necessary to bring the roadway width
to the desirable minimum width consistent with the geometric design
criteria of the department for 3R (reconstruction, resurfacing, and
rehabilitation) projects that are not on a freeway, but does not
include widening for the purpose of increasing the traffic capacity
of a street or highway.
(3) "Storm damage repair" is repair or reconstruction of local
streets and highways and related drainage improvements that have been
damaged due to winter storms and flooding, and construction of
drainage improvements to mitigate future roadway flooding and damage
problems, in those jurisdictions that have been declared disaster
areas by the President of the United States, where the costs of those
repairs are ineligible for emergency funding with Federal Emergency
Relief (ER) funds or Federal Emergency Management Administration
(FEMA) funds.
(f) (1) Cities and counties shall maintain their existing
commitment of local funds for street and highway maintenance,
rehabilitation, reconstruction, and storm damage repair in order to
remain eligible for the allocation of funds pursuant to subparagraph
(A) or (B) of paragraph (3) of subdivision (c).
(2) In order to receive any allocation pursuant to subparagraph
(A) or (B) of paragraph (3) of subdivision (c), the city or county
shall annually expend from its general fund for street, road, and
highway purposes an amount not less than the annual average of its
expenditures from its general fund during the 1996-97, 1997-98, and
1998-99 fiscal years, as reported to the Controller pursuant to
Section 2151 of the Streets and Highways Code. For purposes of this
paragraph, in calculating a city's or county's annual general fund
expenditures and its average general fund expenditures for the
1996-97, 1997-98, and 1998-99 fiscal years, any unrestricted funds
that the city or county may expend at its discretion, including
vehicle in-lieu tax revenues and revenues from fines and forfeitures,
expended for street and highway purposes shall be considered
expenditures from the general fund. One-time allocations that have
been expended for street and highway purposes, but which may not be
available on an ongoing basis, including revenue provided under the
Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section
54773) of Part 1 of Division 2 of Title 5 of the Government Code, may
not be considered when calculating a city's or county's annual
general fund expenditures.
(3) For any city incorporated after July 1, 1996, the Controller
shall calculate an annual average of expenditure for the period
between July 1, 1996, and December 31, 2000, that the city was
incorporated.
(4) For purposes of paragraph (2), the Controller may request
fiscal data from cities and counties in addition to data provided
pursuant to Section 2151, for the 1996-97, 1997-98, and 1998-99
fiscal years. Each city and county shall furnish the data to the
Controller not later than 120 days after receiving the request. The
Controller may withhold payment to cities and counties that do not
comply with the request for information or that provide incomplete
data.
(5) The Controller may perform audits to ensure compliance with
paragraph (2) when deemed necessary. Any city or county that has not
complied with paragraph (2) shall reimburse the state for the funds
it received during that fiscal year. Any funds withheld or returned
as a result of a failure to comply with paragraph (2) shall be
reallocated to the other counties and cities whose expenditures are
in compliance.
(6) If a city or county fails to comply with the requirements of
paragraph (2) in a particular fiscal year, the city or county may
expend during that fiscal year and the following fiscal year a total
amount that is not less than the total amount required to be expended
for those fiscal years for purposes of complying with paragraph (2).
(7) The allocation made under subparagraph (A) or (B) of paragraph
(3) of subdivision (c) shall be expended not later than the end of
the fiscal year following the fiscal year in which the allocation was
made, and any funds not expended within that period shall be
returned to the Controller and shall be reallocated to the other
cities and counties pursuant to the allocation formulas set forth in
subparagraph (A) or (B) of paragraph (3) of subdivision (c).
(g) For the purpose of allocating funds under subparagraph (A) or
(B) of paragraph (3) of subdivision (c) to counties, cities, and a
city and county, the Controller shall use the most recent population
estimates prepared by the Demographic Research Unit of the Department
of Finance. For a city that incorporated after January 1, 2008, that
does not appear on the most recent population estimates prepared by
the Demographic Research Unit, the Controller shall use the
population determined for that city under Section 11005.3.
