Bill Text: CA AB2094 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation: Greenhouse Gas Reduction Fund: state and local transportation funds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2094 Detail]
Download: California-2015-AB2094-Amended.html
BILL NUMBER: AB 2094 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Obernolte
FEBRUARY 17, 2016
An act to amend Section 8603 of 39719 of
the Health and Safety Code, and to add Section 7202.1 to the
Revenue and Taxation Code, relating to taxation.
transportation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2094, as amended, Obernolte. Use fuel tax.
Transportation: Greenhouse Gas Reduction Fund: state and local
transportation funds.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include the use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board as part of a
market-based compliance mechanism to be deposited in the Greenhouse
Gas Reduction Fund and to be available, upon appropriation, for
purposes relating to greenhouse gas emissions reduction.
Existing law provides for deposit of revenues from sales and use
taxes in the Retail Sales Tax Fund, including revenues from sales and
use taxes imposed by local agencies under the Bradley-Burns Uniform
Local Sales and Use Tax Law. Existing law provides for revenues from
1/4 of 1% of the sales and use tax rate imposed by counties under the
Bradley-Burns Uniform Local Sales and Use Tax Law to be transferred
from the Retail Sales Tax Fund to local transportation funds created
in each county for allocation by transportation planning agencies to
various transportation purposes under the Transportation Development
Act. The California Constitution imposes certain restrictions on the
Legislature relative to the provisions governing the Bradley-Burns
Uniform Local Sales and Use Tax Law and local transportation funds.
This bill, beginning in the 2016-17 fiscal year, would transfer $1
billion annually from the Greenhouse Gas Reduction Fund to the
Retail Sales Tax Fund, subject to specified conditions, and would
state that the transferred revenues shall be considered part of the
revenues allocated to local transportation funds from the Retail
Sales Tax Fund. The bill, in each fiscal year in which that transfer
occurs, would also continuously appropriate $1 billion from the
Retail Sales Tax Fund for allocation to state highway and local
street and road purposes. The bill would make legislative findings
and declarations in that regard.
The Use Fuel Tax Law imposes a state excise tax on the use of fuel
at specified rates. That law defines the term "motor vehicle" for
purposes of that law.
This bill would make nonsubstantive changes to that definition.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
this act complies with Section 2 of Article XIX A of the California
Constitution, and that:
(a) Subdivision (e) of Section 2 of Article XIX A of the
California Constitution prohibits loans from the Retail Sales Tax
Fund, but does not prohibit transfers or diversions from the Retail
Sales Tax Fund.
(b) Pursuant to subdivision (f) of Section 2 of Article XIX A of
the California Constitution, the percentage of the sales and use tax
imposed pursuant to Section 7202 of the Revenue and Taxation Code
allocated to local transportation funds pursuant to this act remains
identical to the percentage that was transmitted to those funds
during the 2008 calendar year.
SEC. 2. Secti on 39719 of the
Health and Safety Code is amended to read:
39719. (a) The Legislature shall appropriate the annual proceeds
of the fund for the purpose of reducing greenhouse gas emissions in
this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a),
annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015-16 fiscal year, and notwithstanding
Section 13340 of the Government Code, 35 percent of annual proceeds
are continuously appropriated, without regard to fiscal years, for
transit, affordable housing, and sustainable communities programs as
following:
(A) Ten percent of the annual proceeds of the fund is hereby
continuously appropriated to the Transportation Agency for the
Transit and Intercity Rail Capital Program created by Part 2
(commencing with Section 75220) of Division 44 of the Public
Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of Division
44 of the Public Resources Code. Funds shall be allocated by the
Controller, according to requirements of the program, and pursuant to
the distribution formula in subdivision (b) or (c) of Section 99312
of, and Sections 99313 and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby
continuously appropriated to the Strategic Growth Council for the
Affordable Housing and Sustainable Communities Program created by
Part 1 (commencing with Section 75200) of Division 44 of the Public
Resources Code. Of the amount appropriated in this subparagraph, no
less than 10 percent of the annual proceeds, shall be expended for
affordable housing, consistent with the provisions of that program.
(2) Beginning in the 2015-16 fiscal year, notwithstanding Section
13340 of the Government Code, 25 percent of the annual proceeds of
the fund is hereby continuously appropriated to the High-Speed Rail
Authority for the following components of the initial operating
segment and Phase I Blended System as described in the 2012 business
plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the
project.
(c) Beginning in the 2016-17 fiscal year, one billion dollars
($1,000,000,000) of the annual proceeds of the fund shall be
transferred to the Retail Sales Tax Fund if both of the following
conditions are met:
(1) The remaining annual proceeds of the fund, after the
appropriations in paragraphs (1) and (2) of subdivision (b), equal or
exceed one billion dollars ($1,000,000,000).
(2) The amount of revenue collected by the State Board of
Equalization for allocation to local transportation funds pursuant to
Section 29530 of the Government Code in the applicable fiscal year
equals or exceeds one billion dollars ($1,000,000,000).
(c)
(d) In determining the amount of annual proceeds of the
fund for purposes of the calculation in subdivision (b), the funds
subject to Section 39719.1 shall not be included.
SEC. 3. Section 7202.1 is added to the
Revenue and Taxation Code , to read:
7202.1. (a) In any fiscal year in which funds are transferred to
the Retail Sales Tax Fund pursuant to subdivision (c) of Section
39719 of the Health and Safety Code, one billion dollars
($1,000,000,000) of the annual proceeds of the Retail Sales Tax Fund
is hereby continuously appropriated, notwithstanding Section 7204 or
Section 13340 of the Government Code and without regard to fiscal
years, as follows:
(1) Fifty percent to the Department of Transportation for
maintenance of the state highway system, or for projects contained in
the State Highway Operation and Protection Program prepared pursuant
to Section 14526.5 of the Government Code.
(2) Fifty percent to the Controller, for apportionment to cities
and counties for local street and road purposes pursuant to the
formula contained in subparagraph (C) of paragraph (3) of subdivision
(a) of Section 2103 of the Streets and Highways Code.
(b) Funds that are transferred to the Retail Sales Tax Fund
pursuant to subdivision (c) of Section 39719 of the Health and Safety
Code shall be considered part of the revenues allocated to local
transportation funds pursuant to Section 29530 of the Government
Code.
SECTION 1. Section 8603 of the Revenue and
Taxation Code is amended to read:
8603. As used in this part "motor vehicle" includes any
self-propelled vehicle operated or suitable for operation on the
highway, but does not include a vehicle used exclusively upon
stationary rails or tracks.
