Bill Text: CA AB558 | 2023-2024 | Regular Session | Amended
Bill Title: Fresno County Transportation Authority.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB558 Detail]
Download: California-2023-AB558-Amended.html
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Amended
IN
Assembly
April 18, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 558
| Introduced by Assembly Member Arambula |
February 08, 2023 |
An act to amend Sections 142051 and 142052 142051, 142052, 142105, 142255, 142256, 142258, 142259, and 142260 of, and to add Sections 142156 and 142157 to, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 558, as amended, Arambula.
Fresno County Transportation Authority.
The
(1) The Fresno County Transportation Improvement Act provides for the creation of the Fresno County Transportation Authority with 9 members, as specified. Existing law authorizes the authority to raise revenue, as specified, and to fund regional and local transportation improvements.
Existing law imposes various requirements on public works projects, including a requirement that, at minimum, all workers employed on a public works project be paid the general prevailing rate
of per diem wages for work of a similar character in the locality in which a public work is performed, as specified.
This bill would increase the membership of the authority to 13 members by adding to the authority a member of the public at large who represents a labor organization, a youth member, a local community member who is from a disadvantaged, unincorporated area of the county, and an educational member representing the county, as specified. The bill would require the authority, for a project that it funds, to ensure that certain prevailing wage requirements are satisfied if the project is not in its entirety a public work project and, for a construction or development project it funds, to enforce and promote environmental protections and regulations adopted pursuant to the California Environmental Quality Act, as specified. By imposing new requirements on the authority, the bill would create 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.
(2) Existing law authorizes a retail transactions and use tax ordinance to be imposed by the authority, as specified. Existing law requires a county transportation expenditure plan to be prepared by the transportation planning agency for the expenditure of specified revenues and funds expected to be available for transportation improvements, for the period during which the tax is to be imposed. Existing law provides various requirements on the transportation planning agency regarding the approval of a county expenditure plan, including, but not limited to, public hearings and amendment procedures. Existing law prohibits a county transportation expenditure plan from being adopted by the
authority until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.
This bill would require the plan to be considered a project subject to the requirements of the California Environmental Quality Act, as specified, and would require that the projects funded by the authority help mitigate any further pollution in disadvantaged communities or in disadvantaged unincorporated communities. The bill would place additional requirements on the transportation planning agency before preparing a plan, including, but not limited to, establishing a participatory public process that allows members of the public to inform and propose the plan and implementing guidelines and ensuring proposals for transportation improvements comply with state climate, air quality, and equity goals before adopting amendments. The
bill would place additional requirements on the authority before adopting amendments to the plan, including, among other things, holding public hearings, as specified, and ensuring the amendments comply with state climate, air quality, and equity goals. By imposing new requirements on the authority and the transportation planning agency, the bill would create 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 no reimbursement is required by this act for a specified reason.
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.
The Legislature finds and declares all of the following:(a) The lived experiences of underserved communities in the County of Fresno are often times overlooked and it is imperative that community input, diverse backgrounds, and diverse ideas are reflected on the board of the Fresno County Transportation Authority. Authority and in its policies, practices, and projects.
(b) Diesel trucks, factories, and weakening
sustainable farming practices spew fatal toxins, and warehouses and distribution centers release harmful emissions, that migrate throughout the central valley and cause chronic health conditions, including respiratory diseases, infections, heart disease, cancer, developmental disorders, and reproductive ailments.
(c) The surrounding region is severely impacted by climate change and the state must take action to protect human health.
(d) Diversifying leadership on the board of the Fresno County Transportation Authority will result in more inclusive agendas and transform restorative environmental justice and climate policy.
(e) In the San Joaquin Valley, neighborhoods that are predominately Black or Hispanic are more
likely to be burdened by air pollution and environmental hazards and to lack the resources to reduce chronic health conditions.
(f) Local projects will fuel local public employment that should include skilled workforce training, higher wages, and labor protections.
(g) The Fresno County Transportation Authority must prioritize publically funded projects that uphold environmental protection standards under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and that do not harm protected indigenous lands or underserved populations. investments in
projects that comply with state climate, environmental, and equity goals and that do not harm protected indigenous lands or underserved populations.
SEC. 2.
Section 142051 of the Public Utilities Code is amended to read:142051.