SEC. 15. Article 3.7 (commencing with Section 157) is added to
Chapter 1 of Division 1 of the Streets and Highways Code, to read:
Article 3.7. Clean Renewable Energy Bonds for the Department
of Transportation
157. It is the intent of the Legislature that the authority
granted to the Department of Transportation under this act is
restricted to the specific program for which funds are appropriated
in Item 2660-306-0942 of the Budget Act of 2008, and that the amount
of State Highway Account funds committed to this program shall be
limited to the amount appropriated in Item 2660-306-0942 of the
Budget Act of 2008.
157.1. The department, through the Treasurer and the California
Alternative Energy and Advanced Transportation Financing Authority,
may issue Clean Renewable Energy Bonds for purposes of financing the
acquisition and installation of solar energy systems, and related
appurtenances thereto, at department facilities. For purposes of this
article, Clean Renewable Energy Bonds are bonds issued subject to
the conditions and terms of Section 1303 of the federal Energy Tax
Incentives Act of 2005 (P.L. 109-58; I.R.C. Sec. 54).
157.2. The net proceeds of bonds issued under this article shall
be deposited in the Clean Renewable Energy Bonds Subaccount, which is
hereby established as a special trust fund in the Special Deposit
Fund created pursuant to Section 16370 of the Government Code.
157.4. (a) In conjunction with the issuance of bonds pursuant to
Section 157.1, the department may, until January 1, 2014, enter into
lease-purchase agreements, lease agreements, or similar agreements
with the California Alternative Energy and Advanced Transportation
Financing Authority to secure financial assistance for the
acquisition and installation of solar energy systems, and to arrange
for the payment of debt service on the Clean Renewable Energy Bonds.
(b) The department may pledge the solar energy system property, or
any interest therein, that is acquired or installed pursuant to this
article as security for any payment in connection with the
acquisition, leasing, or financing of that property or interest,
subject to the purposes described in subdivision (a).
157.6. The solar energy systems funded pursuant to this article
may utilize, and shall comply with, either the net energy metering
program allowable under Section 2827 of the Public Utilities Code or
the feed-in-tariff program allowable under Section 399.20 of the
Public Utilities Code.
157.8. On or before March 1 of each fiscal year, and until
maturity of the bonds issued pursuant to this article, the department
shall report to the budget committees of each house of the
Legislature with regard to the issuance of bonds and the acquisition
and installation of solar energy systems under this article. The
report shall include, but not be limited to, the status of each
facility on which the department has installed solar energy systems;
an accounting of the costs for each solar energy system installed or
acquired by the
department; a description of the energy savings the department has
achieved by acquiring or installing a solar energy system or systems;
and a review and analysis of the expected cost savings at the time
of issuance of the bonds versus actual savings annually.
SEC. 16. Section 182.6 of the Streets and Highways Code is amended
to read:
182.6. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to that portion of subsection (b)(3) of Section 104,
subsections (a) and (c) of Section 157, and subsection (d) of Section
160 of Title 23 of the United States Code that is allocated within
the state subject to subsection (d)(3) of Section 133 of that code.
These funds shall be known as the regional surface transportation
program funds. The department, the transportation planning agencies,
the county transportation commissions, and the metropolitan planning
organizations may do all things necessary in their jurisdictions to
secure and expend those federal funds in accordance with the intent
of federal law and this chapter.
(b) The regional surface transportation program funds shall be
apportioned by the department to the metropolitan planning
organizations designated pursuant to Section 134 of Title 23 of the
United States Code and, in areas where none has been designated, to
the transportation planning agency designated pursuant to Section
29532 of the Government Code. The funds shall be apportioned in the
manner and in accordance with the formula set forth in subsection (d)
(3) of Section 133 of Title 23 of the United States Code, except that
the apportionment shall be among all areas of the state. Funds
apportioned under this subdivision shall remain available for three
federal fiscal years, including the federal fiscal year apportioned.
(c) Where county transportation commissions have been created by
Division 12 (commencing with Section 130000) of the Public Utilities
Code, all regional surface transportation program funds shall be
further apportioned by the metropolitan planning organization to the
county transportation commission on the basis of relative population.
In the Monterey Bay region, all regional surface transportation
program funds shall be further apportioned, on the basis of relative
population, by the metropolitan planning organization to the regional
transportation planning agencies designated under subdivision (b) of
Section 29532 of the Government Code.
