California 2009-2010, 8th Special Session Status: Enacted

AB 9 — Transportation finance.

Last action — Chaptered by Secretary of State. Chapter 12, Statutes of 2009-10 Eighth Extraordinary Session.

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

This bill has been enacted into law. Introduced January 15, 2010. 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) The Motor Vehicle Fuel Tax Law and the Diesel Fuel Tax Law each impose a tax at the rate of $0.18 per gallon on the removal, entry, sale, delivery, or specified use of motor vehicle fuel, commonly referred to as gasoline, and including aviation gasoline, and diesel fuel. Article XIX of the California Constitution requires state-imposed excise tax revenues from fuel used in motor vehicles upon public streets and highways to be used solely for highway and mass transit guideway purposes. This bill would require new revenues from an increase in those taxes to first be used to reimburse the General Fund for the amount needed for debt service on specified general obligation transportation bonds, with 44% of remaining revenues to be transferred to the State Highway Account to fund projects in the state transportation improvement program (STIP) , 12% to be transferred to the State Highway Account for the State Highway Operation and Protection Program (SHOPP) , and the remaining 44% to be apportioned to cities and counties for local street and road purposes pursuant to a specified formula, thereby resulting in an appropriation. However, in the 2010–11 fiscal year, after the reimbursement of the General Fund for debt service, approximately $650,000,000 would be retained for future appropriation and 50% of the remaining revenues would be allocated to the STIP and 50% would be allocated to local streets and roads. (2) Existing law, pursuant to Proposition 116 of 1990, creates the Public Transportation Account as a trust fund, with revenues in the account to be used solely for mass transportation and transportation planning purposes, and requires revenues from specified portions of the state sales and use tax on the sale of, and the storage, use, or other consumption of, motor vehicle fuel and diesel fuel to be transferred to the account. Existing law also requires revenues deposited in the State Highway Account from various miscellaneous sources that are not subject to Article XIX of the California Constitution to be transferred to the Public Transportation Account. This bill would eliminate the transfer of miscellaneous revenues from the State Highway Account to the Public Transportation Account in the 2010–11 fiscal year, and would instead transfer those revenues to the Transportation Debt Service Fund for reimbursement of the General Fund for payment of current year debt service for specified general obligation rail and transit bonds. The bill would require the Controller to retransfer to the State Highway Account $78,903,000 from the Public Transportation Account that was transferred to that account in the 2009–10 fiscal year from the miscellaneous revenues in the State Highway Account, and to transfer those revenues from the State Highway Account to the Transportation Debt Service Fund for reimbursement for current year debt service on specified general obligation rail and transit bonds. The bill would also reduce the amount to be transferred during the 2009–10 fiscal year from the Public Transportation Account to the Transportation Debt Service Fund for reimbursement of the General Fund for specified general obligation rail and transit bonds from $225,044,000 to $142,058,000. The bill, in the 2010–11 fiscal year, would transfer $254,222,000 from the Public Transportation Account to the Transportation Debt Service Fund for reimbursement of the General Fund for payment of current year debt service for specified general obligation rail and transit bonds. (3) Existing law specifies the authorized expenditures from the Public Transportation Account. Existing law creates the State Transit Assistance Program as one of the eligible transit programs to be funded with 50% of specified revenues in the account. The program provides grants to eligible local agencies under 2 different formulas. Existing law, however, suspends the program for the 2009–10 to 2012–13 fiscal years, inclusive. The remaining funds in the account are allocated to state-level mass transportation and transportation planning programs. This bill would lift the suspension of the State Transit Assistance Program and appropriate $400,000,000 from the Public Transportation Account for the program in the 2009–10 fiscal year under the applicable formulas. The bill would provide for no further funding of the State Transit Assistance Program in the 2010–11 fiscal year. For the 2011–12 fiscal year and subsequent fiscal years, the bill would continuously appropriate 75% of specified revenues in the Public Transportation Account under the applicable formulas to the State Transit Assistance Program and would make the revenues in the account transferred from the State Highway Account available, upon appropriation, only for state-level mass transportation and transportation planning programs, except as specified. Under the State Transit Assistance Program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. This bill would suspend those restrictions with respect to allocations for operating purposes made to those transit operators after January 1, 2010, through the 2011–12 fiscal year. (4) Existing law requires certain motor vehicle fuel sales tax revenues commonly known as the "spillover" that would otherwise be deposited in the Public Transportation Account to instead be deposited in the Mass Transportation Fund, for expenditure on various programs and for transfer to the Transportation Debt Service Fund. This bill would repeal the provisions governing the expenditures from the Mass Transportation Fund and transfer any remaining moneys in the fund to the Public Transportation Account. (5) Existing law, pursuant to Article XIX B of the California Constitution, requires a portion of the revenues from the sales and use tax on motor vehicle fuel to be deposited in the Transportation Investment Fund to be used for specified highway, local street and road, and mass transportation purposes. This bill would, on and after July 1, 2010, transfer any remaining obligations of the Transportation Investment Fund that cannot be funded with revenues in that fund, to the State Highway Account. (6) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 12, Statutes of 2009-10 Eighth Extraordinary Session.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 44. Noes 30. Page 138.)

