Bill Text: CA AB805 | 2017-2018 | Regular Session | Amended
Bill Title: County of San Diego: transportation agencies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-11 - Chaptered by Secretary of State - Chapter 658, Statutes of 2017. [AB805 Detail]
Download: California-2017-AB805-Amended.html
Amended
IN
Assembly
May 11, 2017 |
Amended
IN
Assembly
April 20, 2017 |
Amended
IN
Assembly
April 06, 2017 |
Amended
IN
Assembly
March 23, 2017 |
Assembly Bill | No. 805 |
Introduced by Assembly Member Gonzalez Fletcher |
February 15, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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 120050.2 of the Public Utilities Code is amended to read:120050.2.
The board consists of 15 members selected as follows:SEC. 2.
Section 120050.5 of the Public Utilities Code is repealed.The member of the board of supervisors appointed pursuant to subdivision (a) of Section 120050.2 shall represent the supervisorial district with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054.
SEC. 4.SEC. 3.
Section 120051.1 of the Public Utilities Code is repealed.SEC. 5.SEC. 4.
Section 120051.6 of the Public Utilities Code is amended to read:120051.6.
The alternate members of the board shall be appointed as follows:SEC. 6.SEC. 5.
Section 120102.5 of the Public Utilities Code is amended to read:120102.5.
(a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the(b)In the case of a weighted vote, there shall be a total of 100 votes. Each member agency shall have that number of votes annually determined by the following apportionment formula, provided that each agency shall have at least one vote, and that there shall be no fractional votes:
(1)Compute, consistent with subdivision (d), the total population of the cities and the county, and compute the percentage of this total for each agency.
(2)Boost percentage fractions in the case of each agency where the total is less than one, to one, and then add to that number only the whole numbers, excluding fractions, for all other agencies.
(3)If the total cumulative number under paragraph (2) is less than 100, add one vote each to the agencies that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this allocation any agency whose fraction was boosted under paragraph (2), until a total of 100 votes is reached.
(4)If the total cumulative number under paragraph (2) is more than 100, subtract one vote
each from the agencies that, prior to exclusion under paragraph (2), had the lowest fractional amounts, until a total of 100 votes is reached, but in no case shall an agency have less than one vote.
(c)The City of San Diego shall allocate half of its weighted vote to the mayor of the City of San Diego, and the other half shall be divided equally between the three city council members. The City of Chula Vista shall allocate its weighted vote evenly between its two members.
(d)
(e)
SEC. 7.SEC. 6.
Article 11 (commencing with Section 120480) is added to Chapter 4 of Division 11 of the Public Utilities Code, to read:Article 11. Transactions and Use Tax
120480.
(a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory within the area of the board pursuant to Section 120054 shall be imposed by the board in accordance with Section 120485 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 120483.120481.
(a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.120482.
(a) The county shall conduct an election called by the board pursuant to Section 120480.120483.
(a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 110 days after adoption of the ordinance.120484.
The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.120485.
The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.120486.
The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax.120487.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.120488.
The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.SEC. 8.SEC. 7.
Section 125102 of the Public Utilities Code is amended to read:125102.
(a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the(b)In the case of a weighted vote, there shall be a total of 100 votes. Each member agency shall have that number of votes annually determined by the following apportionment formula, provided that each agency shall have at least one vote, and that there shall be no fractional votes:
(1)Compute, consistent with subdivision (c), the total population of the cities and the county, and compute the percentage of this total for each agency.
(2)Boost percentage fractions in the case of each agency where the total is less than one, to one, and then add to that number only the whole numbers, excluding fractions, for all other agencies.
(3)If the total cumulative number under paragraph (2) is less than 100, add one vote each to the agencies that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this allocation any agency whose fraction was boosted under paragraph (2), until a total of 100 votes is reached.
(4)If the total cumulative number under paragraph (2) is more than 100, subtract one vote
each from the agencies that, prior to exclusion under paragraph (2), had the lowest fractional amounts, until a total of 100 votes is reached, but in no case shall an agency have less than one vote.
(c)
(d)
SEC. 9.SEC. 8.
Article 9 (commencing with Section 125480) is added to Chapter 4 of Division 11.5 of the Public Utilities Code, to read:Article 9. Transactions and Use Tax
125480.
(a) A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory within the area of the board pursuant to Section 125052 shall be imposed by the board in accordance with Section 125485 and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 125483.125481.
(a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.125482.
(a) The county shall conduct an election called by the board pursuant to Section 125480.125483.
(a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 110 days after adoption of the ordinance.125484.
The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.125485.
The board, subject to the approval of the voters, may impose a maximum tax rate of one-half of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code. The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.125486.
The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax.125487.
Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.125488.
The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.SEC. 10.SEC. 9.
Section 132351.1 of the Public Utilities Code is amended to read:132351.1.
(a) A board of directors consisting of 21 members shall govern the consolidated agency.SEC. 11.SEC. 10.
Section 132351.2 of the Public Utilities Code is amended to read:132351.2.
(a) A majority of the member agencies constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of the(1)Compute the total population of the San Diego region and compute the percentage of this total for each agency.
(2)Boost percentage fractions in the case of each agency where the total is less than one, to one, and then add to that number only the whole numbers, excluding fractions, for all other agencies.
(3)If the total cumulative number under paragraph (2) is less than 100, add one vote each to the agencies that, prior to exclusion under paragraph (2), had the highest fractional amounts, but exclude from this allocation any agency whose fraction was boosted under paragraph (2), until a total of 100 votes is reached.
(4)If the total cumulative number under paragraph (2) is more than 100, subtract one
vote each from the agencies that, prior to exclusion under paragraph (2), had the lowest fractional amounts, until a total of 100 votes is reached, but in no case shall an agency have less than one vote.
(d)
(e)