(d) The applicable metropolitan planning organization, county
transportation commission, or transportation planning agency shall
annually apportion the regional surface transportation program funds
for projects in each county, as follows:
(1) An amount equal to the amount apportioned under the
federal-aid urban program in federal fiscal year 1990-91 adjusted for
population. The adjustment for population shall be based on the
population determined in the 1990 federal census except that no
county shall be apportioned less than 110 percent of the
apportionment received in the 1990-91 fiscal year. These funds shall
be apportioned for projects implemented by cities, counties, and
other transportation agencies on a fair and equitable basis based
upon an annually updated five-year average of allocations. Projects
shall be nominated by cities, counties, transit operators, and other
public transportation agencies through a process that directly
involves local government representatives.
(2) An amount not less than 110 percent of the amount that the
county was apportioned under the federal-aid secondary program in
federal fiscal year 1990-91, for use by that county.
(e) The department shall notify each metropolitan planning
organization, county transportation commission, and transportation
planning agency receiving an apportionment under this section, as
soon as possible each year, of the amount of obligation authority
estimated to be available for program purposes.
The metropolitan planning organization and transportation planning
agency, in cooperation with the department, congestion management
agencies, cities, counties, and affected transit operators, shall
select and program projects in conformance with federal law. The
metropolitan planning organization and transportation planning agency
shall submit its transportation improvement program prepared
pursuant to Section 134 of Title 23 of the United States Code to the
department for incorporation into the state transportation
improvement program not later than August 1 of each even-numbered
year beginning in 1994.
(f) Not later than July 1 of each year, the metropolitan planning
organizations, and the regional transportation planning agencies,
receiving obligational authority under this article shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will be obligated by the end of the current federal
fiscal year. Any federal obligational authority that will not be used
shall be redistributed by the department to other projects in a
manner that ensures that the state will continue to compete for and
receive increased obligational authority during the federal
redistribution of obligational authority. If the department does not
have sufficient federal apportionments to fully use excess
obligational authority, the metropolitan planning organizations or
regional transportation planning agencies relinquishing obligational
authority shall make sufficient apportionments available to the
department to fund alternate projects, when practical, within the
geographical areas relinquishing the obligational authority.
Notwithstanding this subdivision, the department shall comply with
subsections (d)(3) and (f) of Section 133 of Title 23 of the United
States Code.
(g) A regional transportation planning agency that is not
designated as, nor represented by, a metropolitan planning
organization with an urbanized area population greater than 200,000
pursuant to the 1990 federal census may exchange its annual
apportionment received pursuant to this section on a
dollar-for-dollar basis for nonfederal State Highway Account funds,
which shall be apportioned in accordance with subdivision (d).
(h) (1) If a regional transportation planning agency described in
subdivision (g) does not elect to exchange its annual apportionment,
a county located within the boundaries of that regional
transportation planning agency may elect to exchange its annual
apportionment received pursuant to paragraph (2) of subdivision (d)
for nonfederal State Highway Account funds.
(2) A county not included in a regional transportation planning
agency described in subdivision (g), whose apportionment pursuant to
paragraph (2) of subdivision (d) was less than 1 percent of the total
amount apportioned to all counties in the state, may exchange its
apportionment for nonfederal State Highway Account funds. If the
apportionment to the county was more than 31/2 percent of the total
apportioned to all counties in the state, it may exchange that
portion of its apportionment in excess of 31/2 percent for nonfederal
State Highway Account funds. Exchange funds received by a county
pursuant to this section may be used for any transportation purpose.
(i) The department shall be responsible for closely monitoring the
use of federal transportation funds, including regional surface
transportation program funds to assure full and timely use. The
department shall prepare a quarterly report for submission to the
commission regarding the progress in use of all federal
transportation funds. The department shall notify the commission and
the appropriate implementation agency whenever there is a failure to
use federal funds within the three-year apportionment period
established under subdivision (b).
(j) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under subdivision (b) of this
section.
(k) Within six months of the date of notification required under
subdivision (j), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.
() If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(k), prior to the end of the three-year apportionment period
established under subdivision (b), the commission shall redirect
those funds for use on other transportation projects in the state.
