Section § 1

Explanation

This law section says that the government cannot borrow money from the funds collected through highway user taxes. It also emphasizes that this money must only be used for specific purposes as outlined in this article.

The Legislature shall not borrow revenue from the Highway Users Tax Account, or its successor, and shall not use these revenues for purposes, or in ways, other than those specifically permitted by this article.

Section § 2

Explanation

This section states that the money collected from state taxes on motor vehicle fuel, after deducting collection costs and any refunds, must go into a special trust fund called the Highway Users Tax Account. This money is specifically meant for maintaining and improving public streets and highways and related facilities, including planning, construction, and environmental protection. It can also be used for public mass transit guideways, like certain rail systems, but not for the ongoing operational costs of these transit systems.

Revenues from taxes imposed by the State on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and any refunds authorized by law, shall be deposited into the Highway Users Tax Account (Section 2100 of the Streets and Highways Code) or its successor, which is hereby declared to be a trust fund, and shall be allocated monthly in accordance with Section 4, and shall be used solely for the following purposes:
(a)CA California Constitution Code § 2(a) The research, planning, construction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.
(b)CA California Constitution Code § 2(b) The research, planning, construction, and improvement of exclusive public mass transit guideways (and their related fixed facilities), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment, and services.

Section § 3

Explanation

This law states that the extra money collected from vehicle fees and taxes in California, beyond just covering the costs to collect them, must be used for certain purposes. Specifically, it should fund the state's regulation and enforcement of vehicle-related laws, such as registering and operating vehicles on public roads. This includes enforcing traffic rules and addressing environmental issues caused by vehicles like air and noise pollution. Additionally, it should be used for purposes outlined in another section of the law.

Revenues from fees and taxes imposed by the State upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, shall be used for the following purposes:
(a)CA California Constitution Code § 3(a) The state administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways of this State, including the enforcement of traffic and vehicle laws by state agencies and the mitigation of the environmental effects of motor vehicle operation due to air and sound emissions.
(b)CA California Constitution Code § 3(b) The purposes specified in Section 2 of this article.

Section § 4

Explanation

This law section outlines how revenue allocations for transportation are to be managed in California. The rules for distributing these funds, as of June 30, 2009, will remain unless certain conditions are met. Before changes can occur, the Legislature must find a fair way to distribute funds that meets all state transportation needs and goals, after public hearings are held by the California Transportation Commission. Any changes require a detailed report, a 90-day waiting period, and a two-thirds legislative approval. The funds can only be used for specific purposes and cannot be diverted or misused outside these parameters.

(a)CA California Constitution Code § 4(a) Except as provided in subdivision (b), the statutory formulas in effect on June 30, 2009, which allocate the revenues described in Section 2 to cities, counties, and areas of the State shall remain in effect.
(b)CA California Constitution Code § 4(b) The Legislature shall not modify the statutory allocations in effect on June 30, 2009, unless and until both of the following have occurred:
(1)CA California Constitution Code § 4(b)(1) The Legislature determines in accordance with this subdivision that another basis for an equitable, geographical, and jurisdictional distribution exists. Any future statutory revisions shall (A) provide for the allocation of these revenues, together with other similar revenues, in a manner which gives equal consideration to the transportation needs of all areas of the State and all segments of the population; and (B) be consistent with the orderly achievement of the adopted local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plan;
(2)CA California Constitution Code § 4(b)(2) The process described in subdivision (c) has been completed.
(c)CA California Constitution Code § 4(c) The Legislature shall not modify the statutory allocation pursuant to subdivision (b) until all of the following have occurred:
(1)CA California Constitution Code § 4(c)(1) The California Transportation Commission has held no less than four public hearings in different parts of the State to receive public input about the local and regional goals for ground transportation in that part of the State;
(2)CA California Constitution Code § 4(c)(2) The California Transportation Commission has published a report describing the input received at the public hearings and how the modification to the statutory allocation is consistent with the orderly achievement of local, regional, and statewide goals for ground transportation in local general plans, regional transportation plans, and the California Transportation Plan; and
(3)CA California Constitution Code § 4(c)(3) Ninety days have passed since the publication of the report by the California Transportation Commission.
(d)CA California Constitution Code § 4(d) A statute enacted by the Legislature modifying the statutory allocations must be by a bill passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, provided that the bill does not contain any other unrelated provision.
(e)CA California Constitution Code § 4(e) The revenues allocated by statute to cities, counties, and areas of the State pursuant to this article may be used solely by the entity to which they are allocated, and solely for the purposes described in Sections 2, 5, or 6 of this article.
(f)CA California Constitution Code § 4(f) The Legislature may not take any action which permanently or temporarily does any of the following: (1) changes the status of the Highway Users Tax Account as a trust fund; (2) borrows, diverts, or appropriates these revenues for purposes other than those described in subdivision (e); or (3) delays, defers, suspends, or otherwise interrupts the payment, allocation, distribution, disbursal, or transfer of revenues from taxes described in Section 2 to cities, counties, and areas of the State pursuant to the procedures in effect on June 30, 2009.

