Bill Text: CA SB83 | 2009-2010 | Regular Session | Chaptered
Bill Title: Traffic congestion: motor vehicle registration fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 554, Statutes of 2009. [SB83 Detail]
Download: California-2009-SB83-Chaptered.html
BILL NUMBER: SB 83 CHAPTERED
BILL TEXT
CHAPTER 554
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
INTRODUCED BY Senator Hancock
JANUARY 20, 2009
An act to add Section 65089.20 to the Government Code, and to add
Section 9250.4 to the Vehicle Code, relating to traffic congestion.
LEGISLATIVE COUNSEL'S DIGEST
SB 83, Hancock. Traffic congestion: motor vehicle registration
fees.
Existing law provides for the imposition by certain districts and
local agencies of fees on the registration of motor vehicles in
certain areas of the state that are in addition to the basic vehicle
registration fee collected by the Department of Motor Vehicles for
specific limited purposes.
The bill would authorize a countywide transportation planning
agency, by a majority vote of the agency's board, to impose an annual
fee of up to $10 on motor vehicles registered within the county for
programs and projects for certain purposes. The bill would require
voter approval of the measure. The bill would require the department,
if requested, to collect the additional fee and distribute the net
revenues to the agency, after deduction of specified costs, and would
limit the agency's administrative costs to not more than 5% of the
distributed fees. The bill would require that the fees collected may
be used only to pay for programs and projects bearing a relationship
or benefit to the owners of motor vehicles paying the fee and are
consistent with a regional transportation plan, and would require the
agency's board to make a specified finding of fact in that regard.
The bill would require the governing board of the countywide
transportation planning agency to adopt a specified expenditure plan.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Motor vehicle congestion negatively impacts businesses and
commuters, inhibits the efficient movement of goods, and elevates
pollutants that impact the quality of the state's air.
(2) There are transportation improvements that will reduce
congestion, including those that improve signal coordination,
traveler information systems, intelligent transportation systems,
highway operational improvements, and public transit service
expansions.
(3) There are measures available to lessen the impact of motor
vehicle-related pollution, including congestion management programs,
stormwater runoff best management practices, and transportation
control measures aimed at reducing air pollution.
(b) It is the intent of the Legislature to establish a program
that allows countywide transportation planning agencies or their
counterparts to address congestion through transportation services
and improvements and to mitigate the impacts of motor vehicles on air
and water quality, and improve the business climate and natural
environment.
SEC. 2. Section 65089.20 is added to the Government Code, to read:
65089.20. (a) A countywide transportation planning agency may
place a majority vote ballot measure before the voters of the county
to authorize an increase in the fees of motor vehicle registration in
the county for transportation-related projects and programs
described in this chapter. The agency may impose an additional fee of
up to ten dollars ($10) on each motor vehicle registered within the
county. The ballot measure resolution shall be adopted by a majority
vote of the governing board of the countywide transportation planning
agency at a noticed public hearing. The resolution shall also
contain a finding of fact that the projects and programs to be funded
by the fee increase have a relationship or benefit to the persons
who will be paying the fee, and the projects and programs are
consistent with the regional transportation plan adopted pursuant to
Section 65080. The finding of fact shall require a majority vote of
the governing board at a noticed public hearing.
(b) The ballot measure described in subdivision (a) shall be
submitted to the voters of the county and if approved by the voters
in the county, the increased fee shall apply to the original vehicle
registration occurring on or after six months following the adoption
of the measure by the voters and to a renewal of registration with an
expiration date on or after that six-month period.
(c) (1) The governing board of the countywide transportation
planning agency shall adopt an expenditure plan allocating the
revenue to transportation-related programs and projects that have a
relationship or benefit to the persons who pay the fee. The
transportation-related programs and projects include, but are not
limited to, programs and projects that have the following purposes:
(A) Providing matching funds for funding made available for
transportation programs and projects from state general obligation
bonds.
(B) Creating or sustaining congestion mitigation programs and
projects.
(C) Creating or sustaining pollution mitigation programs and
projects.
(2) For the purposes of paragraph (1), the following terms have
the following meanings:
(A) "Congestion mitigation programs and projects" include, but are
not limited to, programs and projects identified in an adopted
congestion management program or county transportation plan; projects
and programs to manage congestion, including, for example,
high-occupancy vehicle or high-occupancy toll lanes; improved transit
services through the use of technology and bicycle and pedestrian
improvements; improved signal coordination, traveler information
systems, highway operational improvements, and local street and road
rehabilitation; and transit service expansion.
(B) "Pollution mitigation programs and projects" include, but are
not limited to, programs and projects carried out by a congestion
management agency, a regional water quality control board, an air
pollution control district, an air quality management district, or
another public agency that is carrying out the adopted plan of a
congestion management agency, a regional water quality control board,
an air pollution control district, or an air quality management
district.
(d) Not more than 5 percent of the fees distributed to a
countywide transportation planning agency shall be used for
administrative costs associated with the programs and projects.
(e) For purposes of this section, "countywide transportation
planning agency" means the congestion management agency created
pursuant to Chapter 2.6 (commencing with Section 65088) or the agency
designated pursuant to Section 66531 to submit the county
transportation plan.
SEC. 3. Section 9250.4 is added to the Vehicle Code, to read:
9250.4. (a) The department shall, if requested by a countywide
transportation planning agency, collect the fee imposed pursuant to
Section 65089.20 of the Government Code upon the registration or
renewal of registration of a motor vehicle registered in the county,
except those vehicles that are expressly exempted under this code
from the payment of registration fees.
(b) The countywide transportation planning agency shall pay for
the initial setup and programming costs identified by the department
through a direct contract with the department. Any direct contract
payment by the board shall be repaid, with no restriction on the
funds, to the countywide transportation planning agency as part of
the initial revenues available for distribution.
(c) (1) After deducting all costs incurred pursuant to this
section, the department shall distribute the net revenues pursuant to
subdivision (a) of Section 65089.20 of the Government Code.
(2) The costs deducted under paragraph (1) shall not be counted
against the 5-percent administrative cost limit specified in
subdivision (d) of Section 65089.20 of the Government Code.