  5. Assembly Rule 77 suspended. (Page 137.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after March 6 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 21. Noes 10. Page 111.)

  8. Joint Rule 10.5 suspended. (Ayes 29. Noes 1. Page 110.)

  9. Read third time, amended, and returned to third reading.

  10. (Page 106.)

  11. Senate Rule 29.3 suspended.

  12. Read second time. To third reading.

  13. To second reading.

  14. Withdrawn from committee.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 46. Noes 0. Page 52.)

  17. Read second time. To third reading.

  18. Ordered to second reading.

  19. Without reference to committee.

  20. From printer.

  21. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Committee on Budget

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

AB9 BUDGET Concurrence in Senate Amendments By EVANS Eighth Extraordinary Session

Passed 52 Yea · 33 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 473105
Democratic 4001
Republican 1200
Total 523306
% of votes cast 57%36%0%7%
How each member voted (91)
Member Party Vote
Cook — Nay
Emmerson — Nay
Eng — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Nay
Chesbro — Yea
Coto — Yea
Davis — Yea
Evans — Yea
Feuer — Yea
Galgiani — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Beall — Yea
Hayashi — Yea
Hill — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Not Voting
Bill — Nay
Berryhill — Nay
Tom — Nay
Berryhill — Nay
Fuller — Nay
Gilmore — Not Voting
Hagman — Nay
Harkey — Nay
Fletcher — Nay
Gaines — Nay
Audra — Nay
Charles — Not Voting
Huber — Not Voting
Conway — Nay
Knight — Nay
Anderson — Nay
Blakeslee — Nay
Miller — Nay
Monning — Yea
Nestande — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Nay
Adams — Nay
Ammiano — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hernandez — Yea
Huffman — Yea
Jeffries — Nay
Lieu — Yea
Logue — Nay
Ma — Yea
Nava — Nay
Nielsen — Nay
Ruskin — Yea
Skinner — Yea
Torres — Not Voting
Villines — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB9 Committee on BUDGET (Evans) By Ducheny

Passed 22 Yea · 10 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 201006
Democratic 2001
Republican 0001
Total 221008
% of votes cast 55%25%0%20%
How each member voted (40)
Member Party Vote
Wyland — Nay
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Yee — Yea
Cedillo — Yea
Negrete — Yea
Cogdill — Nay
Hancock — Yea
Harman — Not Voting
Huff — Nay
Kehoe — Yea
Runner — Nay
Ducheny — Yea
Dutton — Nay
Leno — Yea
Alquist — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wright — Not Voting
Aanestad — Nay
Ashburn — Not Voting
Hollingsworth — Nay
Liu — Yea
Maldonado — Yea
Walters — Not Voting
Wolk — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

AB9 BUDGET Assembly Third Reading By EVANS Eighth Extraordinary Session

Passed 54 Yea · 0 Nay · 37 Other
Party YeaNayPresentNot Voting
Unaffiliated 480035
Democratic 5000
Republican 1002
Total 540037
% of votes cast 59%0%0%41%
How each member voted (91)
Member Party Vote
Conway — Not Voting
Emmerson — Not Voting
Eng — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Not Voting
Yamada — Yea
Hall — Yea
Chesbro — Yea
Coto — Yea
Tom — Yea
Berryhill — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Hayashi — Yea
Bass — Yea
Block — Yea
Hernandez — Yea
Huber — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Carter — Not Voting
Bill — Not Voting
Berryhill — Not Voting
Fuller — Not Voting
Garrick — Not Voting
Gilmore — Not Voting
Hagman — Not Voting
Fletcher — Not Voting
Gaines — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Audra — Not Voting
Cook — Not Voting
Harkey — Not Voting
Knight — Not Voting
Blakeslee — Not Voting
Mendoza — Not Voting
Miller — Not Voting
Nestande — Not Voting
Norby — Not Voting
Silva — Not Voting
Tran — Not Voting
Villines — Not Voting
Adams — Not Voting
Ammiano — Yea
Anderson — Not Voting
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Hill — Yea
Huffman — Yea
Jeffries — Not Voting
Lieu — Yea
Logue — Not Voting
Nielsen — Not Voting
Smyth — Not Voting
Swanson — Yea
Torrico — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Not Voting
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

taxation transportation
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Frequently asked questions