Section § 5

Explanation

This law states that money assigned as described in Section 4 can't be spent on certain projects listed in part of Section 2, unless most voters agree to it in an election. However, the money can still be used for research and planning related to those projects. Additionally, if agreed upon by the Legislature, the money can also be pledged to pay off bonds if voters have approved those bonds in relation to the projects in that part of Section 2.

Revenues allocated pursuant to Section 4 may not be expended for the purposes specified in subdivision (b) of Section 2, except for research and planning, until such use is approved by a majority of the votes cast on the proposition authorizing such use of such revenues in an election held throughout the county or counties, or a specified area of a county or counties, within which the revenues are to be expended. The Legislature may authorize the revenues approved for allocation or expenditure under this section to be pledged or used for the payment of principal and interest on voter-approved bonds issued for the purposes specified in subdivision (b) of Section 2.

Section § 6

Explanation

This section of the law allows both the state and local governments like cities or counties to use up to 25% of certain allocated revenues to pay off voter-approved bonds. These bonds are related to specific purposes outlined in another part of the law. For the state to use these funds, both voter approval and legislative appropriation are necessary. For cities or counties, they must use the funds only for bonds they issued themselves, with voter approval, for those same purposes.

(a)CA California Constitution Code § 6(a) Up to 25 percent of the revenues allocated to the State pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used by the State, upon approval by the voters and appropriation by the Legislature, for the payment of principal and interest on voter-approved bonds for such purposes issued by the State on and after November 2, 2010.
(b)CA California Constitution Code § 6(b) Up to 25 percent of the revenues allocated to any city or county pursuant to Section 4 for the purposes specified in subdivision (a) of Section 2 of this article may be pledged or used only by any city or county for the payment of principal and interest on voter-approved bonds issued by that city or county for such purposes.

Section § 7

Explanation

If the California Legislature decides to reduce or stop certain taxes mentioned in Section 2, and instead chooses a new way to bring in money, this new income will go into the Highway Users Tax Account. This account is specifically used for purposes mentioned in Section 2, and the funds will be distributed among cities, counties, and other parts of the state as outlined in Section 4. Additionally, any rules that apply to the original taxes will also apply to the new source of income.

If the Legislature reduces or repeals the taxes described in Section 2 and adopts an alternative source of revenue to replace the moneys derived from those taxes, the replacement revenue shall be deposited into the Highway Users Tax Account, dedicated to the purposes listed in Section 2, and allocated to cities, counties, and areas of the State pursuant to Section 4. All other provisions of this article shall apply to any revenues adopted by the Legislature to replace the moneys derived from the taxes described in Section 2.

Section § 8

Explanation

This law section states that the rules within this article do not change or influence the fees or taxes created under the Sales and Use Tax Law or the Vehicle License Fee Law. It also mentions that any current or future updates to these laws remain unaffected by this article.

This article shall not affect or apply to fees or taxes imposed pursuant to the Sales and Use Tax Law or the Vehicle License Fee Law, and all amendments and additions now or hereafter made to such statutes.

Section § 9

Explanation

This law says that if tax money is used by a local entity other than the State to buy real estate for certain purposes, and those purposes are no longer necessary, the property can be repurposed for local public parks and recreation.

Notwithstanding Sections 2 and 3 of this article, any real property acquired by the expenditure of the designated tax revenues by an entity other than the State for the purposes authorized in those sections, but no longer required for such purposes, may be used for local public park and recreational purposes.

Section § 10

Explanation

This section allows the California Legislature to transfer surplus state property, bought with certain tax revenues, to specific state departments for designated purposes. This can only happen if the transfer price is at least equal to what the state originally paid. The property should be in the coastal zone, which is defined by another law as it was in 1977. Possible recipients are the Department of Parks and Recreation for state parks, the Department of Fish and Game for wildlife habitats, the Wildlife Conservation Board for wildlife conservation, and the State Coastal Conservancy for maintaining agricultural lands.

Notwithstanding any other provision of this Constitution, the Legislature, by statute, with respect to surplus state property acquired by the expenditure of tax revenues designated in Sections 2 and 3 and located in the coastal zone, may authorize the transfer of such property, for a consideration at least equal to the acquisition cost paid by the State to acquire the property, to the Department of Parks and Recreation for state park purposes, or to the Department of Fish and Game for the protection and preservation of fish and wildlife habitat, or to the Wildlife Conservation Board for purposes of the Wildlife Conservation Law of 1947, or to the State Coastal Conservancy for the preservation of agricultural lands.
As used in this section, “coastal zone” means “coastal zone” as defined by Section 30103 of the Public Resources Code as such zone is described on January 1, 1977.