Bill Text: CA SB1005 | 2011-2012 | Regular Session | Amended
Bill Title: Transportation.
Spectrum: Unknown
Status: (Engrossed - Dead) 2012-06-14 - Withdrawn from committee. (Ayes 47. Noes 25. Page 5301.) Ordered to second reading. Read second time. Ordered to third reading. [SB1005 Detail]
Download: California-2011-SB1005-Amended.html
BILL NUMBER: SB 1005 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 13, 2012
INTRODUCED BY Committee on Budget and Fiscal Review
FEBRUARY 6, 2012
An act to amend Section 10140 of the Public Contract Code, to
amend Sections 8352.3, 8352.4, 8352.5, and 8352.6 of the Revenue and
Taxation Code, to amend Section 2103 of the Streets and Highways
Code, and to amend Section 9400.4 of, and to add Section
42272 to, the Vehicle Code, relating to the Budget Act
of 2012 transportation, and making an appropriation
therefor, to take effect immediately, bill related to the budget
.
LEGISLATIVE COUNSEL'S DIGEST
SB 1005, as amended, Committee on Budget and Fiscal Review.
Budget Act of 2012. Transportation.
(1) Existing law imposes an excise tax on motor vehicle fuel
(gasoline). Existing law, as a result of the elimination of the sales
tax on gasoline effective July 1, 2010, provides for a commensurate
increase in the excise tax on gasoline. Article XIX of the California
Constitution requires gasoline excise tax revenues from motor
vehicles traveling upon public streets and highways to be deposited
in the Highway Users Tax Account, for allocation to city, county, and
state transportation purposes. Existing law generally provides for
statutory allocation of gasoline excise tax revenues attributable to
other modes of transportation, including aviation, boats,
agricultural vehicles, and off-highway vehicles, to particular
accounts and funds for expenditure on purposes associated with those
other modes. Expenditure of the gasoline excise tax revenues
attributable to those other modes is not restricted by Article XIX of
the California Constitution.
This bill, with respect to the increase in gasoline excise taxes
as a result of the elimination of the sales tax on gasoline, would
instead transfer the revenues attributable to aviation, boats,
agricultural vehicles, and off-highway vehicles to the General Fund,
commencing July 1, 2012, and ending June 30, 2015. The bill, with
respect to these revenues already transferred to the particular
nonhighway accounts and funds in the 2010-11 and 2011-12 fiscal
years, would also transfer those revenues to the General Fund.
Commencing July 1, 2015, the bill would instead transfer these
revenues to the Highway Users Tax Account for allocation to state and
local transportation purposes. Because that account is continuously
appropriated, the bill would make an appropriation.
(2) Existing law provides for the payment of current year general
obligation bond debt service for specified voter-approved
transportation bonds from various revenues deposited in the
Transportation Debt Service Fund, including revenues from vehicle
weight fees in the State Highway Account. Existing law also
authorizes certain loans of vehicle weight fee revenue to the General
Fund.
Existing law, for the 2011-12 fiscal year, appropriates
$866,300,000 from weight fee revenues in the State Highway Account
for transfer to the General Fund as debt service reimbursement and
loans. Existing law requires the Controller, upon notification by the
Director of Finance that all debt service costs for the 2011-12
fiscal year have been reimbursed, to transfer any remaining weight
fee revenues for that fiscal year in the State Highway Account to the
General Fund as a loan until the $866,300,000 has been transferred
to the General Fund.
This bill would instead appropriate, for the fiscal year 2011-12,
all annual revenue generated from the weight fees in the State
Highway Account, excluding an amount equal to a loan of $43,700,000
authorized pursuant to the Budget Act of 2011, for transfer to the
General Fund as debt service reimbursement and loans. Any revenues
for that fiscal year that remain after reimbursement of the debt
service costs would be transferred to the General Fund as a loan, and
the bill would require $42,000,000 of those revenues to be
transferred on July 1, 2012.
(3) Existing law appropriates, commencing with the 2012-13 fiscal
year, all weight fee revenues deposited into the State Highway
Account for transfer to the General Fund as reimbursement for debt
service costs until all of the debt service paid on specified
transportation bonds have been reimbursed or to redeem or defease
bonds that are maturing in a subsequent year.
This bill would require the Controller, upon notification by the
Director of Finance that all debt service costs for the fiscal year
have been reimbursed, to transfer any remaining revenue generated
from the weight fees for that fiscal year to the General Fund as a
loan.
(4) Existing law requires public notice of a project under the
State Contract Act to be given by publication in a newspaper or trade
paper of general circulation, as specified.
