Amended in Senate January 6, 2014

Amended in Senate September 5, 2013

Amended in Senate August 12, 2013

Amended in Assembly April 15, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 418


Introduced by Assembly Members Mullin and Eggman

February 15, 2013


An actbegin delete relating to electric vehicles, and making an appropriation therefor.end deletebegin insert to add the heading of Article 1 (commencing with Section 65089.11) to Chapter 2.65 of, and to add Article 2 (commencing with Section 65089.50) to Chapter 2.65 of, Division 1 of Title 7 of, the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 418, as amended, Mullin. begin deleteElectric vehicles. end deletebegin insertLocal government: special tax, assessment, or property-related fee.end insert

begin insert

Existing law, until January 1, 2013, authorized the City/County Association of Governments of San Mateo County to impose a fee of up to $4 on motor vehicles registered within San Mateo County for a program for the management of traffic congestion and stormwater pollution within that county.

end insert
begin insert

This bill would authorize the City/County Association of Governments of San Mateo County, in accordance with specified provisions of the California Constitution, to impose a parcel tax or a property-related fee for the purpose of implementing stormwater management programs, as prescribed.

end insert
begin insert

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

end insert
begin delete

Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, reduction of criteria air pollutants and improvement of air quality. Existing law requires, until January 1, 2016, that a portion of the registration fees for motor vehicles and vessels be deposited into the Air Quality Improvement Fund and, upon appropriation, be expended for the implementation of the program. Pursuant to the Air Quality Improvement Program, the state board has established the Clean Vehicle Rebate Project to promote the production and use of zero-emission vehicles and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project to provide vouchers to help California fleets to purchase hybrid and zero-emission trucks and buses.

end delete
begin delete

Existing law establishes the Vehicle Inspection and Repair Fund, which serves as a repository for fees collected by the Department of Consumer Affairs pursuant to the Automotive Repair Act.

end delete
begin delete

This bill would require the Controller, upon the order of the Director of Finance, to transfer, as a loan, $30,000,000 from the Vehicle Inspection and Repair Fund to the Air Quality Improvement Fund. The bill would appropriate to the state board $30,000,000 from the Air Quality Improvement Fund for the Clean Vehicle Rebate Project and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, thereby making an appropriation.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) The County of San Mateo and each of the 20 incorporated
4cities within this county have joined together to form the
521-member City/County Association of Governments of San Mateo
6County, a joint powers agency that addresses issues of countywide
7significance, including water pollution prevention programs.

end insert
begin insert

8(b) Each of the 21-member agencies of the City/County
9Association of Governments of San Mateo County is mandated to
P3    1comply with municipal stormwater permit requirements issued by
2the San Francisco Bay Regional Water Quality Control Board.

end insert
begin insert

3(c) The City/County Association of Governments of San Mateo
4County helps coordinate municipal stormwater permit compliance
5activities among its member agencies and, in cases where
6compliance activities are more effectively implemented at a
7countywide level, does so on their behalf as directed by its member
8agencies.

end insert
begin insert

9(d) The addition of Section 65089.50 to the Government Code
10will better enable the City/County Association of Governments of
11San Mateo County to do, among other things, all of the following:

end insert
begin insert

12(1) In conjunction with its member agencies, protect the natural
13resources within the County of San Mateo and restore and enhance
14the environment, including the long-term protection of the waters
15of local creeks, the San Francisco Bay, and the coastline along
16the Pacific Ocean.

end insert
begin insert

17(2) Develop and adopt a countywide stormwater management
18program designed to coordinate, fund, and implement water
19pollution prevention programs within the County of San Mateo,
20by the City/County Association of Governments of San Mateo
21County or its member agencies.

end insert
begin insert

22(3) Impose, consistent with and pursuant to the California
23Constitution, a special tax or property-related fee within its
24boundaries to fund activities outlined in its joint powers agreement
25and consistent with municipal stormwater permit requirements
26mandated by the San Francisco Bay Regional Water Quality
27Control Board.

end insert
28begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe heading of Article 1 (commencing with Section
2965089.11) is added to Chapter 2.65 of Division 1 of Title 7 of the end insert
begin insert30Government Codeend insertbegin insert, to read:end insert

begin insert

31 

32Article begin insert1.end insert  Traffic Congestion and Stormwater Pollution
33

 

end insert
34begin insert

begin insertSEC. 3.end insert  

end insert

begin insertArticle 2 (commencing with Section 65089.50) is added
35to Chapter 2.65 of Division 1 of Title 7 of the end insert
begin insertGovernment Codeend insertbegin insert,
36to read:end insert

begin insert

 

P4    1Article begin insert2.end insert  Stormwater Management
2

 

3

begin insert65089.50.end insert  

(a) The City/County Association of Governments
4of San Mateo County may impose either a special tax subject to
5the procedures and requirements set forth in subdivision (d) of
6Section 2 of Article XIII C of the California Constitution, or a
7property-related fee subject to the procedures and requirements
8set forth in subdivisions (a), (b), and (c) of Section 6 of Article XIII   
9D of the California Constitution, for the purposes of implementing
10stormwater management programs consistent with the agencies’
11joint powers agreement.

12(b) The special tax or property-related fee, at the option of the
13City/County Association of Governments of San Mateo County,
14may be collected on the tax rolls of the county in the same manner,
15by the same persons, subject to the same penalties, and at the same
16time as, together with and not separate from, county ad valorem
17property taxes. In that event, from the amount collected pursuant
18to this paragraph, the county auditor may deduct that amount
19required to reimburse the county for its actual cost of collection.

end insert
20begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

The Legislature finds and declares that, because of
21the unique circumstances applicable only to the City/County
22Association of Governments of San Mateo County an existing joint
23powers agency composed of the county and every city and town
24within the county that coordinates and provides stormwater permit
25compliance activities, a statute of general application cannot be
26enacted within the meaning of subdivision (b) of Section 16 of
27Article IV of the California Constitution. Therefore, this special
28statute is necessary.

end insert
29begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:

end insert
begin insert

33In order to timely provide for the protection the water of local
34creeks, the San Francisco Bay, and the coastline for the use and
35enjoyment of the citizens of San Mateo and aquatic life, it is
36necessary that this act take effect immediately.

end insert
begin delete
37

SECTION 1.  

(a) The sum of thirty million dollars
38($30,000,000) is hereby appropriated from the Air Quality
39Improvement Fund to the State Air Resources Board for the Clean
40Vehicle Rebate Project and Hybrid and Zero-Emission Truck and
P5    1Bus Voucher Incentive Project established pursuant to Article 3
2(commencing with Section 44274) of Chapter 8.9 of Part 5 of
3Division 26 of the Health and Safety Code.

4(b) Upon the order of the Director of Finance, the sum of thirty
5million dollars ($30,000,000) shall be transferred by the Controller,
6as a loan from the Vehicle Inspection and Repair Fund to the Air
7Quality Improvement Fund. No later than June 30, 2016, the loan
8shall be repaid with interest at the rate earned by the Pooled Money
9Investment Account at the time of the transfer.

end delete


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