California 2013-2014 Regular Session Status: Enacted

SB 85 — Transportation.

Last action — Chaptered by Secretary of State. Chapter 35, Statutes of 2013.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes general obligation bonds to be issued and sold under various transportation bond measures approved by the voters. Debt service for general obligation bonds is generally payable from the General Fund. Existing law provides for the imposition of weight fees on certain vehicles. Revenues from weight fees, after administrative expenses, are available for expenditure from the State Highway Account. Under Article XIX of the California Constitution, weight fee revenues are restricted to expenditure on certain transportation purposes. Existing law, beginning with the 2012–13 fiscal year, provides for the transfer to the Transportation Debt Service Fund of weight fee revenues deposited in the State Highway Account. These revenues are then transferred from the Transportation Debt Service Fund to the General Fund, as reimbursement for debt service on certain transportation general obligation bonds until all of the eligible debt service on those bonds has been reimbursed, or to redeem or defease bonds that are maturing in a subsequent fiscal year. Existing law also provides for a loan to the General Fund of any of these weight fee revenues that are not immediately needed for debt service reimbursement purposes, but provides for the loans to be repaid when those revenues are needed for debt service reimbursement purposes at a later time, as specified. This bill would create a class of transportation general obligation bonds known as designated bonds, which would be a portion of the transportation general obligation bonds issued and sold pursuant to Proposition 1B of 2006. The bill would provide for transfer, pursuant to a certificate of the Treasurer, of a certain amount of weight fee revenue to the Transportation Debt Service Fund for the purpose of directly paying the debt service on the designated bonds, rather than providing for payment of the debt service indirectly through reimbursement of the General Fund. These weight fee revenues would be deposited in the newly created Transportation Bond Direct Payment Account in the Transportation Debt Service Fund and would be continuously appropriated for that purpose. To the extent the transferred weight fee revenues are insufficient to pay all the debt service on the designated bonds, the General Fund would remain responsible for the remaining debt service. The weight fee revenue to be used to pay debt service on the designated bonds would generally be the amount of weight fee revenue received by the Controller from the 15th day to the last day of each month. The remaining weight fee revenue would be used to pay the debt service on certain other transportation general obligation bonds. This bill would provide that the state covenants with bondholders of designated bonds that it will not alter, amend, or restrict the statutory provisions in this bill that provide for the transfer of weight fees to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, and that it will not reduce weight fees below a specified amount on and after the first date that designated bonds are issued. The bill would enact other related provisions. (2) Existing law provides that the Department of Finance may adjust the budgeting, accounting, and reporting systems for various transportation funds and accounts so that unliquidated encumbrances are not reflected in the fund balance or financial statements. These provisions apply to the Public Transportation Account, the State Highway Account, the Traffic Congestion Relief Fund, the Transportation Investment Fund, and the Transportation Deferred Investment Fund. This bill would delete these provisions and instead provide that, upon order of the Department of Finance, all or some of the state agencies collecting revenues for, or spending from, each of these funds or accounts shall adjust budgeting, accounting, and reporting systems and documents so that unliquidated encumbrances, payables, and other accruals are not reflected in the fund balance in the Governor's Budget fund condition display or the fund balance in the financial statements submitted to the Controller for the budgetary-legal basis annual report. In addition, this bill would provide that the balance of cash advanced from each of these funds and accounts to the Transportation Revolving Account shall be deemed available for budgeting purposes to certain funds and accounts, as specified. (3) Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties, including the power to enter into contracts, as specified. This bill would provide legal procedures for the relocation of publicly and privately owned utility facilities, as defined, when the authority requires any utility to remove any utility facility lawfully maintained in the right-of-way of any high-speed rail property to a location entirely outside the high-speed rail property right-of-way subject to specified conditions. The bill would generally require the authority to pay the reasonable and necessary cost of the removal, including the cost of relocation to a new location outside of the high-speed rail property right-of-way, subject to specified credits. The bill would authorize the authority and any utility to enter into a specified agreement or contract to remove or relocate any utility facility that provides for, among other things, the respective amounts of the cost to be borne by each party or that apportions the obligations and costs of each party. The bill would authorize each party to bring an action in a court of competent jurisdiction to adjudicate the obligations and costs to be borne by each party or in the event of a failure to reach an agreement as provided under these provisions. The bill would also authorize the authority to issue permits to utilities for specified purposes, including applications of utilities for permits to occupy high-speed rail property for longitudinal locations of utility facilities. (4) Existing law, in the 2010–11, 2011–12, and 2012–13 fiscal years, requires certain revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund for payment of current year debt service on certain mass transportation bonds. Existing law, commencing with the 2013–14 fiscal year, requires that these revenues be retained in the State Highway Account until appropriated by the Legislature. This bill would delete the latter requirement and, instead, commencing with the 2013–14 fiscal year, would require the Controller to transfer these revenues to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and would continuously appropriate these funds for payment of current year debt service on certain mass transportation bonds. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 35, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Assembly amendments concurred in. (Ayes 29. Noes 8. Page 1375.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 25. Page 1989.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee. (Ayes 54. Noes 25. Page 1983.)