This bill would authorize the Department of Transportation to
alternatively meet the public notice requirement through electronic
publication on the department's Internet Web site.
(5) This bill would require the Controller, upon order of the
Director of Finance, to transfer $432,200,000 from the Motor Vehicle
Account to the General Fund as a loan in the 2012-13 fiscal year, to
be repaid upon order of the Director of Finance and no later than
June 30, 2016.
(6) The bill would make other related changes.
(7) This bill would appropriate $1,000 to the California
Transportation Commission from the General Fund relative to
implementation of the bill.
(8) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2012.
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. Section 10140 of the Public
Contract Code is amended to read:
10140. (a) Public notice of a project shall
be given by publication once a week for at least two consecutive
weeks or once a week for more than two consecutive weeks if the
longer period of advertising is deemed necessary by the department,
as follows:
(a)
(1) In a newspaper of general circulation published in
the county in which the project is located, or if located in more
than one county, in such a newspaper in a county in which a major
portion of the work is to be done.
(b)
(2) In a trade paper of general circulation published
in San Francisco for projects located in County Group No. 1, as
defined in Section 187 of the Streets and Highways Code, or in Los
Angeles for projects located in County Group No. 2, as defined in
said Section 187, devoted primarily to the dissemination of contract
and building news among contracting and building materials supply
firms.
The
(b) The department may publish the
notice to bidders for a project in additional trade papers or
newspapers of general circulation that it deems advisable.
(c) In the case of the Department of Transportation, in lieu of
the public notice described in subdivision (a), the public notice
requirement of this section may instead be met by publishing the
notice electronically on that department's Internet Web site.
SEC. 2. Section 8352.3 of the Revenue
and Taxation Code is amended to read:
8352.3. (a) Subject to Sections 8352 and
8352.1, and except as otherwise provided in subdivision (b),
all moneys deposited to the credit of the Motor Vehicle Fuel
Account attributable to the distribution of motor vehicle fuel for
use or used in propelling an aircraft in the state shall be
transferred to the Aeronautics Account in the State Transportation
Fund, for allocation as follows:
(a) To pay the refunds authorized by Section 8101.5.
(b)
(1) To pay the pro rata cost of the Controller and the
board under subdivisions (b), (c), and (d) of Section 8352.1.
(c)
(2) To pay for the support of the Department of
Transportation, for the administration of the State Aeronautics Act
(Division 9 (commencing with Section 21001) of the Public Utilities
Code).
(d)
(3) Remaining balance to be available for expenditures
in accordance with Sections Section
21602 , and 21682 to 21684, inclusive,
Article 4 (commencing with Section 21680) of Chapter 4
of Part 1 of Division 9 of the Public Utilities Code.
(b) From July 1, 2012, until June 30, 2015, inclusive, the
revenues attributable to the taxes imposed pursuant to subdivision
(b) of Section 7360 and Section 7361.1 and otherwise to be deposited
in the Aeronautics Account pursuant to subdivision (a) shall instead
be transferred to the General Fund. The revenues attributable to the
taxes imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 that were deposited in the Aeronautics Account in the 2010-11
and 2011-12 fiscal years shall be transferred to the General Fund.
Commencing July 1, 2015, the revenues attributable to the taxes
imposed pursuant to subdivision (b) of Section 7360 and Section
7361.1 and otherwise to be deposited in the Aeronautics Account
pursuant to subdivision (a) shall instead be transferred to the
Highway Users Tax Account in the State Transportation Fund, for
distribution pursuant to subdivision (a) of Section 2103 of the
Streets and Highways Code.
SEC. 3. Section 8352.4 of the Revenue
and Taxation Code is amended to read:
8352.4. (a) Subject to Sections 8352 and
8352.1, and except as otherwise provided in subdivision (b),
there shall be transferred from the money deposited to the
credit of the Motor Vehicle Fuel Account to the Harbors and
Watercraft Revolving Fund, for expenditure in accordance with
Division 1 (commencing with Section 30) of the Harbors and Navigation
Code, the sum of six million six hundred thousand dollars
($6,600,000) per annum, representing the amount of money in the Motor
Vehicle Fuel Account attributable to taxes imposed on distributions
of motor vehicle fuel used or usable in propelling vessels. The
actual amount shall be calculated using the annual reports of
registered boats prepared by the Department of Motor Vehicles for the
United States Coast Guard and the formula and method of the December
1972 report prepared for this purpose and submitted to the
Legislature on December 26, 1972, by the Director of Transportation.