(m) Notwithstanding subdivisions (g) and (h), regional surface
transportation program funds available under this section exchanged
pursuant to Section 182.8 may be loaned to and expended by the
department. The department shall repay from the State Highway Account
to the Traffic Congestion Relief Fund all funds received as federal
reimbursements for funds exchanged under Section 182.8 as they are
received from the Federal Highway Administration, except that those
repayments are not required to be made more frequently than on a
quarterly basis.
(n) Prior to determining the amount for local subvention required
by this section, the department shall first deduct the amount
authorized by the Legislature for increased department oversight of
the federal subvented program.
SEC. 17. Section 182.7 of the Streets and Highways Code is amended
to read:
182.7. (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 do not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to subsection (b)(2) of Section 104 of Title 23 of
the United States Code. These funds shall be known as the congestion
mitigation and air quality program funds and shall be expended in
accordance with Section 149 of Title 23 of the United States Code.
The department, the transportation planning agencies, and the
metropolitan planning organizations may do all things necessary in
their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law and this chapter.
(b) The congestion mitigation and air quality program funds,
including any funds to which subsection (c) of Section 110 of Title
23 of the United States Code, as added by subdivision (a) of Section
1310 of Public Law 105-178, applies, shall be apportioned by the
department to the metropolitan planning organizations designated
pursuant to Section 134 of Title 23 of the United States Code and, in
areas where none has been designated, to the transportation planning
agency established by Section 29532 of the Government Code. The
funds shall be apportioned to metropolitan planning organizations and
transportation planning agencies responsible for air quality
conformity determinations in federally designated air quality
nonattainment and maintenance areas within the state in the manner
and in accordance with the formula set forth in subsection (b)(2) of
Section 104 of Title 23 of the United States Code. Funds apportioned
under this subdivision shall remain available for three federal
fiscal years, including the federal fiscal year apportioned.
Notwithstanding the foregoing, the formula for distributing
apportionments made to metropolitan planning organizations and
transportation planning agencies eligible for funding according to
subsection (b)(2) of Section 104 of Title 23 of the United States
Code shall, for the 2007 and 2008 federal fiscal years, provide
apportionments for the Monterey Bay and Santa Barbara regions such
that each shall receive 50 percent of its 2005 apportionment in
federal fiscal year 2007 and 25 percent of its 2005 apportionment in
federal fiscal year 2008.
(c) Notwithstanding subdivision (b), where county transportation
commissions have been created by Division 12 (commencing with Section
130000) of the Public Utilities Code, all congestion mitigation and
air quality program funds shall be further apportioned by the
metropolitan planning organization to the county transportation
commission on the basis of relative population within the federally
designated air quality nonattainment and maintenance areas after
first apportioning to the nonattainment and maintenance areas in the
manner and in accordance with the formula set forth in subsection (b)
(2) of Section 104 of Title 23 of the United States Code.
In the Monterey Bay region, all congestion mitigation and air
quality improvement program funds shall be further apportioned, on
the basis of relative population, by the metropolitan planning
organization to the regional transportation planning agencies
designated under subdivision (b) of Section 29532 of the Government
Code.
(d) The department shall notify each metropolitan planning
organization, transportation planning agency, and county
transportation commission receiving an apportionment under this
section, as soon as possible each year, of the amount of obligational
authority estimated to be available for expenditure from the federal
apportionment. The metropolitan planning organizations,
transportation planning agencies, and county transportation
commissions, in cooperation with the department, congestion
management agencies, cities and counties, and affected transit
operators, shall select and program projects in conformance with
federal law. Each metropolitan planning organization and
transportation planning agency shall, not later than August 1 of each
even-numbered year beginning in 1994, submit its transportation
improvement program prepared pursuant to Section 134 of Title 23 of
the United States Code to the department for incorporation into the
state transportation improvement program.