What does AB 9 do?
(1) The Motor Vehicle Fuel Tax Law and the Diesel Fuel Tax Law each impose a tax at the rate of $0.18 per gallon on the removal, entry, sale, delivery, or specified use of motor vehicle fuel, commonly referred to as gasoline, and including aviation gasoline, and diesel fuel. Article XIX of the California Constitution requires state-imposed excise tax revenues from fuel used in motor vehicles upon public streets and highways to be used solely for highway and mass transit guideway purposes. This bill would require new revenues from an increase in those taxes to first be used to reimburse the General Fund for the amount needed for debt service on specified general obligation transportation bonds, with 44% of remaining revenues to be transferred to the State Highway Account to fund projects in the state transportation improvement program (STIP) , 12% to be transferred to the State Highway Account for the State Highway Operation and Protection Program (SHOPP) , and the remaining 44% to be apportioned to cities and counties for local street and road purposes pursuant to a specified formula, thereby resulting in an appropriation. However, in the 2010–11 fiscal year, after the reimbursement of the General Fund for debt service, approximately $650,000,000 would be retained for future appropriation and 50% of the remaining revenues would be allocated to the STIP and 50% would be allocated to local streets and roads. (2) Existing law, pursuant to Proposition 116 of 1990, creates the Public Transportation Account as a trust fund, with revenues in the account to be used solely for mass transportation and transportation planning purposes, and requires revenues from specified portions of the state sales and use tax on the sale of, and the storage, use, or other consumption of, motor vehicle fuel and diesel fuel to be transferred to the account. Existing law also requires revenues deposited in the State Highway Account from various miscellaneous sources that are not subject to Article XIX of the California Constitution to be transferred to the Public Transportation Account. This bill would eliminate the transfer of miscellaneous revenues from the State Highway Account to the Public Transportation Account in the 2010–11 fiscal year, and would instead transfer those revenues to the Transportation Debt Service Fund for reimbursement of the General Fund for payment of current year debt service for specified general obligation rail and transit bonds. The bill would require the Controller to retransfer to the State Highway Account $78,903,000 from the Public Transportation Account that was transferred to that account in the 2009–10 fiscal year from the miscellaneous revenues in the State Highway Account, and to transfer those revenues from the State Highway Account to the Transportation Debt Service Fund for reimbursement for current year debt service on specified general obligation rail and transit bonds. The bill would also reduce the amount to be transferred during the 2009–10 fiscal year from the Public Transportation Account to the Transportation Debt Service Fund for reimbursement of the General Fund for specified general obligation rail and transit bonds from $225,044,000 to $142,058,000. The bill, in the 2010–11 fiscal year, would transfer $254,222,000 from the Public Transportation Account to the Transportation Debt Service Fund for reimbursement of the General Fund for payment of current year debt service for specified general obligation rail and transit bonds. (3) Existing law specifies the authorized expenditures from the Public Transportation Account. Existing law creates the State Transit Assistance Program as one of the eligible transit programs to be funded with 50% of specified revenues in the account. The program provides grants to eligible local agencies under 2 different formulas. Existing law, however, suspends the program for the 2009–10 to 2012–13 fiscal years, inclusive. The remaining funds in the account are allocated to state-level mass transportation and transportation planning programs. This bill would lift the suspension of the State Transit Assistance Program and appropriate $400,000,000 from the Public Transportation Account for the program in the 2009–10 fiscal year under the applicable formulas. The bill would provide for no further funding of the State Transit Assistance Program in the 2010–11 fiscal year. For the 2011–12 fiscal year and subsequent fiscal years, the bill would continuously appropriate 75% of specified revenues in the Public Transportation Account under the applicable formulas to the State Transit Assistance Program and would make the revenues in the account transferred from the State Highway Account available, upon appropriation, only for state-level mass transportation and transportation planning programs, except as specified. Under the State Transit Assistance Program, funds may not be allocated to a transit operator for operating purposes unless the operator meets one of 2 specified efficiency standards, subject to certain exceptions. This bill would suspend those restrictions with respect to allocations for operating purposes made to those transit operators after January 1, 2010, through the 2011–12 fiscal year. (4) Existing law requires certain motor vehicle fuel sales tax revenues commonly known as the "spillover" that would otherwise be deposited in the Public Transportation Account to instead be deposited in the Mass Transportation Fund, for expenditure on various programs and for transfer to the Transportation Debt Service Fund. This bill would repeal the provisions governing the expenditures from the Mass Transportation Fund and transfer any remaining moneys in the fund to the Public Transportation Account. (5) Existing law, pursuant to Article XIX B of the California Constitution, requires a portion of the revenues from the sales and use tax on motor vehicle fuel to be deposited in the Transportation Investment Fund to be used for specified highway, local street and road, and mass transportation purposes. This bill would, on and after July 1, 2010, transfer any remaining obligations of the Transportation Investment Fund that cannot be funded with revenues in that fund, to the State Highway Account. (6) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.
Who sponsors AB 9?
AB 9 is sponsored by Committee on Budget.
What is the current status of AB 9?
This bill has been enacted into law. Introduced January 15, 2010. Enacted.
Where can I track AB 9?
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