If the amount transferred during each fiscal year is in excess of the
calculated amount, the excess shall be retransferred from the
Harbors and Watercraft Revolving Fund to the Motor Vehicle Fuel
Account. If the amount transferred is less than the amount
calculated, the difference shall be transferred from the Motor
Vehicle Fuel Account to the Harbors and Watercraft Revolving Fund. No
adjustment shall be made if the computed difference is less than
fifty thousand dollars ($50,000), and the amount shall be adjusted to
reflect any temporary or permanent increase or decrease that may be
made in the rate under the Motor Vehicle Fuel Tax Law. Payments
pursuant to this section shall be made prior to payments pursuant to
Section 8352.2.
(b) From July 1, 2012, until June 30, 2015, inclusive, the
revenues attributable to the taxes imposed pursuant to subdivision
(b) of Section 7360 and Section 7361.1 and otherwise to be deposited
in the Harbors and Watercraft Revolving Fund pursuant to subdivision
(a) shall instead be transferred to the General Fund. The revenues
attributable to the taxes imposed pursuant to subdivision (b) of
Section 7360 and Section 7361.1 that were deposited in the Harbors
and Watercraft Revolving Fund in the 2010-11 and 2011-12 fiscal years
shall be transferred to the General Fund. Commencing July 1, 2015,
the revenues attributable to the taxes imposed pursuant to
subdivision (b) of Section 7360 and Section 7361.1 and otherwise to
be deposited in the Harbor and Watercraft Revolving Fund pursuant to
subdivision (a) shall instead be transferred to the Highway Users Tax
Account in the State Transportation Fund, for distribution pursuant
to subdivision (a) of Section 2103 of the Streets and Highways Code.
When
(c) When deemed necessary by the
Department of Transportation and the Department of Boating and
Waterways, the Department of Transportation, after consultation with
the Department of Boating and Waterways, shall prepare, or cause to
be prepared, an updated report setting forth the current estimate of
the amount of money credited to the Motor Vehicle Fuel Account
attributable to taxes imposed on distributions of motor vehicle fuel
used or usable in propelling vessels. The Department of
Transportation shall submit the report to the Legislature upon its
completion.
SEC. 4. Section 8352.5 of the Revenue
and Taxation Code is amended to read:
8352.5. (a) (1)
Subject to Sections 8352 and 8352.1, and except as otherwise
provided in subdivision (b), there shall be transferred from
the money deposited to the credit of the Motor Vehicle Fuel Account
to the Department of Food and Agriculture Fund, during the second
quarter of each fiscal year, an amount equal to the estimate
contained in the most recent report prepared pursuant to this
section.
The
(2) The amounts are not subject
to Section 6357 with respect to the collection of sales and use taxes
thereon, and represent the portion of receipts in the Motor Vehicle
Fuel Account during a calendar year that were attributable to
agricultural off-highway use of motor vehicle fuel which is subject
to refund pursuant to Section 8101, less gross refunds allowed by the
Controller during the fiscal year ending June 30th
30 following the calendar year to persons
entitled to refunds for agricultural off-highway use pursuant to
Section 8101. Payments pursuant to this section shall be made prior
to payments pursuant to Section 8352.2.
(b) From July 1, 2012, until June 30, 2015, inclusive, the
revenues attributable to the taxes imposed pursuant to subdivision
(b) of Section 7360 and Section 7361.1 and otherwise to be deposited
in the Department of Food and Agriculture Fund pursuant to
subdivision (a) shall instead be transferred to the General Fund. The
revenues attributable to the taxes imposed pursuant to subdivision
(b) of Section 7360 and Section 7361.1 that were deposited in the
Department of Food and Agriculture Fund in the 2010-11 and 2011-12
fiscal years shall be transferred to the General Fund. Commencing
July 1, 2015, the revenues attributable to the taxes imposed pursuant
to subdivision (b) of Section 7360 and Section 7361.1 and otherwise
to be deposited in the Department of Food and Agriculture Fund
pursuant to subdivision (a) shall instead be transferred to the
Highway Users Tax Account in the State Transportation Fund, for
distribution pursuant to subdivision (a) of Section 2103 of the
Streets and Highways Code.
On
(c) On or before September
30, 2012, and on or before September 30th
30 of each odd-numbered
even-numbered year thereafter , the Director of
Transportation and the Director of Food and Agriculture shall jointly
prepare, or cause to be prepared, a report setting forth the current
estimate of the amount of money , including any revenues
attributable to the taxes imposed pursuant to subdivision (b) of
Section 7360 and Section 7361.1 in the Motor Vehicle Fuel
Account attributable to agricultural off-highway use of motor vehicle
fuel, which is subject to refund pursuant to Section 8101 less gross
refunds allowed by the Controller to persons entitled to refunds for
agricultural off-highway use pursuant to Section 8101; and they
shall submit a copy of the report to the Legislature. Commencing
July 1, 2015, any revenues attributable to the taxes imposed
pursuant to subdivision (b) of Section 7360 and Section
7361.1 shall be excluded from this report.