(e) Not later than July 1 of each year, the metropolitan planning
organizations and the regional transportation planning agencies
receiving obligational authority under this section, shall notify the
department of the projected amount of obligational authority that
each entity intends to use during the remainder of the current
federal fiscal year, including, but not limited to, a list of
projects that will use the obligational authority. Any federal
obligational authority that will not be used shall be redistributed
by the department to other projects in a manner that ensures that the
state will continue to compete for and receive increased
obligational authority during the federal redistribution of
obligational authority. If the department does not have sufficient
federal apportionments to fully use excess obligational authority,
the metropolitan planning organization or transportation planning
agency relinquishing obligational authority shall make sufficient
apportionments available to the department to fund alternate
projects, when practical, within the geographical areas relinquishing
the obligational authority. Notwithstanding this subdivision, the
department shall comply with subsection (f) of Section 133 of Title
23 of the United States Code.
(f) The department shall be responsible for closely monitoring the
use of federal transportation funds, including congestion management
and air quality funds to assure full and timely use. The department
shall prepare a quarterly report for submission to the commission
regarding the progress in use of all federal transportation funds.
The department shall notify the commission and the appropriate
implementation agency whenever there is a failure to use federal
funds within the three-year apportionment period established under
subdivision (b).
(g) The department shall provide written notice to implementing
agencies when there is one year remaining within the three-year
apportionment period established under subdivision (b).
(h) Within six months of the date of notification required under
subdivision (g), the implementing agency shall provide to the
department a plan to obligate funds that includes, but need not be
limited to, a list of projects and milestones.
(i) If the implementing agency has not met the milestones
established in the implementation plan required under subdivision
(h), prior to the end of the three-year apportionment period
established under subdivision (b), the commission shall redirect
those funds for use on other transportation projects in the state.
(j) Congestion mitigation and air quality program funds available
under this section exchanged pursuant to Section 182.8 may be loaned
to and expended by the department. The department shall repay from
the State Highway Account to the Traffic Congestion Relief Fund all
funds received as federal reimbursements for funds exchanged under
Section 182.8 as they are received from the Federal Highway
Administration, except that those repayments are not required to be
made more frequently than on a quarterly basis.
(k) Prior to determining the amount for local subvention required
by this section, the department shall first deduct the amount
authorized by the Legislature for increased department oversight of
the federal subvented program.
SEC. 18. Section 1678 of the Vehicle Code is amended to read:
1678. (a) Between January 1, 2004, and December 31, 2004,
inclusive, the fee amounts set forth in Section 488.385 of the Code
of Civil Procedure, Section 10902 of the Revenue and Taxation Code,
and Sections 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13,
9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 12814.5, 14900,
14900.1, 14901, 14902, 38121, 38225.4, 38225.5, 38232, 38255, 38260,
and 38265 shall be the base fee amounts charged by the department.
(b) On January 1, 2005, and every January 1 thereafter, the
department shall adjust the fees imposed under the sections listed in
subdivision (a) by increasing each fee in an amount equal to the
increase in the California Consumer Price Index for the prior year,
as calculated by the Department of Finance, with amounts equal to or
greater than fifty cents ($0.50) rounded to the next highest whole
dollar.
(c) Any increases to the fees imposed under the sections listed in
subdivision (a) that are enacted by legislation subsequent to
January 1, 2005, shall be deemed to be changes to the base fee for
purposes of the calculation performed pursuant to subdivision (b).
SEC. 19. Section 9250.13 of the Vehicle Code is amended to read:
9250.13. (a) (1) In addition to any other fees specified in this
code and the Revenue and Taxation Code, a fee of eighteen dollars
($18) shall be paid at the time of registration or renewal of
registration of every vehicle, except vehicles described in
subdivision (a) of Section 5014.1, subject to registration under this
code, except those vehicles that are expressly exempted under this
code from the payment of registration fees.
(2) In addition to the fee required under paragraph (1), upon the
implementation of the permanent trailer identification plate program,
and as part of the Commercial Vehicle Registration Act of 2001
(Chapter 861 of the Statutes of 2000), all commercial motor vehicles
subject to Section 9400.1 shall pay a fee of six dollars ($6).
(b) The money realized pursuant to this section shall be
available, upon appropriation by the Legislature, for expenditure to
offset the costs of increasing the uniformed field strength of the
Department of the California Highway Patrol beyond its 1994 staffing
level and those costs associated with maintaining this new level of
uniformed field strength and carrying out those duties specified in
subdivision (a) of Section 830.2 of the Penal Code.