The authority shall consist of 13 members selected as follows:(a) Two members of the board of supervisors appointed by the board of supervisors, consisting of one member from rural district 1, 4, or 5 and one member from urban district 2 or 3.
(b) Two members representing the City of Fresno, consisting of the mayor thereof and a member of the city council of that city appointed by the city council.
(c) One member representing the City of Clovis appointed by the city council of that city.
(d) Two members representing the other cities within the county, consisting of one westside member appointed by a committee comprising the mayors of each of those cities west of State Highway Route 99, and one eastside member appointed by a committee comprising the mayors of each of those cities east of State Highway Route 99.
(e) Two members of the public at large, consisting of one member appointed by the board of supervisors with the appointee residing outside of the incorporated areas of the Cities of Fresno and Clovis, and one member appointed jointly by the city councils of the Cities of Fresno and Clovis with the appointee residing within the incorporated area of the City of Fresno or Clovis.
(f) One member of the public at large who represents a labor organization
and demonstrates an understanding of diversity, equity, labor advocacy, wage benefit protections, project labor agreements, and skilled workforce training, appointed by the city council of the City of Fresno.
(g) (1) One youth member, who lives in the County of Fresno, appointed by the Governor, who may appoint an individual from a nominee list submitted pursuant to paragraph (2).
(2) (A) Youth-serving nonprofit organizations in the county may collaboratively develop a nominee list of two or more individuals who advocate for higher education needs, mental health wellness, or social justice within the county, are residents of the county, are between 18 and 26 years of age, inclusive, and are not elected officials. The nominee list shall be
submitted to the board of supervisors.
(B) Not more than one year before the expiration of the youth member’s term or a vacancy of that position, the board of supervisors shall consider any nominee list submitted pursuant to subparagraph (A) and may submit a nominee list to the Governor to assist in the appointment of the youth member.
(h) (1) One local community member who is from a disadvantaged, unincorporated area of the county and is involved in community and civic advocacy, appointed by the board of supervisors and selected from a nominee list submitted pursuant to paragraph (2).
(2) Not more than one year before the expiration of the local community member’s term or a vacancy of that
position, nonprofit
organizations that have a presence in the county and support civic involvement may collaboratively develop a nominee list of two or more individuals and submit the nominee list to the board of supervisors.
(i) One educational member representing the county and who is a parent, teacher, principal, superintendent, or school employee, appointed by the Fresno County Board of Education.
SEC. 3.
Section 142052 of the Public Utilities Code is amended to read:142052.
(a) Except for the Mayor of the City of Fresno, the members of the authority shall serve for terms of two years.(b) If any member other than the members of the public at large, youth member, local community member, or educational member ceases to be an elected official, that member shall cease to be a member of the authority, and another member shall be appointed for the remainder of the term pursuant to Section 142051.
SEC. 4.
Section 142105 of the Public Utilities Code is amended to read:142105.
The authority shall do all the following:(a) Adopt an annual budget.
(b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operations and management of the authority.
(c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant.
(d) Appoint a policy advisory committee composed of one representative of each city in the
county and one representative of the county. Each representative on the committee shall be an elected official. If a representative ceases to be an elected official, that representative shall cease to be a member of the committee, and another representative from that city or county, as the case may be, shall be appointed. No person shall serve on the authority and on the committee at the same time.
(e) (1) Establish a citizens oversight committee with membership, method of appointment, roles, and responsibilities in accordance with and as defined in the initial expenditure plan prepared for the purposes of the extension of the retail transactions and use tax.
(2) The
expenditure plan shall be deemed a project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall comply with all requirements under the act.
(f) (1) Comply with state climate, air quality, and equity goals when funding projects.
(2) Projects funded by the authority shall help mitigate any further pollution in disadvantaged communities, as defined in Section 39711 of Health and Safety Code, or in disadvantaged unincorporated communities, as defined in Section 65302.10 of the Government Code.
(f)
(g) Do any and all things necessary to carry out the purposes of this division.
SEC. 4.SEC. 5.
Section 142156 is added to the Public Utilities Code, to read:142156.
For any project funded by the authority that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, the authority shall ensure that all of the following requirements are satisfied:(a) All construction workers employed in the execution of the project shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, including apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the
applicable apprentice prevailing rate.
(b) The project proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the project that are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(c) All contractors and subcontractors for those portions of the project that are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code shall comply with both of the following:
(1) Pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages, in addition
apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(2) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This paragraph does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this paragraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract
Code.
