Motor Vehicle Fuel Tax Law: suspension of tax.
What changed between versions
New Section 7374 of the Revenue and Taxation Code suspends the motor vehicle fuel tax (Sections 7360, 7362, 7363, 7364) for one year from the effective date. The Controller must transfer an amount equal to FY 2023-24 fuel tax collections, adjusted for inflation, from the General Fund to the Motor Vehicle Fuel Account within 60 days of the effective date. After the suspension period ends, if actual lost revenues exceed that initial transfer, the Controller must transfer the difference.
All savings from the tax suspension realized by any party other than an end consumer (defined as a purchaser for consumption, not resale) must be passed on to the end consumer. Sellers of motor vehicle fuel must provide a receipt clearly indicating the amount of tax that would have applied if not for the suspension.
Failure to pass through savings is made an unfair business practice under the Unfair Competition Law (Business and Professions Code Section 17200 et seq.). A prospective plaintiff must provide written notice at least 60 days before filing suit, giving the defendant an opportunity to cure. If the defendant responds within 60 days with an explanation and intent to remedy, the cure period is extended by an additional 30 days. Remediation during the waiting period is an affirmative defense.
The bill now includes an urgency clause declaring it necessary for the immediate preservation of public peace, health, or safety, so it takes effect immediately upon passage rather than on January 1. The stated justification is to immediately lower gas prices and provide relief to California motorists.
The amendment to Labor Code Section 2929 (prohibiting employer discharge based on wage garnishment) was removed entirely from the bill. This provision had been described as making only nonsubstantive changes to existing law.
The vote threshold changed from a simple majority to two-thirds, and the fiscal committee and appropriation designations both changed from 'no' to 'yes,' reflecting the new General Fund transfer. Coauthors were added (9 Assembly members and 7 Senators). The environmental data provisions were renumbered from Sections 1-2 to Sections 6-7.