Bill Text: CA AB115 | 2011-2012 | Regular Session | Chaptered
Bill Title: Transportation.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-06-30 - Chaptered by Secretary of State - Chapter 38, Statutes of 2011. [AB115 Detail]
Download: California-2011-AB115-Chaptered.html
BILL NUMBER: AB 115 CHAPTERED
BILL TEXT
CHAPTER 38
FILED WITH SECRETARY OF STATE JUNE 30, 2011
APPROVED BY GOVERNOR JUNE 30, 2011
PASSED THE SENATE JUNE 10, 2011
PASSED THE ASSEMBLY JUNE 15, 2011
AMENDED IN SENATE JUNE 8, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend Section 16965 of, and to add Sections 16965.1 and
63048.67 to, the Government Code, to amend Sections 167 and 2103 of
the Streets and Highways Code, to amend Sections 2413 and 9400.4 of
the Vehicle Code, and to amend Section 38 of Chapter 6 of the
Statutes of 2011, relating to transportation, making an appropriation
therefor, to take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 115, Committee on Budget. Transportation.
(1) 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 that are subject to
expenditure restrictions by Article XIX of the California
Constitution. Beginning in fiscal year 2012-13, existing law requires
all weight fee revenues to be transferred to the Transportation Debt
Service Fund for this purpose.
This bill would expand the use of weight fee revenues and other
revenues deposited in the Transportation Debt Service Fund by
authorizing their use to redeem or defease transportation bonds
maturing in a subsequent fiscal year, as directed by the Director of
Finance, and would make an appropriation in this regard.
(2) Existing law provides for loans to the General Fund of certain
State Highway Account revenues subject to expenditure restrictions
under Article XIX of the California Constitution, with specified
repayment dates. Specifically, a loan of $80,000,000 from the State
Highway Account is to be repaid by June 30, 2014, a loan of
$147,000,000 from the State Highway Account is to be repaid by June
30, 2014, and a proposed loan of $43,700,000 in SB 69 from the State
Highway Account is to be repaid by June 30, 2015.
This bill would eliminate the current repayment dates for these
loans and instead provide for their repayment by June 30, 2021. The
bill would provide for the Director of Finance to repay any portion
of these loans to the State Highway Account if the director
determines that those revenues are needed to reimburse the General
Fund for debt service on general obligation transportation bonds, and
would then require the Controller to immediately transfer those
revenues from the State Highway Account to the Transportation Debt
Service Fund, and subsequently to the General Fund, for that purpose.
The bill would characterize the revenue in the State Highway Account
that was used to make the above-referenced loans as vehicle weight
fee revenue.
(3) Existing law provides for a loan from the Public
Transportation Account to the General Fund of $29,081,000 from
revenues subject to expenditure restrictions under Article XIX A of
the California Constitution, to be repaid by June 30, 2014.
This bill would eliminate the current repayment date for this loan
and instead provide for repayment by June 30, 2021.
(4) Existing law provides for the sale of Indian gaming compact
assets by the California Infrastructure and Economic Development
Bank, with net proceeds from the sale to be made available for
various purposes, including repayment of a loan of $443,000,000 made
to the General Fund from the State Highway Account through the
Traffic Congestion Relief Fund.
This bill would characterize the source of the revenue in the
State Highway Account that was used to make the above-referenced loan
as vehicle weight fee revenue. The bill, at the time the loan is
repaid from the sale of Indian gaming compact assets to the State
Highway Account, would require the Controller to transfer the funds
from the State Highway Account to the Transportation Debt Service
Fund for subsequent transfer to the General Fund for debt service on
general obligation transportation bonds or to redeem or defease those
bonds.
(5) Existing law provides for a loan from fuel excise tax revenues
subject to expenditure restrictions by Article XIX of the California
Constitution from the Highway Users Tax Account to the General Fund,
to be repaid by June 30, 2013. These revenues were loaned to the
General Fund prior to adoption of Proposition 22 by voters on
November 2, 2010, which, among other things, imposes new restrictions
on the use of fuel excise tax revenues, including a prohibition on
the borrowing of revenues in the Highway Users Tax Account.
This bill would instead provide for this loan to be repaid to the
Highway Users Tax Account by June 30, 2021.