SEC. 5.SEC. 6.
Section 142157 is added to the Public Utilities Code, to read:142157.
For any construction or development project funded by the authority, the authority shall enforce and promote environmental protections and regulations adopted pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 7.
Section 142255 of the Public Utilities Code is amended to read:142255.
(a) A county transportation expenditure plan shall be prepared by the transportation planning agency for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed.(b) Before preparing a county transportation expenditure plan, the transportation planning agency shall do all of the following:
(1) Establish a participatory public process that allows members of the public to inform and propose the expenditure plan and implementing guidelines.
(2) Host public meetings in each city and throughout the county to ensure robust community participation.
(3) Provide in-language materials and interpretation at all meetings in all relevant languages.
(c) Before preparing a county transportation expenditure plan, the transportation planning agency may contract with local, community-based organizations and grassroots groups to provide outreach and engagement support.
SEC. 8.
Section 142256 of the Public Utilities Code is amended to read:142256.
(a) A county transportation expenditure plan shall not be adopted by the authority until it has held at least three hearings throughout the county and it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.(b) The plan shall be adopted prior to before the call of
the election provided for in Section 142250.
SEC. 9.
Section 142258 of the Public Utilities Code is amended to read:142258.
(a) Except as otherwise provided by Section 142260, the transportation planning agency may amend the expenditure plan. The transportation planning agency, at a minimum, shall review biennially and assess the needs for transportation improvements contained in the expenditure plan as specified in Section 142255. As part of this review and assessment, the transportation planning agency(1) Solicit
proposals for transportation improvements from the public, the Department of Transportation Transportation, and the cities and the county. The transportation planning agency shall adopt a procedure for evaluating these proposals in consultation with the public, the Department of Transportation
Transportation, and the cities and the county.
(2) Ensure proposals for transportation improvements comply with state climate, air quality, and equity goals.
(b) Based on the evaluation, the transportation planning agency shall prepare an updated plan for the expenditure of the revenues expected to be derived from the retail transactions and use tax imposed pursuant to this chapter, together with other federal, state, and local improvements, for the period during which the tax is imposed. The first five years of the plan shall be incorporated into the transportation planning agency’s annual submission to the California Transportation Commission for the state transportation improvement program pursuant to Chapter 2.5 (commencing with
Section 65080) of Division 1 of Title 7 of the Government Code.
(c) The expenditure plan shall also include projections of revenues likely to be available from other federal, state, and local funds expected to be available for expenditure plan transportation improvements for the period during which the tax is imposed.
(d) Before adoption of an expenditure plan, the transportation planning agency shall conduct public hearings on the plan.
SEC. 10.
Section 142259 of the Public Utilities Code is amended to read:142259.
Amendments to the expenditure plan adopted pursuant to Section 142255 are to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, to ensure consistency with state climate, air quality, and equity goals, or to take into consideration unforeseen circumstances. The transportation planning agency shall take all appropriate actions to give highest priority to the projects in the initial expenditureSEC. 11.
Section 142260 of the Public Utilities Code is amended to read:142260.
(a) The authority may, by the affirmative vote of a majority of the members, approve the updated expenditure plan adopted pursuant to Section 142258.(b) The authority may amend the expenditure plan adopted pursuant to Section 142258, if required, subject to all of the following conditions:
(1) The amendments shall comply with state climate, air quality, and equity goals.
(1)
(2) The authority shall take all appropriate actions to give highest priority to the projects in the initial expenditure plan, plan that are consistent with state climate, air quality, and equity goals, and if any amendments delay or delete any project in the initial plan, the authority shall hold a public hearing hearings in the urban metro area, the west side, and the east side, and adopt a resolution initiating the amendments that specifically detail the reason why the amendments are necessary relative to conditions beyond the
control of the authority.
(2)
(3) The authority shall notify the public, the transportation planning agency, the board of supervisors, and the city council of each city in the county and provide them with a copy of the proposed amendments. amendments and allow 45 days for the public review and comment. The authority shall respond to public input and specify how public input informed proposed amendments.
(3)
(4) The amendment is approved by the board of supervisors.
(4)
(5) The amendment is approved by a majority of the cities constituting a majority of the population residing in the incorporated areas of the county.
(c) The proposed amendments shall become effective immediately upon completion of the approval process in subdivision (b).