SEC. 5. Section 8352.6 of the Revenue
and Taxation Code is amended to read:
8352.6. (a) (1) Subject to Section 8352.1, and except as
otherwise provided in paragraphs (2) and (3), on the first day
of every month, there shall be transferred from moneys deposited to
the credit of the Motor Vehicle Fuel Account to the Off-Highway
Vehicle Trust Fund created by Section 38225 of the Vehicle Code an
amount attributable to taxes imposed upon distributions of motor
vehicle fuel used in the operation of motor vehicles off highway and
for which a refund has not been claimed. Transfers made pursuant to
this section shall be made prior to transfers pursuant to Section
8352.2.
(2) From July 1, 2012, until June 30, 2015, inclusive, the
revenues attributable to the taxes imposed pursuant to subdivision
(b) of Section 7360 and Section 7361.1 and otherwise to be deposited
in the Off-Highway Vehicle Trust Fund pursuant to paragraph (1) shall
instead be transferred to the General Fund. The revenues
attributable to the taxes imposed pursuant to subdivision (b) of
Section 7360 and Section 7361.1 that were deposited in the
Off-Highway Vehicle Trust Fund in the 2010-11 and 2011-12 fiscal
years shall be transferred to the General Fund. Commencing July 1,
2015, the revenues attributable to the taxes imposed pursuant to
subdivision (b) of Section 7360 and Section 7361.1 and otherwise to
be deposited in the Off-Highway Vehicle Trust Fund pursuant to
paragraph (1) shall instead be transferred to the Highway Users Tax
Account in the State Transportation Fund, for distribution pursuant
to subdivision (a) of Section 2103 of the Streets and Highways Code.
(2)
(3) The Controller shall withhold eight hundred
thirty-three thousand dollars ($833,000) from this
the monthly transfer to the Off-Highway Vehicle
Trust Fund pursuant to paragraph (1) , and transfer that amount
to the General Fund.
(b) The amount transferred to the Off-Highway Vehicle Trust
Fund pursuant to paragraph (1) of subdivision (a), as a
percentage of the Motor Vehicle Fuel Account, shall be equal to the
percentage transferred in the 2006-07 fiscal year. Every five years,
starting in the 2013-14 fiscal year, the percentage transferred may
be adjusted by the Department of Transportation in cooperation with
the Department of Parks and Recreation and the Department of Motor
Vehicles. Adjustments shall be based on, but not limited to, the
changes in the following factors since the 2006-07 fiscal year or the
last adjustment, whichever is more recent:
(1) The number of vehicles registered as off-highway motor
vehicles as required by Division 16.5 (commencing with Section 38000)
of the Vehicle Code.
(2) The number of registered street-legal vehicles that are
anticipated to be used off highway, including four-wheel drive
vehicles, all-wheel drive vehicles, and dual-sport motorcycles.
(3) Attendance at the state vehicular recreation areas.
(4) Off-highway recreation use on federal lands as indicated by
the United States Forest Service's National Visitor Use Monitoring
and the United States Bureau of Land Management's Recreation
Management Information System.
(c) It is the intent of the Legislature that transfers from the
Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund
should reflect the full range of motorized vehicle use off highway
for both motorized recreation and motorized off-road access to other
recreation opportunities. Therefore, the Legislature finds that the
fuel tax baseline established in subdivision (b), attributable to
off-highway estimates of use as of the 2006-07 fiscal year, accounts
for the three categories of vehicles that have been found over the
years to be users of fuel for off-highway motorized recreation or
motorized access to nonmotorized recreational pursuits. These three
categories are registered off-highway motorized vehicles, registered
street-legal motorized vehicles used off highway, and unregistered
off-highway motorized vehicles.
(d) It is the intent of the Legislature that the off-highway motor
vehicle recreational use to be determined by the Department of
Transportation pursuant to paragraph (2) of subdivision (b) be that
usage by vehicles subject to registration under Division 3
(commencing with Section 4000) of the Vehicle Code, for recreation or
the pursuit of recreation on surfaces where the use of vehicles
registered under Division 16.5 (commencing with Section 38000) of the
Vehicle Code may occur.