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.

  10. Referred to Com. on BUDGET.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 24. Noes 9. Page 895.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Withdrawn from committee.

  16. Referred to Com. on RLS.

  17. From printer. May be acted upon on or after February 10.

  18. (Corrected May 9).

  19. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Budget and Fiscal Review · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Committee on Budget and Fiscal Review

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 85 B. & F. R. Senate Third Reading By BLUMENFIELD

Passed 54 Yea · 25 Nay
Party YeaNayPresentNot Voting
Unaffiliated 482000
Democratic 6100
Republican 0400
Total 542500
% of votes cast 68%32%0%0%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Nazarian — Yea
Perea — Yea
Skinner — Yea
Waldron — Nay
Wieckowski — Yea
Chau — Yea
Daly — Yea
Frazier — Yea
Gordon — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Campos — Yea
Cooley — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Jones-Sawyer — Yea
Medina — Yea
Mullin — Yea
Bocanegra — Yea
Pan — Yea
John A. Pérez — Yea
Salas — Yea
Bloom — Yea
Dickinson — Yea
Eggman — Yea
Quirk — Yea
Rendon — Yea
Williams — Yea
Hagman — Nay
Harkey — Nay
Chesbro — Yea
Logue — Nay
Melendez — Nay
Morrell — Nay
Olsen — Nay
Ting — Yea
Weber — Yea
Wilk — Nay
Chávez — Nay
Conway — Nay
Donnelly — Nay
Nestande — Nay
Wagner — Nay
Fox — Yea
Yamada — Yea
Gonzalez — Yea
Gorell — Nay
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Unfinished Supp 2 SB85 Committee on B. & F.R. (Leno) Concurrence

Passed 29 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 26802
Democratic 3000
Total 29802
% of votes cast 74%21%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hueso — Yea
Knight — Nay
Lieu — Yea
Monning — Yea
Steinberg — Yea
Walters — Nay
Wright — Yea
Corbett — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
Cannella — Yea
Galgiani — Yea
De León — Yea
Hernandez — Yea
Beall — Yea
Block — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Torres — Yea
Wolk — Yea
Roth — Not Voting
Wyland — Nay
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

3rd Reading SB85 Committee on B. & F.R.

