Bill Text: CA AB2181 | 2021-2022 | Regular Session | Amended
Bill Title: Santa Clara Valley Transportation Authority: board of directors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-06-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2181 Detail]
Download: California-2021-AB2181-Amended.html
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Amended
IN
Assembly
May 02, 2022 |
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Amended
IN
Assembly
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2181
| Introduced by Assembly Member Berman |
February 15, 2022 |
An act to amend and repeal Section 100060.2 of, and to amend, repeal, and add Section 100060 of, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2181, as amended, Berman.
Santa Clara Valley Transportation Authority: board of directors.
Existing law creates the Santa Clara Valley Transportation Authority (VTA) with various powers and duties relative to transportation projects and services and the operation of public transit in the County of Santa Clara. Existing law vests the government of the VTA in a 12-member board of directors, which consists of 2 representatives of the County of Santa Clara who are members of, and appointed by, the county’s board of supervisors, 5 representatives of the City of San Jose who are city council members or the mayor and appointed by the city council, and 5 representatives of the other cities in the county who are city council members or mayors of those cities as provided by agreements among those cities, whose terms of office are 2 years, as specified.
This bill, on and after July 1, 2023, would revise the membership of the board of directors
to instead consist of 2 representatives of the county who are community members and appointed by the president of the board of supervisors with board of supervisors approval, 5 representatives of the City of San Jose, including at least 2 city council members or the mayor and 2 community members, appointed by the mayor with city council approval, and 5 representatives of the other cities in the county, including at least 2 community members and 2 city council members or mayors of those cities, elected through a ranked choice voting process by the city councils of those cities, as specified. The bill would impose city or county residency requirements on the community members serving on the board of directors, as provided. The bill would, on and after July 1, 2023, authorize the board of directors to include ex officio nonvoting members from regional transportation or governmental bodies and would
increase the directors’ terms of office to 4 years. To the extent this bill would mandate that a local government provide a new program or higher level of service, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 100060 of the Public Utilities Code is amended to read:100060.
(a) The government of the VTA shall be vested in a board of directors that shall consist of 12 members, as follows:(1) Two representatives of the county and one alternate who shall be members of the board of supervisors of the county, appointed by the board of supervisors.
(2) Five representatives of the City of San Jose and one alternate who shall be city council members or the mayor of the City of San Jose, appointed by the city council.
(3) Five city council members or mayors selected from among the city councils and mayors of all of the cities in the county,
other than the City of San Jose, as provided by agreements among those cities. The agreements may provide for the appointment of alternates, who shall be city council members or mayors, for those city representatives.
(b) An alternate may vote in the place of a director represented by that alternate if the director is absent.
(c) To the extent possible, the appointing powers shall appoint individuals who have expertise, experience, or knowledge relative to transportation issues.
(d) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
SEC. 2.
Section 100060 is added to the Public Utilities Code, to read:100060.
(a) The government of the VTA shall be vested in a board of directors that shall consist of 12 voting members, as follows:(1) Two representatives of the county, who shall be appointed by the president of the board of supervisors with board of supervisors approval by at least a four-fifths vote, consistent with both all of the following requirements:
following:
(A) One representative shall be a nonelected community member with expertise in financing and accounting.
(B) One representative shall be a nonelected community member with expertise in infrastructure management, construction management, or project management.
(C) The nonelected community members shall reside in the county.
(2) Five representatives of the City of San Jose, who shall be appointed by the mayor of the City of San Jose with city council approval, consistent with all of the following:
(A) At least two representatives shall be city council members or the mayor of the City of San Jose.
(B) At least two representatives shall be nonelected community members who, to the extent possible, have expertise, experience, or knowledge relative to transportation issues.
(C) The mayor of the City of San Jose shall appoint at least one representative pursuant to this paragraph who uses public transit as their primary mode of transportation.
(D) The nonelected community members shall reside in the City of San Jose.
(3) Five representatives of the cities in the county, other than the City of San Jose, elected in a manner consistent with all of the following:
(A) At least two representatives shall be nonelected community members who, to the extent possible, have expertise, experience, or knowledge relative to transportation issues.
(B) At least two representatives shall be city council members or mayors of the cities in the county, other than the City of San Jose.
(C) The nonelected community members shall reside in one of the cities in the county, other than the City of San Jose.
(C)
(D) To the extent possible, each regional group, as provided for by agreements among the cities in the county, other than the City of San Jose, shall be represented on the board of directors by a representative elected pursuant to this paragraph.
(D)
(E) The representatives shall be elected through the following ranked choice voting process:
(i) VTA shall develop an application process.
(ii) In order to be eligible to be selected, a candidate shall complete an application and submit the application to VTA.
(iii) VTA shall create one ranked choice ballot that includes only those candidates that submitted complete applications.
(iv) The city council of each city in the county, other than the City of San Jose, shall, in a public forum, rank those candidates using the ranked choice ballot created pursuant to clause (iii) and submit the ranked choice ballot to VTA by a date determined by VTA.
(v) VTA shall count the ranked choice ballots submitted pursuant to clause (iv).
(E)
(F) (i) If a representative who is elected as a city council member or mayor of a city in the county, other than the City of San Jose, no longer serves in that capacity as a city council member or mayor, the representative may continue to serve on the board of directors until their term on the board of directors expires, except as specified in clause (ii).
(ii) If a representative continuing to serve on the board of directors pursuant to clause (i) would violate the requirements of subparagraph (A) or (B), the representative shall not continue to serve on the board and shall be replaced in a special election conducted through the process described in subparagraph (D).
(E).
(b) In addition to the 12 voting members described in subdivision (a), VTA’s board of directors may include ex officio nonvoting members from regional transportation or governmental bodies.
(c) VTA shall ensure that representatives of a single city do not compose a majority of the board of directors.
(d) A representative appointed or elected pursuant to this section shall serve a four-year term and may be reappointed without limitation.
(e) VTA shall implement guidelines to provide for the removal for cause of a representative appointed or elected pursuant to this section.
(f) This section shall become operative on July 1, 2023.
SEC. 3.
Section 100060.2 of the Public Utilities Code is amended to read:100060.2.
(a) Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of their successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which they were appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment.(b) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed.
