Bill Aims to Ease Gas Fee Approval

A committee in the California Assembly began consideration of a bill Monday that would allow the Los Angeles County Metropolitan Transportation Authority and other California transportation organizations to allow voters to approve proposed gas fees with a simple majority.

Nevertheless, some argue that the bill, SB 791, would violate Proposition 26, which requires state and local governments to treat fees and surcharges like taxes, which require two-thirds voter approval to pass. The law does, however, allow exceptions for new fees that benefit the people who specifically pay the fees, City News Service reported.

Because the gas fees, which could remain in place for up to 30 years, would fund transit, bike and pedestrian projects that would relieve traffic, proponents argue that the anti-congestion fees meet that criteria because they benefit drivers. Drivers of electric vehicles that don't require gasoline would pay corresponding fees when they register their cars, City News Service reported.

A Proposition 26 sponsor, the California Taxpayers Association, argues that SB 791 would not qualify as an exception.

"This bill is a gas tax, plain and simple," spokesman David Kline said. "Any reasonable person would come to that conclusion."

The bill would violate a provision of Proposition 26 that requires the benefits of new fees to only go to the people who pay the fees, according to Kline. The owner of a company that ships locally through a third-party might benefit from reduced congestion, but wouldn't necessarily pay for it, he said.

"[Legislators] are using time and resources to try and get around the intent of the voters, instead of spending their time making an argument for the new tax," he said.

Kline also said the anti-congestion fee would violate Proposition 218. That proposition requires two-thirds of voters to approve taxes earmarked for specific uses.

Additionally, Kline said the California Taxpayers Association would challenge the law in court if it passes.

According to the office of state Senate President pro Tem Darrell Steinberg, D-Sacramento, who introduced the bill, SB 791 was referred to the Assembly Committee on Rules on Monday.

City News Service contributed to this report.