Passed 24 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 22904
Democratic 2001
Total 24905
% of votes cast 63%24%0%13%
How each member voted (38)
Member Party Vote
Beall — Yea
Hill — Yea
Lara — Yea
Liu — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
Wyland — Nay
Fuller — Nay
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Nay
Knight — Nay
Cannella — Nay
Leno — Yea
De León — Yea
Monning — Yea
Anderson — Nay
Block — Yea
Corbett — Yea
Nielsen — Nay
Pavley — Yea
Price — Not Voting
Roth — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Lieu — Not Voting
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Not Voting
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 85 do?
(1) Existing law authorizes general obligation bonds to be issued and sold under various transportation bond measures approved by the voters. Debt service for general obligation bonds is generally payable from the General Fund. Existing law provides for the imposition of weight fees on certain vehicles. Revenues from weight fees, after administrative expenses, are available for expenditure from the State Highway Account. Under Article XIX of the California Constitution, weight fee revenues are restricted to expenditure on certain transportation purposes. Existing law, beginning with the 2012–13 fiscal year, provides for the transfer to the Transportation Debt Service Fund of weight fee revenues deposited in the State Highway Account. These revenues are then transferred from the Transportation Debt Service Fund to the General Fund, as reimbursement for debt service on certain transportation general obligation bonds until all of the eligible debt service on those bonds has been reimbursed, or to redeem or defease bonds that are maturing in a subsequent fiscal year. Existing law also provides for a loan to the General Fund of any of these weight fee revenues that are not immediately needed for debt service reimbursement purposes, but provides for the loans to be repaid when those revenues are needed for debt service reimbursement purposes at a later time, as specified. This bill would create a class of transportation general obligation bonds known as designated bonds, which would be a portion of the transportation general obligation bonds issued and sold pursuant to Proposition 1B of 2006. The bill would provide for transfer, pursuant to a certificate of the Treasurer, of a certain amount of weight fee revenue to the Transportation Debt Service Fund for the purpose of directly paying the debt service on the designated bonds, rather than providing for payment of the debt service indirectly through reimbursement of the General Fund. These weight fee revenues would be deposited in the newly created Transportation Bond Direct Payment Account in the Transportation Debt Service Fund and would be continuously appropriated for that purpose. To the extent the transferred weight fee revenues are insufficient to pay all the debt service on the designated bonds, the General Fund would remain responsible for the remaining debt service. The weight fee revenue to be used to pay debt service on the designated bonds would generally be the amount of weight fee revenue received by the Controller from the 15th day to the last day of each month. The remaining weight fee revenue would be used to pay the debt service on certain other transportation general obligation bonds. This bill would provide that the state covenants with bondholders of designated bonds that it will not alter, amend, or restrict the statutory provisions in this bill that provide for the transfer of weight fees to the Transportation Debt Service Fund or the Transportation Bond Direct Payment Account, and that it will not reduce weight fees below a specified amount on and after the first date that designated bonds are issued. The bill would enact other related provisions. (2) Existing law provides that the Department of Finance may adjust the budgeting, accounting, and reporting systems for various transportation funds and accounts so that unliquidated encumbrances are not reflected in the fund balance or financial statements. These provisions apply to the Public Transportation Account, the State Highway Account, the Traffic Congestion Relief Fund, the Transportation Investment Fund, and the Transportation Deferred Investment Fund. This bill would delete these provisions and instead provide that, upon order of the Department of Finance, all or some of the state agencies collecting revenues for, or spending from, each of these funds or accounts shall adjust budgeting, accounting, and reporting systems and documents so that unliquidated encumbrances, payables, and other accruals are not reflected in the fund balance in the Governor's Budget fund condition display or the fund balance in the financial statements submitted to the Controller for the budgetary-legal basis annual report. In addition, this bill would provide that the balance of cash advanced from each of these funds and accounts to the Transportation Revolving Account shall be deemed available for budgeting purposes to certain funds and accounts, as specified. (3) Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties, including the power to enter into contracts, as specified. This bill would provide legal procedures for the relocation of publicly and privately owned utility facilities, as defined, when the authority requires any utility to remove any utility facility lawfully maintained in the right-of-way of any high-speed rail property to a location entirely outside the high-speed rail property right-of-way subject to specified conditions. The bill would generally require the authority to pay the reasonable and necessary cost of the removal, including the cost of relocation to a new location outside of the high-speed rail property right-of-way, subject to specified credits. The bill would authorize the authority and any utility to enter into a specified agreement or contract to remove or relocate any utility facility that provides for, among other things, the respective amounts of the cost to be borne by each party or that apportions the obligations and costs of each party. The bill would authorize each party to bring an action in a court of competent jurisdiction to adjudicate the obligations and costs to be borne by each party or in the event of a failure to reach an agreement as provided under these provisions. The bill would also authorize the authority to issue permits to utilities for specified purposes, including applications of utilities for permits to occupy high-speed rail property for longitudinal locations of utility facilities. (4) Existing law, in the 2010–11, 2011–12, and 2012–13 fiscal years, requires certain revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund for payment of current year debt service on certain mass transportation bonds. Existing law, commencing with the 2013–14 fiscal year, requires that these revenues be retained in the State Highway Account until appropriated by the Legislature. This bill would delete the latter requirement and, instead, commencing with the 2013–14 fiscal year, would require the Controller to transfer these revenues to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and would continuously appropriate these funds for payment of current year debt service on certain mass transportation bonds. (5) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors SB 85?
SB 85 is sponsored by Committee on Budget and Fiscal Review.
What is the current status of SB 85?
This bill has been enacted into law. Introduced January 10, 2013. Enacted.
Where can I track SB 85?
Track SB 85 free on One Click Politics — get push/email alerts when it moves.

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