(6) Existing law provides for a loan of vehicle weight fees to the
General Fund in the 2010-11 fiscal year, subsequent to voter
approval of Proposition 22, in lieu of fuel excise tax revenues that
are prohibited from being loaned after November 2, 2010, with
$205,081,000 to be repaid to the State Highway Account by June 30,
2014, $144,444,000 to be repaid by June 30, 2015, and any remaining
loan balance to be repaid by June 30, 2016.
This bill would instead provide for these loans to be repaid by
June 30, 2021. The bill would provide for the Director of Finance to
repay the outstanding balances of these loans in any year in which
the director determines that the funds are needed to reimburse the
General Fund for current debt service on transportation general
obligation bonds or to redeem or defease those bonds maturing in a
subsequent fiscal year. Upon repayment of those loans to the State
Highway Account, the bill would require the Controller to immediately
transfer those funds to the Transportation Debt Service Fund.
(7) Existing law designates the Commissioner of the California
Highway Patrol as the Statewide Vehicle Theft Investigation and
Apprehension Coordinator and authorizes the commissioner to establish
vehicle theft prevention, investigation, and apprehension programs
and to assist local, state, and federal law enforcement agencies in
combating vehicle theft.
Existing law requires the commissioner to submit a report to the
Legislature, no later than 90 days following the end of the fiscal
year, accounting for funds received and disbursed from the Motor
Vehicle Account for the purposes of preventing and enhancing
investigative efforts to deter economic automobile theft.
This bill would authorize the Department of the California Highway
Patrol to retain license plate data captured by a license plate
reader (LPR) for not more than 60 days unless the data is being used
as evidence or for investigation of felonies. The bill would prohibit
the department from selling the data or from making the data
available to an agency that is not a law enforcement agency or an
individual that is not a law enforcement officer. The bill would
authorize the use of the data for purposes of locating vehicles or
persons reasonably suspected of being involved in the commission of a
public offense. The bill would require the department to monitor
internal use of the data to prevent unauthorized use and to submit to
the Legislature, as a part of the annual automobile theft report,
information on the department's LPR practices and usage.
(8) Existing law imposes certain reporting requirements on the
High-Speed Rail Authority with respect to 25% of funds appropriated
to the authority in the 2010 and 2011 Budget Acts, with reports to be
submitted to the Joint Legislative Budget Committee.
This bill would instead provide that 50% of the funds appropriated
to the authority are subject to these reporting requirements. The
bill would also add additional reporting requirements.
(9) Existing law requires a specified portion of the state sales
tax on gasoline, which has been abolished as of July 1, 2010, to be
transferred from the General Fund to the Transportation Investment
Fund for allocation to the state transportation improvement program,
city and county streets and roads, and the Public Transportation
Account. In order for a city or a county to receive a streets and
roads allocation from the Transportation Investment Fund for a fiscal
year, it is required to 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 for those purposes
during the 1996-97, 1997-98, and 1998-99 fiscal years. Existing law
provides that if a city or county fails to comply with this
maintenance of effort requirement in a particular fiscal year, it may
alternatively comply by expending in that year and the following
fiscal year a combined total amount that is not less than the amount
otherwise required to be expended in the 2 fiscal years. Existing
law, notwithstanding these provisions, provides that the County of
Fresno has until June 30, 2015, to meet the maintenance of effort
requirement applicable to the allocation it received in the 2009-10
fiscal year.
This bill would enact similar relief for the City of Santa Rosa.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the City of Santa Rosa.
(10) Existing law requires the Department of Transportation to
annually submit to the Legislature certain supplemental information
to substantiate the department's proposed capital outlay budget.
This bill would include additional items to be included in that
submittal and make other related changes.
(11) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, or to redeem or defease bonds, pursuant to Section 16774,
maturing in a subsequent fiscal year, 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 2701) of Division 3 of the
Streets and Highways Code), the Seismic Retrofit Bond Act of 1996
(Chapter 12.48 (commencing with Section 8879) of Division 1 of Title
2), 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), and the Safe, Reliable High-Speed
Passenger Train Bond Act for the 21st Century (Chapter 20
(commencing with Section 2704) of Division 3 of the Streets and
Highways Code). 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) From moneys transferred to the fund pursuant to subdivision
(a), (b), or (c) of Section 9400.4 of the Vehicle Code, or pursuant
to Section 16965.1 or 63048.67, the Controller shall transfer as an
expenditure reduction to the General Fund any amount necessary to
offset the cost of current year debt service payments made from the
General Fund on any bonds issued pursuant to Proposition 192 (1996)
and three-quarters of the amount of current year debt service
payments made from the General Fund on any bonds issued pursuant to
Proposition 1B (2006). These funds may also be used to redeem or
defease the applicable bonds, pursuant to Section 16774, maturing in
a subsequent fiscal year as directed by the Director of Finance.