SEC. 6. Section 2103 of the Streets and
Highways Code is amended to read:
2103. (a) Notwithstanding Section 13340 of the Government Code,
of the net revenues deposited to the credit of the Highway Users Tax
Account that are derived from the increases in the rates of taxes
that are imposed pursuant to subdivision (b) of Section 7360 and
Section 7361.1 of the Revenue and Taxation Code, all of the following
shall occur on a monthly basis:
(1) (A) By the 15th day of every month, the Treasurer's office, in
consultation with the Department of Finance, shall notify the
Controller of the amount of debt service that will be paid on each
transportation bond during that month.
(B) Within two business days following the 28th day of each month,
the Controller shall transfer to the Transportation Debt Service
Fund an amount equal to the amount of monthly debt service paid by
the General Fund on any bonds issued pursuant to the Seismic Retrofit
Bond Act of 1996 (Chapter 12.48 (commencing with Section 8879) of
Division 1 of Title 2 of the Government Code) or any other
highway bonds issued for highway or eligible guideway
projects consistent with the requirements applicable to the
expenditure of revenues under Article XIX of the California
Constitution as identified by the Department of Finance pursuant to
Section 16965 of the Government Code , and three-quarters of
the amount of monthly debt service paid on any bonds issued pursuant
to the Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Chapter 12.49 (commencing with Section
8879.20) of Division 1 of Title 2) for reimbursement of the General
Fund for these costs. If revenues available pursuant to this
subdivision in any given month are insufficient to fully reimburse
the General Fund for the debt service payments made, the first
revenues available pursuant to this subdivision in the following
month or months shall be transferred to the Transportation Debt
Service Fund so that all debt service payments made on these bonds
from the General Fund in a given fiscal year are fully reimbursed.
However, no further transfers shall be made pursuant to this
subparagraph once the transfers for the months of July to October,
inclusive, in 2010 have been made. Any transfers made from the net
revenues identified in this paragraph for highway and eligible
guideway bond debt service for months after October 2010 shall
be reversed and shall instead be made from weight fee revenues in the
State Highway Account, as described in subparagraph (D)
(F) .
(C) Beginning November 2, 2010, the Controller shall transfer to
the State Highway Account within two business days following the 28th
day of each month all of the monthly net revenues identified in
subparagraph (B) that were designated for highway and eligible
guideway bond debt service reimbursement but that have not been
transferred, or that were transferred by means of a transfer that
was reversed, pursuant to that subparagraph. However,
beginning July 1, 2011, transfers made under this subparagraph during
a fiscal year shall not exceed the annual revenue generated from
vehicle weight fees, as determined by Sections 9400.4 and 42205 of
the Vehicle Code, at the rates in effect as of March 24, 2011, as
determined by the Director of Finance. To the extent the
Controller has distributed any of those net revenues to cities and
counties pursuant to subparagraph (C) of paragraph (3) between
November 2, 2010, and the effective date of this
subparagraph March 24, 2011 , the Controller
shall subsequently reduce the amount transferred to cities and
counties on a monthly basis pursuant to subparagraph (C) of paragraph
(3) and shall instead transfer these funds to the State Highway
Account until all of the revenues that would otherwise have been
transferred to the State Highway Account on and after November 2,
2010, pursuant to this subparagraph have been so transferred.
For the 2011-12 fiscal year, the Controller shall transfer to the
State Highway Account within two business days following the 28th day
of each month an amount equal to the weight fee revenues transferred
to the Transportation Debt Service Fund pursuant to subdivision (b)
of Section 9400.4 of the Vehicle Code, including forty-three million
seven hundred thousand dollars ($43,700,000) authorized pursuant to
Item 2660-013-0042 of Section 2.00 of the Budget Act of 2011 and an
amount equal to weight fee revenues transferred to the General Fund
as a loan pursuant to subdivision (b) of Section 9400.4 of the
Vehicle Code. To the extent the Controller has distributed any of
those revenues to cities and counties pursuant to subparagraph (C) of
paragraph (3), the Controller shall subsequently reduce the amount
transferred to cities and counties on a monthly basis
pursuant to subparagraph (C) of paragraph (3) and instead transfer
these funds to the State Highway Account until all of the revenues
that would otherwise have been transferred to the State Highway Acc
ount in the 2011-12 fiscal year pursuant to this
subparagraph have been so transferred.
(D) Notwithstanding subparagraph (C), commencing with the 2012-13
fiscal year and every fiscal year thereafter, the Controller shall
transfer to the State Highway Account within two business days
following the 28th day of each month an amount equal to the amount of
weight fee revenues transferred to the Transportation Debt Service
Fund for highway and eligible guideway bond debt service and to the
General Fund as a loan pursuant to subdivision (c) of Section 9400.4
of the Vehicle Code.
