Bill Text: CA AB1572 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Service authorities for freeway emergencies: San Diego

Spectrum: Bipartisan Bill

Status: (Passed) 2012-09-13 - Chaptered by Secretary of State - Chapter 299, Statutes of 2012. [AB1572 Detail]

Download: California-2011-AB1572-Amended.html

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BILL NUMBER: AB 1572	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2012
	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Members Fletcher and Block
   (Coauthor: Senator Anderson)

                        FEBRUARY 1, 2012

   An act to add Section 2555.1 to the Streets and Highways Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1572, as amended, Fletcher. Service authorities for freeway
emergencies: San Diego County.
   Existing law authorizes a service authority for freeway
emergencies to be established in any county for the purpose of
funding the installation of call boxes along freeways and expressways
to enable motorists in need of aid to obtain assistance. Existing
law provides that a service authority may impose an annual fee of $1
on vehicles registered in the county for this and other related
purposes, which fee is collected by the Department of Motor Vehicles
(DMV).
   This bill, with respect to the service authority created in the
County of San Diego, would provide  that the $1 fee may not
be imposed or collected effective with the operative date of this
bill until January 1, 2015. The bill would provide  for the
authority to be dissolved and for the San Diego Association of
Governments (SANDAG) to become the successor authority and to assume
the remaining responsibility for maintaining call boxes. The bill
would limit the reserves that  SANDAG, as the successor to the
authority,  may  be held by SANDAG, as the successor to
the authority,   hold at the time this bill becomes
operative  to $4,000,000, and would require SANDAG to distribute
 , by January 1, 2013,  any reserves in excess of that
amount to cities in the County of San Diego, and to the county with
respect to the unincorporated area of the county, in proportion to
fees paid for purposes of the service authority in the 2010-11 fiscal
year by residents of each city and the unincorporated area. The bill
would require  the excess reserves to be distributed by
SANDAG by January 1, 2013, and would require   the
recipient jurisdictions to use  these revenues  to be
used  for  public and motorist safety programs by
the recipient jurisdictions   the purposes for which the
fees were collected  . The bill would also  authorize
SANDAG to carry out specified projects and would  require
SANDAG to post its detailed budget relative to the revenues from the
collection of the fee, and the expenditure of these funds, on its
Internet Web site, as specified.  The bill would also limit
the reserves that may be held by SANDAG as the successor authority on
and after January 1, 2015, to $4,000,000.  
   The bill would require SANDAG to notify the DMV 6 months prior to
resuming the collection of the fee if reserves are below, or are
projected to be below, $4,000,000 and would limit the resuming of
collection of the fee to one entire fiscal year of the authority. The
bill would also require that SANDAG reimburse the DMV for
administrative costs associated with the collection of the fee, in an
amount not exceeding $50,000.  
   The bill would authorize SANDAG to adjust the maximum amount of
reserves for inflation. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would provide that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2555.1 is added to the Streets and Highways
Code, to read: 
   2555.1.  (a) Notwithstanding Section 2555, commencing on the date
this section becomes operative and continuing until January 1, 2015,
no fee may be imposed by the authority created in the County of San
Diego, or collected on behalf of that authority by the Department of
Motor Vehicles (DMV) pursuant to Section 9250.10 of the Vehicle Code.
Fee collection may, but is not required to, resume on January 1,
2015, consistent with this section.
   (b) The authority, commencing 
    2555.1.    (a)     Commencing
 on the date this section becomes operative,  the service
authority created in the County of San Diego  shall be
dissolved, and, notwithstanding Section 2551, SANDAG shall become the
successor to the dissolved service authority and assume the
remaining  operational  responsibilities for all
operational, administrative, and maintenance tasks for the call box
system. SANDAG shall post its detailed budget relative to the revenue
received from the collection of fees pursuant to  this
section   Section 9250.10 of the Vehicle Code  ,
and the expenditures of these funds, on its Internet Web site.

   (c) (1) The maximum in reserves that may be held by SANDAG as the
successor to the authority in the County of San Diego from fees
collected prior to suspension of fee collection pursuant to
subdivision (a) shall be four million dollars ($4,000,000). In
addition to the projects described in subdivisions (a) to (c),
inclusive, of Section 2557, these reserve funds may only be used for
projects of a type listed in subparagraphs (A) to (D), inclusive, of
paragraph (1) of subdivision (d) of that section.  
   (2) 
    (b)  Any reserves in excess of four million dollars
($4,000,000) held by the authority on the date this section becomes
operative shall be distributed to cities in the County of San Diego,
and to the county with respect to the unincorporated area of the
county, in proportion to fees paid pursuant to Section 2555 in the
2010-11 fiscal year by residents of each city and the unincorporated
area. SANDAG  , as the successor authority,  shall
distribute the funds on or before January 1, 2013. The distributed
funds shall be used by the recipient jurisdictions  solely
for public and motorist safety purposes   in compliance
with Section 2557  . 
   (d) The maximum in reserves that may be held by SANDAG as the
successor to the authority at any time after January 1, 2015, shall
be four million dollars ($4,000,000). In addition to the projects
described in subdivisions (a) to (c) of Section 2557, inclusive,
these reserve funds may only be used for projects of a type listed in
subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision
(d) of that section. Any amount in excess of four million dollars
($4,000,000) shall thereafter be distributed, within one year of
accrual of the excess, to cities in the County of San Diego and to
the county in the same manner as specified in paragraph (2) of
subdivision (b). The distributed funds shall be used by the recipient
jurisdictions solely for public and motorist safety purposes.
 
   (e) If the reserves are below, or are projected to be below, four
million dollars ($4,000,000), SANDAG shall notify the DMV at least
six months prior to the beginning of its next fiscal year that
collection of fees by the DMV shall resume pursuant to subdivision
(a). Fee collection may be resumed only for one entire fiscal year of
SANDAG. SANDAG shall reimburse the DMV for administrative costs not
to exceed fifty thousand dollars ($50,000) associated with the
collection of fees pursuant to subdivision (a) and Section 9250.10 of
the Vehicle Code.  
   (f) SANDAG may adjust the four-million-dollar ($4,000,000) limit
on reserves specified in subdivisions (b) and (e) for inflation based
on the California Consumer Price Index. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to provide for  temporary reduction of
unnecessary vehicle registration fees   SANDAG to absorb
the responsibilities of the authority  in the County of San
Diego as quickly as possible  ,   for the speedy
redistribution of excess reserves held by the authority, and for
preservation of the authority's remaining reserve funds  , it is
necessary that this act take effect immediately.