(c) From moneys transferred to the fund pursuant to Section 183.1
of the Streets and Highways Code, the Controller shall transfer as an
expenditure reduction to the General Fund any amount necessary to
offset the cost of current year debt service payments made from the
General Fund on any bonds issued pursuant to Proposition 116 (1990).
These funds may also be used to redeem or defease the applicable
bonds, pursuant to Section 16774, maturing in a subsequent fiscal
year as directed by the Director of Finance.
(d) From moneys transferred to the fund pursuant to subdivision
(a), (b), or (c) of Section 9400.4 of the Vehicle Code, or pursuant
to Section 16965.1 or 63048.67, the Controller shall transfer as an
expenditure reduction to the General Fund any amount necessary to
offset the cost of current year debt service payments made from the
General Fund on any bonds issued pursuant to Proposition 108 (1990)
and Proposition 1A (2008), and one-quarter of the amount of current
year debt service payments made from the General Fund on any bonds
issued pursuant to Proposition 1B (2006). The Department of Finance
shall notify the Controller by July 30 of every year of the
percentage of debt service that is expected to be paid in that fiscal
year on bond-funded projects that qualify as eligible guideway
projects consistent with the requirements applicable to the
expenditure of revenues under Article XIX of the California
Constitution. These funds may also be used to redeem or defease the
applicable bonds, pursuant to Section 16774, maturing in a subsequent
fiscal year as directed by the Director of Finance.
(e) On or before the second business day following the date on
which transfers are made to the Transportation Debt Service Fund, the
Controller shall transfer the funds designated for bond debt service
in that month from the fund to the General Fund pursuant to this
section.
SEC. 2. Section 16965.1 is added to the Government Code, to read:
16965.1. (a) (1) The loan repayment dates relative to State
Highway Account loans to the General Fund that are specified in the
provisional language of the following Budget Act items are hereby
eliminated, and the Director of Finance may repay any remaining
portion of the outstanding balance of these loans in any year in
which the director determines the funds are needed to reimburse the
General Fund for debt service or to redeem or defease bonds maturing
in a subsequent fiscal year, provided that the loans shall be repaid
no later than June 30, 2021:
(A) Item 2660-011-0042 of Section 2.00 of the Budget Act of 2010
(SB 870, Chapter 712 of the Statutes of 2010).
(B) Item 2660-013-0042 of Section 2.00 of the Budget Act of 2010,
as added by Section 6 of SB 84 (Chapter 13 of the Statutes of 2011).
(C) Item 2660-013-0042 of Section 2.00 of the Budget Act of 2011,
as contained in SB 69 of the 2011-12 Regular Session, if that
provision is enacted.
(2) All funds loaned pursuant to the provisions referenced in
subparagraphs (A), (B), and (C) of paragraph (1) are hereby
determined to have been from weight fee revenues in the State Highway
Account fund balance. Upon repayment of those loans to the State
Highway Account, those funds shall be immediately transferred by the
Controller to the Transportation Debt Service Fund for use pursuant
to Section 16965.
(b) The loan repayment date relative to the Public Transportation
Account that is specified in the provisional language in Item
2660-011-0046 of Section 2.00 of the Budget Act of 2010 (SB 870,
Chapter 712 of the Statutes of 2010), is hereby eliminated, and the
loan pursuant to this item shall instead be repaid by June 30, 2021.
SEC. 3. Section 63048.67 is added to the Government Code, to read:
63048.67. The loans made from the State Highway Account through
the Traffic Congestion Relief Fund to the General Fund that are
referenced in clause (i) of subparagraph (A) of paragraph (1) of
subdivision (c) of Section 63048.65 are hereby determined to have
been from weight fee revenues in the State Highway Account fund
balance. Any repayments made to the State Highway Account pursuant to
subdivision (e) of Section 63048.65, upon transfer of those funds to
the State Highway Account, shall be immediately transferred by the
Controller from the State Highway Account to the Transportation Debt
Service Fund for use pursuant to Section 16965.
SEC. 4. Section 167 of the Streets and Highways Code is amended to
read:
167. (a) Funds in the State Highway Account in the State
Transportation Fund shall be programmed, budgeted subject to Section
163, and expended to maximize the use of federal funds and shall be
based on the following sequence of priorities:
(1) Operation, maintenance, and rehabilitation of the state
highway system.