(E) Beginning July 1, 2011, transfers made under subparagraphs (C)
and (D) during a fiscal year shall not exceed the annual revenue
generated from weight fees, as determined by Sections 9400.4 and
42205 of the Vehicle Code, at the rates in effect as of March 24,
2011, as determined by the Department of Finance.
(D)
(F) Any remaining amount of the highway or
eligible guideway bond debt service reimbursement authorized by
this paragraph that has not been made pursuant to subparagraph (B)
on and after November 2, 2010, shall instead be made pursuant to
subdivisions (a) and , (b) , and
(c) of Section 9400.4 of the Vehicle Code from revenues in the
State Highway Account derived from weight fees deposited in the
account pursuant to subdivision (e) of Section 9400.1 and Section
42205 of the Vehicle Code.
(2) (A) In the 2010-11 fiscal year, after the monthly transfer
made pursuant to paragraph (1), the sum of fifty-four million one
hundred sixty-seven thousand dollars ($54,167,000) per month shall be
held in the account for future appropriation by the Legislature.
(B) Notwithstanding any other provision of law, with respect to
the monthly net revenues described in subparagraph (A), no further
transfers of these revenues for the purpose of loans to the General
Fund shall be made pursuant to Item 2660-011-0062 of Section 2.00 of
the Budget Act of 2010 once the loan transfers for the months of July
to October, inclusive, in 2010 have been made. Notwithstanding the
loan repayment date specified in the provisional language for that
item, the funds loaned shall be repaid by June 30, 2021. Any
transfers made from the monthly net revenues in subparagraph (A) for
months after October 2010 shall be reversed and shall instead be made
from weight fee revenues in the State Highway Account, as described
in subparagraph (D). The revenues from loan repayments shall be held
in the Highway Users Tax Account for future appropriation by the
Legislature.
(C) Beginning November 2, 2010, all of the monthly net revenues
described in subparagraph (A) shall instead be transferred by the
Controller to the State Highway Account within two business days
following the 28th day of each month. To the extent that the
Controller has distributed any of the revenues identified in this
paragraph to cities and counties pursuant to subparagraph (C) of
paragraph (3) between October 14, 2010, and the effective
date of this subparagraph March 24, 2011 , the
Controller shall subsequently reduce the amount transferred to cities
and counties on a monthly basis pursuant to subparagraph (C) of
paragraph (3) and shall instead transfer these funds to the State
Highway Account until all of the revenues that would have been
transferred to the General Fund as a loan pursuant to Item
2660-011-0062 of Section 2.00 of the Budget Act of 2010 on and after
November 2, 2010, have instead been transferred to the State Highway
Account.
(D) Any remaining amount of the loans to the General Fund
authorized pursuant to Item 2660-011-0062 of Section 2.00 of the
Budget Act of 2010 that has not been made pursuant to subparagraph
(B) on and after November 2, 2010, shall instead be made pursuant to
subdivisions (a) and , (b) , and
(c) of Section 9400.4 of the Vehicle Code from revenues in the
State Highway Account derived from weight fees deposited in the
account pursuant to subdivision (e) of Section 9400.1 and Section
42205 of the Vehicle Code.
(3) The Controller shall transfer any remaining net revenues
subject to this subdivision as follows:
(A) Forty-four percent shall be transferred to the State Highway
Account to fund projects in the State Transportation Improvement
Program that are consistent with Section 1 of Article XIX of the
California Constitution, except in the 2010-11 fiscal year, 50
percent shall be transferred for purposes of this subparagraph.
(B) Twelve percent shall be transferred to the State Highway
Account to fund projects in the State Highway Operation and
Protection Program, except in the 2010-11 fiscal year, no revenues
shall be transferred for purposes of this subparagraph.
(C) Forty-four percent shall be apportioned by the Controller for
local street and road purposes, except in the 2010-11 fiscal year, 50
percent shall be transferred for purposes of this subparagraph as
follows:
(i) Fifty 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.
(ii) Fifty percent shall be apportioned by the Controller to
counties, including a city and county, in accordance with the
following formulas:
(I) Seventy-five percent shall be apportioned among the counties
in the proportion that the number of fee-paid and exempt vehicles
that are registered in the county bear to the number of fee-paid and
exempt vehicles registered in the state.
(II) Twenty-five percent shall be apportioned among the counties
in the proportion that the number of miles of maintained county roads
in each county bear 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) After the transfers
or other actions pursuant to subdivision (a), at least 90 percent of
the balance deposited to the credit of the Highway Users Tax Account
in the Transportation Tax Fund by the 28th day of each month shall
be apportioned or transferred, as applicable, by the Controller by
the second working day thereafter, except for June, in which case the
apportionment or transfer shall be made the same day. These
apportionments or transfers shall be made as provided for in Sections
2104 to 2122, inclusive. If information is not available to make the
apportionment or transfer as required, the apportionment or transfer
shall be made on the basis of the information of the previous month.
