At the January 17, 2017 Board of Supervisors meeting the Board discussed Assembly Bill 1 (AB 1): (Frazier) Transportation Funding, and took a "support" position (Support letter attached). Staff is returning with the companion bill, Senate Bill 1 (SB 1): (Beall). At the time AB 1 was submitted, SB 1 information was not yet available.
Given the similarities between the bills, staff is submitting SB 1 with a recommendation of "support". This is in contrast to AB 1 which was brought forward as a deliberation item with a recommendation to "consider taking a position".
While the bills are similar, they are not identical. For purposes of brevity and clarity, this report focuses on the differences between the bills. Background information such as the well-established need for the bills, supporting data and rationale, the implications of not securing a transportation funding solution, etc., can be found in the January 17, 2017 report to the Board of Supervisors available here:
http://64.166.146.245/docs/2017/BOS/20170117_872/882_01-17-17_1438_AGENDApacket.pdf#page=758
SB 1/AB 1 Revenue Difference Summary Table:
Legislation Description and SB 1-AB 1 Differences
Below is a summary of the subject bill developed by Mark Watts, the County's legislative advocate. Where they exist, differences between SB 1 and AB 1 (2017), and AB X 1-26 (2016) are noted:
Senate Bill 1 (Beall) Transportation Funding Package
- An approximately $6.1 billion (was $7.4 in 2016's AB X 1-26)) annual funding package to repair and maintain our state and local roads, improve our trade corridors, and support public transit and active transportation.
- A $706 million repayment of outstanding transportation loans for state and local roads.
- Eliminates the BOE “true up” that causes funding uncertainty and is responsible for drastic cuts to regional transportation projects.
- Indexes transportation taxes and fees to the California CPI in order to keep pace with inflation.
- Includes reforms and accountability for state and local governments to protect taxpayers.
- Streamlines transportation project delivery to help complete projects quicker and cheaper.
- Protects transportation revenue from being diverted for non-transportation purposes.*
- Helps local governments raise revenue at home to meet the needs of their communities.*
New Annual Funding
- State -- $1.9 (Was $2.9 in 2016's AB X 1-26) billion annually for maintenance and rehabilitation of the state highway system.
- Locals -- $2.4 (Was $2.5 billion in 2016's AB X 1-26) annually for maintenance and rehabilitation of local
- streets and roads.
- Regions -- $577 (Was $534 million in 2016's AB X 1-26) annually to help restore the cuts to the State Transportation Improvement Program (STIP).
- Transit -- $603 (Was $516 in 2016's AB X 1-26 and $563 in AB1 (2017)) million annually for transit capital projects and operations.
- Freight -- $600 (Was $900 in 2016's AB X 1-26) million annually for goods movement.
- Active Transportation -- $80 million annually, with up to $150 million possible through Caltrans efficiencies, for bicycle and pedestrian projects.
- Constitutional Amendment to help locals raise funding at home by lowering the voter threshold for transportation tax measures to 55 percent.*
Reforms and Accountability
- Restores the independence of the California Transportation Commission (CTC).
- Creates the Office of Transportation Inspector General to oversee all state spending on transportation programs.
- Increases CTC oversight and approval of the State Highway Operations and Protection (SHOPP) program.
- Requires local governments to report streets and roads projects to the CTC and continue their own funding commitments to the local system.
Streamlining Project Delivery
- Permanently extends existing CEQA exemption for improvements in the existing roadway.
- Permanently extends existing federal NEPA delegation for Caltrans.
- Creates an Advance Mitigation program for transportation projects to help plan ahead for needed environmental mitigation.
New Annual Funding Sources
- Gasoline Excise Tax -- $1.8 billion (12 cents per gallon increase). This is a decrease from 2016's AB X 1-26 which was $2.5 billion (17 cents per gallon increase).
- End the BOE "true up" -- $1.1 billion
- Diesel Excise Tax -- $600 million (20 cents per gallon increase). This is a decrease from 2016's AB X 1-26 which was $900 million (30 cents per gallon increase)
- Vehicle Registration Fee -- $1.3 billion ($38 per year increase). This is identical to 2016's AB X 1-26
- Zero Emission Vehicle Registration Fee (1) -- $13 Million (AB1 2017 = $21 million) ($165 per year starting in 2nd year) (Was $16 million ($165 per year starting in 2nd year) in 2016's AB X 1-26)
- Truck Weight Fees -- $500 million (return to transportation over five years). This is a decrease from 2016's AB X 1-26 which was $1 billion.
