Cal Cities bill would make it easier to fix roads damaged by heavy service vehicles

By Ben Triffo, legislative advocate (revenue), and Brian Hendershot, Cal Cities Advocate managing editor

Lawmakers this year are trying to clarify how cities can fund local street and road repairs, including through a bill sponsored by Cal Cities. Authored by Sen. John Laird, a longtime Cal Cities ally, the measure would clarify that cities may recover the cost of street maintenance and repair caused by public service operations through existing service fees.

Why it matters

Heavy service vehicles, such as garbage and recycling trucks, contribute significantly to pavement wear and deterioration. Historically, cities accounted for these impacts by incorporating the cost of repairs into rates, fees, or franchise arrangements tied to providing those services, along with their own General Fund revenues or limited state transportation funds.

A 2025 appellate court decision, Rogers v. City of Redlands, disrupted this long-standing practice. The court held that including road repair costs within solid waste rates violated an unrelated and decades-old section of the state's vehicle code, even when those costs were directly tied to the impacts of providing waste collection services.

Cal Cities filed an amicus brief and letter in support of the city; however, the appellate court's decision stands. Following the case, several cities became involved in litigation challenging existing service fees.

The decision comes at a particularly challenging time for cities. California's streets are already in poor condition, and state analysts have warned that transportation revenues will decline sharply as electric vehicle adoption increases. (Gas taxes are the main source of funding for local street repair.) Electric waste hauling trucks are also often heavier than traditional vehicles and can contribute to even greater pavement damage.

How it would work

SB 922 would clarify that fees associated with providing public services may include the recovery of street maintenance and repair costs related to providing such services. By reaffirming long-standing local authority, the bill would reduce unnecessary litigation and provide greater certainty for cities and service providers alike.

Importantly, SB 922 does not create a new fee authority, expand local taxing power, impose a Vehicle Miles Traveled fee, or result in costs on the state. Instead, it would restore the legal framework that existed for decades prior to Rogers v. City of Redlands and ensure that roadway repair costs remain aligned with the activities that cause damage.

To learn how you can make your voice heard, contact your regional public affairs manager.