Amounts not apportioned or transferred shall be included in the
apportionment or transfer of the subsequent month.
(c) Notwithstanding any other law, the funds apportioned by the
Controller to cities and counties pursuant to subparagraph (C) of
paragraph (3) of subdivision (a) are not subject to Section 7104 or
7104.2 of the Revenue and Taxation Code. These funds may be expended
for any street and road purpose consistent with the requirements of
this chapter.
SEC. 7. Section 9400.4 of the Vehicle
Code is amended to read:
9400.4. Weight fee revenue deposited into the State Highway
Account pursuant to subdivision (e) of Section 9400.1 and Section
42205 shall be used as follows:
(a) For the 2010-11 fiscal year, seven hundred fifty-six million
three hundred ninety-six thousand dollars ($756,396,000) is hereby
appropriated from weight fee revenues in the State Highway Account
for transfer to the General Fund as transportation bond debt service
reimbursement and loans as follows:
(1) The Controller shall transfer all weight fee revenues
deposited into the State Highway Account in any month to the
Transportation Debt Service Fund for transfer to the General Fund as
reimbursement for debt service costs until all of the debt service
paid on transportation bonds for projects that the Director of
Finance indicates qualify for reimbursement as provided for in
Section 16965 of the Government Code have been reimbursed.
(2) After the Director of Finance has notified the Controller that
all debt service costs for the 2010-11 fiscal year have been
reimbursed, the Controller shall transfer any remaining monthly
weight fee revenues in the State Highway Account to the General Fund
as a loan until the full amount appropriated in this subdivision has
been transferred to the General Fund. The Director of Finance may
repay any remaining portion of the outstanding balance of this loan
in any year in which the Director of Finance determines the funds are
needed to reimburse the General Fund for current year transportation
bond debt service or to redeem or defease those bonds, pursuant to
Section 16774 of the Government Code, maturing in a subsequent fiscal
year, provided that the loans shall be repaid no later than June 30,
2021. All funds loaned pursuant to this section, upon repayment to
the State Highway Account, shall be immediately transferred by the
Controller to the Transportation Debt Service Fund for use pursuant
to Section 16965 of the Government Code.
(3) By June 15, 2011, the Director of Finance in consultation with
the Treasurer shall notify the Controller regarding the final amount
of debt service paid from the General Fund during the 2010-11 fiscal
year pursuant to Section 16965 of the Government Code and shall
direct the Controller to reverse and adjust any transfers made as
debt service reimbursements or loans so that a maximum amount of
transfers are made for debt service reimbursements and with any loan
amounts limited to the difference between this amount and the total
amount appropriated in this subdivision. The total amount of weight
fee revenues transferred from the State Highway Account for the
2010-11 fiscal year shall not be greater than the total amount of
weight fee revenues deposited into the State Highway Account for that
year.
(4) With respect to transfers or portions of transfers that cannot
be made in any given month if weight fee revenues are insufficient,
the first weight fee revenues available in the following month or
months shall be used to complete the transfers for the previous month
or months prior to making additional transfers for later months.
(b) For the 2011-12 fiscal year, eight hundred sixty-six
million three hundred thousand dollars ($866,300,000) is hereby
appropriated all revenue generated from weight
fee revenues fees in the State Highway
Account , as determined by Sections 9400.1 and 42205, excluding
an amount equal to the loan of forty-three million seven hundred
thousand dollars ($43,700,000) authorized pursuant to Item
2660-013-0042 of Section 2.00 of the Budget Act of 2011, is hereby
appropriated for transfer to the General Fund as debt service
reimbursement and loans as follows:
(1) The Controller shall transfer all weight fee revenues
deposited into the State Highway Account in any month to the
Transportation Debt Service Fund for transfer to the General Fund as
reimbursement for debt service costs until all of the debt service
paid on transportation bonds for projects that the Director of
Finance indicates qualify for reimbursement as provided for in
Section 16965 of the Government Code have been reimbursed.