- Diesel Sales Tax -- $303 million (AB1 2017 = 263) (increase increment to 5.25%). This is an increase from 2016's AB X 1-26 which was $216 million (3.5% increase).
- Cap and Trade -- $300 million (from unallocated C&T funds)
- Miscellaneous transportation revenues (2) -- $185 million (Was $149 million in 2016's AB X 1-26)
Keeping Promises and Protecting Revenues
- One-time repayment of outstanding loans from transportation programs over two years. ($706 million)
- Return of truck weight fees to transportation projects over five years. ($500 million, was $1 billion in 2016's AB X 1-26)
- Constitutional amendment to ensure new funding cannot be diverted for non-transportation uses.*
(1) Zero Emission Vehicle Registration Fees, the revenue increases but the per year/vehicle fee does not. An updated forecast was provided which resulted in the revenue increase.
(2) Miscellaneous transportation revenues are a combination of funds that [1] accrue to Caltrans from property rentals and the minor sources, and [2] a correction to a misinterpretation by State Controller regarding funds that ought to accrue to the Highway Users Tax Account (HUTA) (fuel tax funds for local roads) when the Tax that ought to accrue to the Highway Users Tax Account (HUTA) (fuel tax funds for local roads) when the Tax Swap was enacted. Regarding [2], the misinterpretation has continued to the benefit of the state General Fund, when in fact the subject revenues should be transferred to the HUTA.
Additional Information - Governors Office: The Governor released his proposed budget which includes a number of transportation funding reforms and revenue increases. As reported at the January 17th Board of Supervisors meeting, the understanding is that the Governor is open to negotiations on a transportation funding solution so long as the Senate and Assembly continue to make progress with SB 1 and AB 1.
* Future Legislation Related to Transportation Revenue Protection and Voter Threshold Reduction
Revenue Protection: On January 18th, Senate Constitutional Amendment 2 (Newman) was introduced. The bill would prohibit the Legislature from borrowing revenues from fees and taxes imposed by the state on vehicles or their operation and redirect those funds for non-transportation purposes.
Vote Threshold: At the time this report was submitted, staff understands that draft language to lower the vote threshold from supermajority (2/3rds) to simple majority for local transportation related transactions and use taxes has been submitted for Legislative Counsel's review.
The County's 2016 State Legislative platform includes support for a threshold reduction for transportation taxes:
General Revenues/Finances: 44. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally-approved special taxes that fund health, education, economic, stormwater services, library, transportation and/or public safety programs and services.
As additional details become available on the two legislative efforts above, staff will report to the Transportation, Water, and Infrastructure Committee and the BOS.
Support
Associated General Contractors (AGC)
California Association of Councils of Governments/Self Help Counties Coalition
California State Association of Counties (CSAC)
California Transit Association
California Transportation Commission
City of American Canyon
City of Carpinteria
City of Chino
City of Colton
City of Crescent City
City of Cupertino
City of Fort Bragg
City of Goleta
City of La Mirada
City of Lafayette
City of Lakeport
City of Lodi
City of Modesto
City of Monterey
City of Moorpark
City of Morro Bay
City of Ontario
City of Palos Verdes Estates
City of Pico Rivera
City of Pismo Beach
City of Point Arena
City of Rancho Cucamonga
City of Riverbank
City of Sacramento
City of San Carlos
City of San Jose
City of San Luis Obispo
City of Santa Barbara
City of Sausality
City of Thousand Oaks
City of Ukiah
City of Vernon
City of Woodland
County of Humboldt Board of Supervisors
County of Marin Board of Supervisors
County of Monterey Board of Supervisors
County of Napa Board of Supervisors
County of Riverside Board of Supervisors
County of Sacramento Board of Supervisors
County of Santa Clara Board of Supervisors
County of Santa Cruz Board of Supervisors
County of Yolo Board of Supervisors
Golden Empire Transit District (GET) in Bakersfield
Granite Construction Incorporated
League of California Cities
Los Angeles County Division of the League of California Cities
Marin County Council of Mayors and Councilmembers (MCCMC)
Orange County Business Council (OCBC)
Professional Engineers in California Government (PECG)
Santa Clara Valley Transportation Authority (VTA)
Santa Cruz County Regional Transportation Commission (SCCRTC)
Silicon Valley Leadership Group
Siskiyou County Local Transportation Commission
Town of Danville
Town of Windsor
Town of Yountville
Transportation Agency for Monterey County (TAMC)
United Contractors
Urban Counties of California
Ventura Council of Governments
Support if Amended
City of Signal Hill
Oppose Unless Amended
Neutral
Environmental Coalitions
Contra Costa County would not have a position on the bill.