SEC. 20. Section 9553.5 of the Vehicle Code is amended to read:
9553.5. (a) Whenever fees have not been paid in full for an
application for registration of vehicles registered pursuant to
Article 4 (commencing with Section 8050) of Chapter 4, the registrant
shall have 20 days from the date of notice by the department to pay
the balance of the fees due.
(b) Failure to pay the balance of the fees due within 20 days
shall subject the application to penalties, as defined in Sections
9554 and 9554.5, on the unpaid portion of the California fees due.
SEC. 21. Section 9553.7 is added to the Vehicle Code, to read:
9553.7. The penalty for delinquency with respect to any transfer
is fifteen dollars ($15) and applies only to the last transfer.
SEC. 22. Section 9554 of the Vehicle Code is amended to read:
9554. (a) (1) The penalty shall be computed as provided in
Sections 9406 and 9559 and shall be collected with the fee, except
that the penalty for delinquency with respect to any transfer is
fifteen dollars ($15) and applies only to the last transfer.
(2) A penalty shall be added on any application for renewal of
registration made later than midnight of the date of expiration or on
or after the date penalties become due. The penalty shall be
computed after the registration and weight fees have been combined
with the license fee specified in Section 10751 of the Revenue and
Taxation Code, as follows:
(A) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
(B) For a delinquency period of more than 10 days to and including
30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days to and including
one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(3) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or before December 31, 2002.
(b) Penalties specified in paragraphs (1), (2), and (3) of this
subdivision shall be computed as provided in Section 9559 and shall
be collected with the fee, except that the penalty for delinquency
with respect to any transfer is fifteen dollars ($15) and applies
only to the last transfer. A penalty shall be added on any
application for a renewal of registration made later than midnight of
the date of expiration or on or after the date penalties become due.
(1) (A) For a delinquency period of 10 days or less, the penalty
is ten dollars ($10).
(B) For a delinquency period of more than 10 days, to and
including 30 days, the penalty is fifteen dollars ($15).
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is thirty dollars ($30).
(D) For a delinquency period of more than one year, to and
including two years, the penalty is fifty dollars ($50).
(E) For a delinquency period of more than two years, the penalty
is one hundred dollars ($100).
(2) The penalty on the weight fee and the vehicle license fee
shall be computed after the weight fee as provided in Section 9400 or
9400.1 plus the vehicle license fee specified in Section 10751 of
the Revenue and Taxation Code have been added together as follows:
(A) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
(B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(3) Weight fees not reported and not paid within 20 days, as
required by Section 9406, shall be assessed a penalty on the
difference in the weight fee, as follows:
(A) For a delinquency period of 10 days or less, the penalty is 10
percent of the fee.
(B) For a delinquency period exceeding 10 days, to and including
30 days, the penalty is 20 percent of the fee.
(C) For a delinquency period of more than 30 days, to and
including one year, the penalty is 60 percent of the fee.
(D) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(E) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(4) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after January 1, 2003, but
before December 1, 2008.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 23. Section 9554 is added to the Vehicle Code, to read:
9554. (a) A penalty shall be added on any application for renewal
of registration made later than midnight of the date of expiration
or on or after the date penalties become due. Penalties shall be
computed as provided in Section 9559 and shall be collected with the
fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Ten percent of the vehicle license fee, or the combined amount
of the vehicle license fee and the weight fee if the vehicle is
subject to both fees, for a delinquency period of 10 days or less.
(2) Twenty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 10
days, to and including 30 days.
(3) Sixty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than 30
days, to and including one year.
(4) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(5) One hundred sixty percent of the vehicle license
fee, or the combined amount of the vehicle license fee and the weight
fee if the vehicle is subject to both fees, for a delinquency period
of more than two years.
(d) On or after January 1, 2003, a penalty assessment for weight
fees not reported and not paid within 20 days as required by Section
9406 shall be applied to the difference in the weight fee as follows:
(1) Ten percent of the fee for a delinquency period of 10 days or
less.
(2) Twenty percent of the fee for a delinquency period more than
10 days, to and including 30 days.