(2) Safety improvements where physical changes, other than adding
additional lanes, would reduce fatalities and the number and severity
of injuries.
(3) Transportation capital improvements that expand capacity or
reduce congestion, or do both.
(4) Environmental enhancement and mitigation programs.
(b) With respect to the funds in the State Highway Account, in the
Public Transportation Account, and in the Passenger Rail Bond Fund,
the proposed budget shall be organized on a program basis. The
proposed budget shall list the proposed expenditures for the
transportation program under the following program elements:
(1) Administration.
(2) Program development.
(3) Maintenance.
(4) State highway operation and protection.
(5) Local assistance.
(6) Interregional improvements.
(7) Regional improvements.
(8) Environmental enhancement and mitigation programs.
(c) State operations expenditure amounts of the department for
interregional and regional transportation improvement projects shall
be listed as required by subdivision (b) of Section 14529 of the
Government Code, but those amounts other than those for the
acquisition of rights-of-way and construction shall not be subject to
allocation by the commission.
(d) To align the annual budget with the adopted state
transportation improvement program, the department may submit to the
Department of Finance revised capital outlay support and capital
outlay budget estimates as part of its May Revision process. Budget
proposals related to these changes shall be provided to the
Legislature no later than May 1.
(e) The budget shall not include specific appropriations for
specific transportation improvement projects, and the Legislature
shall not enact legislation containing specific individual
transportation projects.
(f) The basis for defining major and minor capital outlay projects
shall be established by the commission.
(g) The Legislative Analyst shall prepare an analysis of the
proposed expenditures for each program element as a part of the
budget analysis.
(h) The department shall submit to the Legislative Analyst, and
the Senate Committee on Budget and Fiscal Review and the Assembly
Committee on Budget, on an annual basis, supplemental information to
substantiate the department's proposed capital outlay support budget.
The information shall be provided no later than May 1 of each year,
and may be provided at an earlier date. The information shall
include, but not be limited to, the following:
(1) A list of projects for which the department will perform
capital outlay support work in the budget year. For each project, the
department shall include:
(A) The planned project support budget for support of
environmental, design, right-of-way, and construction phases.
(B) The planned capital costs, including construction capital
costs and right-of-way capital costs.
(C) The estimated or actual construction start date and completion
date.
(D) The name and year of the state transportation program in which
the project is programmed, if applicable.
(E) Total prior fiscal year expenditures for capital outlay
support.
(F) The number of full-time equivalent positions requested to
perform support of environmental, design, right-of-way, and
construction work in the fiscal year of the budget request.
(G) Milestones of project work by phases that are planned to be
completed in the fiscal year of the budget request.
(H) The ratio of support to capital costs based on current
programming.
(2) The capital-to-support ratio for all projects completed in the
prior fiscal year in each program in each district.
(3) The current total number of authorized and vacant positions in
the capital outlay support program in headquarters and in each
district.
(4) A five-year projection of the department's staffing needs to
support the state's transportation capital programs and any workload
performed by the department related to federal or local funding for
highway capital projects.
(5) The average cost of a personnel-year equivalent in each
district based on the department's existing contracts for capital
outlay support work performed by a private company under contract
with the department. For each average cost, the department shall
provide a description of what factors are included in that cost.
(6) The average cost of a state staff personnel-year in the
capital outlay support program in each district and in headquarters.
The cost shall include the salary and wages, benefits, program
overhead, administrative overhead, and other associated costs. The
department shall provide a description of each component of the
average cost.
(7) A summary of expected capital outlay support workload for the
budget year that includes the following:
(A) The total full-time equivalents requested for each type of the
following activities: environmental, design, right-of-way, and
construction.
(B) The total full-time equivalents requested for each type of
project, including, but not limited to, the state transportation
improvement program, the state highway operation and protection
program, bond programs, regional and local agency partnership
workload, and any other program.
(8) The total number of projects with requested resources, as well
as the number of projects in which the department is limited to an
oversight role.
(9) The number of milestones scheduled, including environmental,
design, right-of-way, and construction deliverables, as well as the
number of projects expected to begin construction and reach
completion.
(10) A summary for the most recently completed fiscal year for the
following:
(A) Full-time equivalents and related funding expended, including
support of environmental, design, right-of-way, and construction
activities.
