ARTICLE XIX - MOTOR VEHICLE REVENUES 1-9 :: California Constitution



SECTION 1.  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 used for the following purposes:
   (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) 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.





SEC. 2.  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) 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) The purposes specified in Section 1 of this article.





SEC. 3.  The Legislature shall provide for the allocation of the
revenues to be used for the purposes specified in Section 1 of this
article in a manner which ensures the continuance of existing
statutory allocation formulas for cities, counties, and areas of the
State, until it determines that another basis for an equitable,
geographical, and jurisdictional distribution exists; provided that,
until such determination is made, any use of such revenues for
purposes specified in subdivision (b) of Section 1 of this article by
or in a city, county, or area of the State shall be included within
the existing statutory allocations to, or for expenditure in, that
city, county, or area.  Any future statutory revisions shall 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 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.





SEC. 4.  Revenues allocated pursuant to Section 3 may not be
expended for the purposes specified in subdivision (b) of Section 1,
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 1.





SEC. 5.  The Legislature may authorize up to 25 percent of the
revenues available for expenditure by any city or county, or by the
State, for the purposes specified in subdivision (a) of Section 1 of
this article to be pledged or used for the payment of principal and
interest on voter-approved bonds issued for such purposes.





SEC. 6.  The tax revenues designated under this article may be
loaned to the General Fund only if one of the following conditions is
imposed:
   (a) That any amount loaned is to be repaid in full to the fund
from which it was borrowed during the same fiscal year in which the
loan was made, except that repayment may be delayed until a date not
more than 30 days after the date of enactment of the budget bill for
the subsequent fiscal year.
   (b) That any amount loaned is to be repaid in full to the fund
from which it was borrowed within three fiscal years from the date on
which the loan was made and one of the following has occurred:
   (1) The Governor has proclaimed a state of emergency and declares
that the emergency will result in a significant negative fiscal
impact to the General Fund.
   (2) The aggregate amount of General Fund revenues for the current
fiscal year, as projected by the Governor in a report to the
Legislature in May of the current fiscal year, is less than the
aggregate amount of General Fund revenues for the previous fiscal
year, adjusted for the change in the cost of living and the change in
population, as specified in the budget submitted by the Governor
pursuant to Section 12 of Article IV in the current fiscal year.
   (c) Nothing in this section prohibits the Legislature from
authorizing, by statute, loans to local transportation agencies,
cities, counties, or cities and counties, from funds that are subject
to this article, for the purposes authorized under this article.
Any loan authorized as described by this subdivision shall be repaid,
with interest at the rate paid on money in the Pooled Money
Investment Account, or any successor to that account, during the
period of time that the money is loaned, to the fund from which it
was borrowed, not later than four years after the date on which the
loan was made.





SEC. 7.  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.





SEC. 8.  Notwithstanding Sections 1 and 2 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.





SEC. 9.  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 1
and 2 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 Wildife 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.

Last modified: January 4, 2019