(3) Sixty percent of the fee for a delinquency period more than 30
days, to and including one year.
(4) Eighty percent of the fee for a delinquency period more than
one year, to and including two years.
(5) One hundred sixty percent for a delinquency period more than
two years.
(e) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Ten dollars ($10) for a delinquency period of 10 days or less.
(2) Fifteen dollars ($15) for a delinquency period of more than 10
days, to and including 30 days.
(3) Thirty dollars ($30) for a delinquency period of more than 30
days, to and including one year.
(4) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(5) One hundred dollars ($100) for a delinquency period of more
than two years.
(6) This subdivision applies to the renewal of registration for
vehicles with expiration dates on or after December 1, 2008.
(f) This section shall become operative January 1, 2009.
SEC. 24. Section 9554.5 of the Vehicle Code is amended to read:
9554.5. (a) A penalty shall be added on any application for
original registration made later than midnight of the date of
expiration or on or after the date penalties become due. The penalty
shall be computed after the registration and weight fees have been
combined with the license fee specified in Section 10751 of the
Revenue and Taxation Code, as follows:
(1) For a delinquency period of one year or less, the penalty is
40 percent of the fee.
(2) For a delinquency period of more than one year to and
including two years, the penalty is 80 percent of the fee.
(3) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(4) This subdivision applies to applications for an original
registration where the date for which fees are due is on or before
December 31, 2002.
(b) The penalties specified in paragraphs (1) and (2) shall be
added to any delinquent application for original registration made on
or after the date penalties become due.
(1) The penalty for the registration fee provided in Section 9250
is as follows:
(A) For a delinquency period of one year or less, the penalty is
thirty dollars ($30).
(B) For a delinquency period of more than one year, to and
including two years, the penalty is fifty dollars ($50).
(C) For a delinquency period of more than two years, the penalty
is one hundred dollars ($100).
(2) The penalty on the weight fee and vehicle license fee shall be
computed after the weight fee as provided in Section 9400 or 9400.1
plus the vehicle license fee specified in Section 10751 of the
Revenue and Taxation Code have been added together, as follows:
(A) For a delinquency period of one year or less, the penalty is
40 percent of the fee.
(B) For a delinquency period of more than one year, to and
including two years, the penalty is 80 percent of the fee.
(C) For a delinquency period of more than two years, the penalty
is 160 percent of the fee.
(3) This subdivision shall apply to original registrations where
the date the fee is due is on or after January 1, 2003, but before
December 1, 2008.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
SEC. 25. Section 9554.5 is added to the Vehicle Code, to read:
9554.5. (a) On and after January 1, 2003, a penalty shall be
added on any application for original registration made later than
midnight of the date of expiration or on or after the date penalties
become due. Penalties shall be computed as provided in Section 9559
and shall be collected with the fee.
(b) The penalty assessment for the delinquent payment of the
registration fee specified in Section 9250 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(c) The penalty assessment for the delinquent payment of the
weight fee specified in Section 9400 or 9400.1 and the vehicle
license fee as specified in Section 10751 of the Revenue and Taxation
Code shall be as follows:
(1) Forty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of one year or
less.
(2) Eighty percent of the vehicle license fee, or the combined
amount of the vehicle license fee and the weight fee if the vehicle
is subject to both fees, for a delinquency period of more than one
year, to and including two years.
(3) One hundred sixty percent of the vehicle license fee, or the
combined amount of the vehicle license fee and the weight fee if the
vehicle is subject to both fees, for a delinquency period of more
than two years.
(d) A single penalty assessment for the delinquent payment of the
fees specified in Sections 9250.8 and 9250.13 shall be as follows:
(1) Thirty dollars ($30) for a delinquency period of one year or
less.
(2) Fifty dollars ($50) for a delinquency period of more than one
year, to and including two years.
(3) One hundred dollars ($100) for a delinquency period of more
than two years.
(4) This subdivision shall apply to applications for an original
registration where the date the fee is due is on or after December 1,
2008.
(e) This section shall become operative January 1, 2009.
SEC. 26. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to make statutory changes relative to provisions
governing transportation funds to implement the Budget Act of 2008,
it is necessary that this act take effect immediately.