Legality of the $1 Billion
“TransPork” Bill ??
Thursday May 4th, in Sacramento,
Jay Obernolte (R-Hesperia) requested that
the Legislative Counsel investigate the legality of Senate Bill 132, which was signed by the
Governor last week.
SB #132 Bill allocates nearly $1 billion to
district-specific projects for Members of the Legislature who voted for the gas
tax increase. This type of appropriation
is illegal under current California state law.
“California statute clearly states that ‘the
Legislature shall not enact legislation containing specific individual
transportation projects.’ As such, this Bill
is in clear violation of existing law,” Assemblyman Obernolte said.
“Transportation earmarks have been prohibited under state law for decades to
ensure that project funding decisions are based on statewide need, not based on
political expediency. I have requested that the Legislative Council provide the
people of California with an explanation on how the Legislature can cavalierly
ignore its own law.”
Bill 132 deducts nearly $1 billion from the State Highway Account and Public
Transportation Account to be allocated to Member-specific projects. Specifically,
it amends the 2016 Budget Act to appropriate $927 million for highway projects
in Riverside County, an expressway in the City of Merced, and an extension of
the Altamont Corridor Express commuter rail service to Ceres and Merced. It
also appropriates $50 million to the Air Resources Board for a new
“Zero/Near-Zero Emission Warehouse Program.”
For full copy of the request to Legislative
GO TO > https://www.dropbox.com/s/ms09cdcxhi3of9y/Leg%20Counsel%20Opinion%20Request.pdf?dl=0