Los Angeles Times

Foes of gas tax to sue over ballot title

- By Patrick McGreevy patrick.mcgreevy@latimes.com Twitter: @mcgreevy99

SACRAMENTO — Proponents of an initiative to repeal gas tax increases in California plan to sue over the state-drafted title and summary for the ballot measure, which they say is misleading and negative.

The state attorney general’s office on Monday released the descriptio­n — language that must appear on petitions circulated by people who want to overturn the tax.

Assemblyma­n Travis Allen (R-Huntington Beach) is leading the repeal effort.

“We’re going to challenge it in Superior Court,” Allen said. “Gov. Brown’s attorney general has issued a misleading title and summary.”

The lawmaker said “almost everything” in the short summary would mislead voters. “We will wait to win in court and then we will be gathering signatures up and down the state,” Allen said.

Allen, who is running for governor in 2018, needs to collect 365,0000 signatures of registered voters in 150 days to qualify a measure for the ballot that would repeal SB 1, the $52-billion tax increase legislatio­n signed in April by Gov. Jerry Brown to fund transporta­tion projects in the state.

The title approved for the initiative by the office of Democratic Atty. Gen. Xavier Becerra says it “Eliminates recently enacted road repair and transporta­tion funding by repealing revenues dedicated for those purposes.”

Critics of the new law have said it lacks sufficient safeguards for the money to be spent on road repairs and transporta­tion and could allow money to be spent on other functions.

The summary also highlights that the ballot measure “Eliminates Independen­t Office of Audits and Investigat­ions, which is responsibl­e for ensuring accountabi­lity in the use of revenue for transporta­tion projects.” Such an office has not existed.

Allen said the lawsuit to be filed this week will detail exactly how the statements are misleading.

The bill Allen wants to repeal raises gas taxes and vehicle fees to generate $5.2 billion during each of the first 10 years for road and bridge repairs, mass transit, bike lanes and congestion-reduction projects.

Allen has formed a campaign committee for the initiative drive but it has not yet reported any fundraisin­g. He faces tough odds to qualify the measure without significan­t money and support from other groups, said Larry Gerston, a political science professor at San Jose State.

“The rule of thumb is that he’ll need about $3 million to finance signature collection, and that kind of money doesn’t grow on trees, even in fertile California,” Gerston said.

The gas tax will increase by 12 cents per gallon and the diesel tax will go up 20 cents on Nov. 1. The new law also creates an annual vehicle fee ranging from $25 for cars valued at less than $5,000 to $175 for cars worth $60,000 or more. That fee kicks in Jan. 1.

Electric car owners will pay a $100 annual fee in lieu of gas taxes starting in 2020. In signing the bill, Brown said the taxes and fees would cost most California­ns less than $10 a month.

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