AMENDED IN ASSEMBLY JULY 2, 2026

AMENDED IN ASSEMBLY JUNE 17, 2026

AMENDED IN SENATE MARCH 11, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Senator Laird

January 28, 2026

An act to amend Section 9400.8 of the Vehicle Code, relating to vehicles.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law prohibits a local agency from imposing a tax, permit fee, or other charge for the privilege of using its streets or highways, other than a permit fee for an extralegal load unless the local agency had imposed the fee prior to June 1, 1989.

This bill would explicitly state that a fee, charge, surcharge, or component thereof imposed upon the provider of, or ratepayer for, public services by or for a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide those public services is not a tax, permit fee, or other charge that is prohibited by the provision described above. The bill would provide that nothing in the Vehicle Code prohibits a local agency from imposing or collecting this fee, charge, or surcharge. The bill would delete obsolete references and make other technical changes. The bill would make various findings and declarations.

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature hereby finds and declares all of the following:

(1) Weight fees are collected on commercial vehicles by the State of California, deposited into the State Highway Account, and used for the purposes specified in Section 9400.4 of the Vehicle Code. Weight fees for vehicles operated under 10,001 pounds gross vehicle weight (GVW) and for pickups are determined by the number of axles and unladen weight. Weight fees for vehicles operated over 10,001 pounds GVW are determined by the declared GVW or combined GVW.

(2) In June 1990, the California electorate adopted Proposition 111, which increased weight fees on commercial vehicles by 40 percent on August 1, 1990, and by an additional 10 percent on January 1, 1995. Section 9400.8 of the Vehicle Code, which is amended by this act, provides that if the voters approved Senate Constitutional Amendment 1, then no local agency may impose a tax, permit fee, or other charge for the privilege of using its streets or highways other than a permit fee for extralegal loads.

(3) Local governments have broad authority to provide and operate public services, including refuse collection, water, power, heat, transportation, means of communication, and other services and works, and to impose and collect rates, fees, and other charges that defray the cost of providing those services and works, under existing laws, including, without limitation, Sections 7 and 9 of Article XI of the California Constitution.

(b) (1) It is the intent of the Legislature to respect the existing authority of local governments to impose rates, fees, and other charges for public services pursuant to the aforementioned laws, which includes recovery of street repair and other costs associated with the use of public roads to provide those services.

(2) It is the further intent of the Legislature to state clearly that a local government’s charge imposed upon the provider of, or ratepayer for, public services by, or for, a local agency to recover the cost of street maintenance and repair or other costs associated with the use of streets, roads, or highways to provide those public services is not a charge for the privilege of using its streets within the meaning of Section 9400.8 of the Vehicle Code and to reject the interpretation given to the law in Rogers v. City of Redlands (2025) 112 Cal.App.5th 667.

SEC. 2.

Section 9400.8 of the Vehicle Code is amended to read:

9400.8.

(a) Notwithstanding any other law, a local agency shall not impose a tax, permit fee, or other charge for the privilege of using its streets or highways, other than a permit fee for extralegal loads unless the local agency had imposed the fee prior to June 1, 1989.

(b) (1) A fee, charge, surcharge, or a component thereof, imposed upon the provider of, or ratepayer for, public services by, or for, a local agency to recover the cost of street maintenance and repair and other costs associated with the use of its streets, roads, or highways to provide public services is not a tax, permit fee, or other charge for the privilege of using streets or highways that is prohibited under subdivision (a).

(2) Nothing in this code prohibits a local agency from imposing or collecting a fee, charge, or surcharge described in paragraph (1).