California's Record Fuel Taxes Hike Passes Legislature in One Day

On April 6, the Senate and Assembly passed a comprehensive transportation funding package that it had been unable to do for years, thanks to much deal-making by Gov. Jerry Brown. The gas tax will increase by 12 cents per gallon on November 1.

5 minute read

April 9, 2017, 4:00 PM PDT

By Irvin Dawid


California

Bryan Brazil / Shutterstock

In addition, diesel excise taxes increase by 20 cents per gallon, also on November 1, as does the diesel sales and use surtax by four percent. On January 1, 2018, a new, variable transportation improvement fee between $25 and $175 based on vehicle value takes effect. The new registration fee and fuel excise taxes are indexed for inflation

Finally, model year 2020 and newer zero emission vehicles (battery electric vehicles without gas tanks and fuel cell electric vehicles) will be charged an annual $100 road improvement fee (tag: EV Fees)also with an inflation adjustment.

The bill passed the Senate, then the Assembly on Thursday night, with the bare minimum needed to meet the two-thirds supermajority requirement. The last time the legislature passed a tax increase was 1989, 28 years ago, and that nine cents per gallon increase, without an inflation adjustment, was sent to the voters for approval in 1990.

The bill, SB 1 by Sen. Jim Beall (D-San Jose), dates back to December 2014, when it's predecessor, SB 16, also by Beall, was introduced.

“My thanks and appreciation go to Governor Brown, the Legislature’s leadership for their support of SB 1, and the lawmakers who voted for the bill," stated Beall in a press release. "They took a courageous stand today that said they will not tolerate the status quo. They voted to get our crumbling roads repaired and made safer. They voted to make California better. With $5 billion [annually] in new revenue, the state can quickly begin work on shovel-ready road repairs."

With one notable exception, he could have simply limited his thanks to the Democratic members of the legislature and the voters who elected them, as the Republicans, save one Central Valley senator, were opposed from the onset and wouldn't budge. Their solution to the $130-billion backlog of repairs to state highways and bridges and local streets: drain the money from the state's general fund.

The exception, and the notable role played by commuter rail

As noted on April 3, tax increases of any kind are difficult to pass in California because the constitution requires the legislature to pass such bills by a supermajority. The Golden State is not alone in this respect. The Center on Budget and Policy Priorities indicates that 16 states have such a restriction, but only "Arizona, California, Nevada, and Louisiana require a two-thirds vote of each house."

California Republicans are not like Republicans in other states that have shown willingness to raise fuel taxes for transportation programs [Tag: State Gas Tax increase, starting with Wyoming's ten-cent increase in 2013].

Among the 11 state legislatures that passed gas tax increases that were signed into law in 2015 (see list in "Wouldn't It be Nice if Legislators Were Rewarded for Voting to Increase the Gas Tax?"), six had Republican trifectas (legislature and governor of the same party). In a seventh, Nebraska, also a Republican trifecta, the legislature overrode Gov. Pete Ricketts' veto to approve the six cents increase. 

Of the remaining four states, there were no trifectas: two had Democratic governors; one Independent governor, and one Republican governor. In other words, Republican-controlled states were far more likely to pass gas tax increases than any other political combination in 2015.

While California Democrats attained a supermajority in both the Assembly and Senate after the November election, when it comes to gas tax increases, party affiliation is no guarantee of support. Case in point: Sen. Steve Glazer (D-Orinda, Contra Costa County).

"He once campaigned against BART strikes and now he reportedly wants to add a strike ban to Senate Bill 1, something Brown has called a 'nonstarter,'" reports Patrick May for The Mercury News.

Without Glazer, Democrats held 26 votes, one short of a two-thirds supermajority, which brings us to Sen. Anthony Cannella, "a Republican from Ceres  [Stanislaus County] in the Central Valley [who] had said previously that he would support the package if the state supported the extension of the Altamont Corridor Express to Ceres and Merced and a $100 million parkway project between the UC Merced campus and Highway 99," reported Katy Murphy for The Mercury News. [See 22 second video].

Of course, it helps that Cannella will be termed-out at the end of 2018.

Gas tax standing with respect to other states

Four years ago, California had the highest state gas tax. But other state legislatures managed to raise their taxes, plus the Board of Equalization adjusted the tax downwards for three consecutive years per the notorious gas tax swap of 2010.

The state's gasoline excise tax is 27.8 cents per gallon (per Board of Equalization [pdf]). The total state tax amounts to 38.13 cents, according to the American Petroleum Institute [pdf[, as of Jan. 1, 2017, sixth highest behind:

  1. Pennsylvania: 58.20 cents
  2. Washington:   49.40 cents
  3. Hawaii:            44.39 cents
  4. New York       43.88 cents
  5. Connecticut    39.85 cents

One final note on the state's fluctuating gas tax. From now on, it will only be adjusted for inflation. The infamous and arcane annual "gas tax swap" adjustments by the Board of Equalization will be no longer.

History was made in the Golden State on April 6, 2017. All that's left is for the governor to sign the legislation that he so vigorously promoted.

Additional reading:

=====================
Related recent posts in Planetizen:

Friday, April 7, 2017 in Planetizen

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Washington

Washington State’s Parking Reform Law Could Unlock ‘Countless’ Acres for New Housing

A law that limits how much parking cities can require for residential amd commercial developments could lead to a construction boom.

May 1 - Streetsblog USA

Bluebird sitting on branch of green bush.

Wildlife Rebounds After the Eaton Fire

Following the devastation of the Eaton Fire, the return of wildlife and the regrowth of native plants are offering powerful signs of resilience and renewal.

May 1 - AP News

1984 Olympics

LA to Replace Inglewood Light Rail Project With Bus Shuttles

LA Metro says the change is in response to community engagement and that the new design will be ready before the 2028 Olympic Games.

May 1 - Newsweek

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.