Jerry Brown finds a way to raise taxes without a legislature

California Slaps Surcharge On ACA Plans As Trump Remains Coy On Subsidies

California’s health exchange said Wednesday it has ordered insurers to add a surcharge to certain policies next year because the Trump administration has yet to commit to paying a key set of consumer subsidies under the Affordable Care Act.

I am a little confused.  The Federal Supremes  ruled that Obamacare premiums are a tax, thus implying that the taxes were raised by a legislature.  Now we have some appointed committee voting to raise our taxes.  Why not just dismiss the legislature completely and just raise taxes by committee?