(B) Approved and filled positions as of the end of the fiscal
year.
SEC. 5. Section 2103 of the Streets and Highways Code is amended
to read:
2103. (a) 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, 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
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).
(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 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, 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.
(D) Any remaining amount of the highway 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) 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, 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) 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. 6. Section 2413 of the Vehicle Code is amended to read:
2413. (a) The Commissioner of the California Highway Patrol is
designated as the Statewide Vehicle Theft Investigation and
Apprehension Coordinator. The commissioner may establish vehicle
theft prevention, investigation, and apprehension programs. The
commissioner may assist local, state, and federal law enforcement
agencies by coordinating multijurisdictional vehicle theft
investigations and may establish programs to improve the ability of
law enforcement to combat vehicle theft.
(b) The Department of the California Highway Patrol may retain
license plate data captured by a license plate reader (LPR) for no
more than 60 days, except in circumstances when the data is being
used as evidence or for all felonies being investigated, including,
but not limited to, auto theft, homicides, kidnaping, burglaries,
elder and juvenile abductions, Amber Alerts, and Blue Alerts.
(c) The Department of the California Highway Patrol shall not sell
LPR data for any purpose and shall not make the data available to an
agency that is not a law enforcement agency or an individual who is
not a law enforcement officer. The data may be used by a law
enforcement agency only for purposes of locating vehicles or persons
when either are reasonably suspected of being involved in the
commission of a public offense.
(d) The Department of the California Highway Patrol shall monitor
internal use of the LPR data to prevent unauthorized use.
(e) The Department of the California Highway Patrol shall, as a
part of the annual automobile theft report submitted to the
Legislature pursuant to subdivision (b) of Section 10901, report the
LPR practices and usage, including the number of LPR data
disclosures, a record of the agencies to which data was disclosed and
for what purpose, and any changes in policy that affect privacy
concerns.
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
from weight fee revenues in the State Highway Account 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 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 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, referenced in subdivision (b) or (c) of Section
16965 of the Government Code that are maturing in a subsequent year.
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 so that a maximum amount of transfers are made for
debt service reimbursements. 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 38 of Chapter 6 of the Statutes of 2011 is amended
to read:
Sec. 38. Of the amounts appropriated in Items 2665-004-6043,
2665-304-0890, 2665-304-6043, 2665-305-0890, and 2665-305-6043 of
Section 2.00 of the Budget Act of 2011, 50 percent of the total
amount shall be available for expenditure only after the submittal of
a report to the Joint Legislative Budget Committee and a 60-day
review period, or not sooner than whatever lesser time the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, may determine. The High-Speed Rail Authority shall have
discretion concerning how the 50 percent in restricted expenditures
is allocated among the five items of appropriation listed above. The
authority shall submit the report no later than October 14, 2011. The
report shall include, but not necessarily be limited to, all of the
following:
(a) A complete legal analysis of the revenue guarantee or other
mechanisms to reduce the operator's risk that the authority indicates
it would provide to the operator. To mitigate risk, the authority
shall provide an analysis of the revenue contribution to the project
from the private operator with and without a revenue guarantee or
other mechanism to reduce the operator's risk. The authority shall
discuss alternative financing approaches to make up for any lost
revenue in the case of no revenue guarantee or other mechanisms to
reduce the operator's risk.
(b) A financial plan update with alternative funding scenarios. To
mitigate risk, the authority shall report on alternative funding
options if no significant federal funds are received and no revenue
guarantee or other mechanisms to reduce the operator's risk are
allowable. The plan shall also include construction alternatives for
a constrained funding environment, including what investments would
be made and construction completed if the nonbond resources only
equal bond funding.
(c) A public outreach plan for the Bakersfield to Los Angeles
segment.
(d) A formal response and full analysis of the April 18, 2011,
joint statement on California high-speed rail by congressional and
state officials.
(e) A formal response and full analysis of the issues raised in
the May 10, 2011, report by the Legislative Analyst entitled
"High-Speed Rail Is at a Critical Juncture."
SEC. 9. (a) Notwithstanding subdivision (f) of Section 7104.2 of
the Revenue and Taxation Code, the City of Santa Rosa shall have
until June 30, 2015, to meet the maintenance of effort requirement
applicable to cities in order to receive a streets and roads
allocation from the Transportation Investment Fund for the 2009-10
fiscal year.
(b) The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique transportation funding needs in the City of
Santa Rosa.
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.