(2) After the Director of Finance has notified the Controller that
all debt service costs for the 2011-12 fiscal year have been
reimbursed, the Controller shall transfer any remaining
monthly weight fee revenues for that fiscal year
in the State Highway Account to the General Fund as a loan until
the full amount all weight fee revenues for
that fiscal year appropriated in this subdivision has
have been transferred to the General Fund ,
excluding forty-two million dollars ($42,000,000), which shall be
transferred to the General Fund as a loan on July 1, 2012 . The
Director of Finance may repay any portion of the balance of this loan
in any year in which the Director of Finance determines the funds
are needed to reimburse the General Fund for current year
transportation bond debt service or to redeem or defease those bonds,
pursuant to Section 16774 of the Government Code, maturing in a
subsequent year, provided that the loans shall be repaid no later
than June 30, 2021. All funds loaned pursuant to this section, upon
repayment to the State Highway Account, shall be immediately
transferred by the Controller to the Transportation Debt Service Fund
for use pursuant to Section 16965 of the Government Code.
(3) By June 15, 2012, the Director of Finance in consultation with
the Treasurer shall notify the Controller regarding the final amount
of debt service paid from the General Fund during the 2011-12 fiscal
year pursuant to Section 16965 of the Government Code and shall
direct the Controller to reverse and adjust any transfers made as
debt service reimbursements or loans so that a maximum amount of
transfers are made for debt service reimbursements and with any loan
amounts limited to the difference between this amount and the total
amount appropriated in this subdivision. The total amount of weight
fee revenues transferred from the State Highway Account for the
2011-12 fiscal year shall not be greater than the total amount of
weight fee revenues deposited into the State Highway Account in that
year.
(4) With respect to transfers or portions of transfers that cannot
be made in any given month if weight fee revenues are insufficient,
the first weight fee revenues available in the following month or
months shall be used to complete the transfers for the previous month
or months prior to making additional transfers for later months.
(c) (1) Starting with the 2012-13 fiscal year and every year
thereafter, all weight fee revenues deposited into the State Highway
Account in any month shall be transferred to the Transportation Debt
Service Fund and are hereby appropriated for transfer to the General
Fund by the Controller as reimbursement for debt service costs until
all of the debt service paid on transportation bonds that the
Director of Finance indicates qualify for reimbursement as provided
for in Section 16965 of the Government Code has been reimbursed, or
to redeem or defease bonds, pursuant to Section 16774 of the
Government Code, as referenced in subdivision (b) or
(c) (d) of Section 16965 of the
Government Code that are maturing in a subsequent year. After the
Director of Finance has notified the Controller that all debt
service costs for the fiscal year have been reimbursed, the
Controller shall transfer any remaining revenue generated from weight
fees for that fiscal year in the State Highway Account to the
General Fund as a loan. The Director of Finance may repay any portion
of the balance of this loan in any year in which the Director of
Finance determines that the funds are needed to reimburse the General
Fund for current year transportation bond debt service or to redeem
or defease those bonds pursuant to Section 16774 of the Government
Code, maturing in a future fiscal year, provided that the loans shall
be repaid no later than June 30, 2021. All funds loaned pursuant to
this section, upon repayment to the State Highway Accoun
t, shall be immediately transferred by the Controller to the
Transportation Debt Service Fund for use pursuant to Section 16965 of
the Government Code. By June 15 of each year , the
Director of Finance , in consultation with the Treasurer
, shall notify the Controller regarding the final amount
of debt service paid from the General Fund during that fiscal year
pursuant to Section 16965 of the Government Code and shall direct the
Controller to reverse or adjust any transfers made as debt service
reimbursements or loans so that a maximum amount of
transfers are made for debt service reimbursements and with any
loan amounts limited to the difference between this amount and the
total amount of revenue for that fiscal year generated from weight
fees, as determined by Sections 9400.1 and 42205 .
The total amount of weight fee revenues transferred from the State
Highway Account in any fiscal year shall not be greater than the
total amount of weight fee revenues deposited into the State Highway
Account in that year.
(2) With respect to transfers or portions of transfers that cannot
be made in any given month if weight fee revenues are insufficient,
the first weight fee revenues available in the following month or
months shall be used to complete the transfers for the previous month
or months prior to making additional transfers for later months.
SEC. 8. Section 42272 is added to the
Vehicle Code , to read:
42272. For the 2012-13 fiscal year, upon order of the Director of
Finance, the Controller shall transfer four hundred thirty-two
million two hundred thousand dollars ($432,200,000) from the Motor
Vehicle Account to the General Fund as a loan, provided that the loan
shall be repaid. The Director of Finance shall order the repayment
by the Controller of that four hundred thirty-two million two hundred
thousand dollars ($432,200,000) to the Motor Vehicle Account no
later than June 30, 2016.
SEC. 9. The sum of one thousand dollars ($1,000)
is hereby appropriated from the General Fund to the California
Transportation Commission to implement the provisions of this act.
SEC. 10. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately.
SECTION 1. It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2012.
