Bill Text: CA SB607 | 2009-2010 | Regular Session | Chaptered


Bill Title: Imperial County Transportation Commission.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 56, Statutes of 2009. [SB607 Detail]

Download: California-2009-SB607-Chaptered.html
BILL NUMBER: SB 607	CHAPTERED
	BILL TEXT

	CHAPTER  56
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  MAY 11, 2009
	PASSED THE ASSEMBLY  JULY 9, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Ducheny
   (Coauthor: Senator Huff)

                        FEBRUARY 27, 2009

   An act to add Division 12.8 (commencing with Section 132800) to
the Public Utilities Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 607, Ducheny. Imperial County Transportation Commission.
   Existing law establishes various local entities to carry out
transportation functions within their respective areas of
jurisdiction.
   This bill would create the Imperial County Transportation
Commission and would provide that the commission is the successor
agency to the Imperial Valley Association of Governments. The bill
would establish the composition of the governing board of the
commission and enact provisions relative to the administration of the
commission. The bill would require the commission to prepare a
short-range transportation plan that includes the development and
approval of a 3- to 5-year transportation improvement program. The
bill would also make the commission responsible for administering
funds deposited in the local transportation fund and for preparing a
short-range transit plan, as specified.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Division 12.8 (commencing with Section 132800) is added
to the Public Utilities Code, to read:

      DIVISION 12.8.  Imperial County Transportation Commission


      CHAPTER 1.  GENERAL PROVISIONS AND CREATION OF COMMISSION


   132800.  There is hereby created the Imperial County
Transportation Commission. The commission shall be the successor
agency to the Imperial Valley Association of Governments and shall
assume all assets and liabilities of that entity. The area of
jurisdiction of the commission shall consist of all of the
incorporated and unincorporated area of Imperial County.
   132801.  (a) The governing board of the commission shall consist
of the following members:
   (1) Two members of the Imperial County Board of Supervisors. The
term of a member under this paragraph terminates when he or she
ceases to hold that office or when replaced by the board of
supervisors.
   (2) One member from each incorporated city within Imperial County
who shall be the mayor of the city or a member of its city council.
The term of a member under this paragraph terminates when he or she
ceases to hold that office or when replaced by the city council.
   (3) One member of the board of directors of the Imperial
Irrigation District. The term of a member under this paragraph
terminates when he or she ceases to hold that office or when replaced
by the board of directors of the district.
   (4) One nonvoting member appointed by the Governor representing
the Department of Transportation.
   (b) The governing board of the commission may also include the
following nonvoting members:
   (1) One member representing the State of Baja California, Mexico,
who may be appointed by the governor of the state.
   (2) One member representing the municipality of Mexicali, Mexico,
who may be the mayor or his or her designee.
   (3) One member representing the Consul of Mexico in Calexico,
California, who may be the consul or his or her designee.
   (4) One member representing any federally recognized Native
American tribe in Imperial County.
      CHAPTER 2.  ADMINISTRATION


   132810.  The governing board of the commission at its first
meeting, and thereafter annually at the first meeting in January,
shall elect a chairperson from its members who shall preside at all
meetings, and a vice chairperson who shall preside in his or her
absence. In the event of their absence or inability to act, the
members present, by an order entered in the minutes, shall select one
of their members to act as chairperson pro tempore, who, while so
acting shall have all of the authority of the chairperson.
   132811.  The board shall establish rules for its proceedings
consistent with the law of the State of California.
   132812.  A majority of the voting members of the board shall
constitute a quorum for the transaction of business and all official
acts of the commission. All official acts of the board require the
affirmative vote of the majority of the voting members of the board.
   132813.  The acts of the board shall be expressed by motion,
resolution, or ordinance.
   132814.  (a) All meetings of the board shall be conducted in the
manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code).
   (b) All meetings of committees established by the board shall be
held pursuant to Section 54952.3 of the Government Code, and no other
provision of the Ralph M. Brown Act shall apply to meetings of those
committees.
   (c) Any committee of the board shall have a membership of at least
three voting members.
   132815.  The board shall do the following:
   (a) Adopt an annual budget and fix the compensation of its
officers and employees.
   (b) Adopt an administrative code, by ordinance, which shall
prescribe the powers and duties of commission officers, the method of
appointment of commission employees, and methods, procedures, and
systems of operation and management of the commission.
   (c) Cause a postaudit of the financial transactions and records of
the commission to be made at least annually by a certified public
accountant.
   (d) Appoint a technical advisory committee of representatives from
all of the transit operators in the county, all of the incorporated
cities in the county, the county, and the Department of
Transportation.
   (e) Appoint such other advisory committees the board deems
necessary.
   132816.  Notice of time and place of the public hearing for the
adoption of the annual budget shall be published pursuant to Section
6061 of the Government Code, and shall be published not later than
the 15th day prior to the date of the hearing. The proposed annual
budget shall be available for public inspection at least 15 days
prior to the hearing.
      CHAPTER 3.  POWERS AND FUNCTIONS


   132820.  The commission may do any of the following:
   (a) Use up to 3 percent of the revenues in the local
transportation fund for the purpose of carrying out its
responsibilities.
   (b) Sue and be sued.
   (c) Enter into contracts with qualified vendors to further the
purposes of the commission.
   (d) Do any and all things necessary to carry out the purposes of
this division.
   132824.  The commission shall undertake the following:
   (a)  Prepare a short-range transportation plan that includes the
development and approval of a three- to five-year transportation
improvement program, as follows:
   (1) The transportation improvement program shall apply to all
projects funded with federal, state, and local funds.
   (2) The transportation improvement program shall be developed in
coordination and consultation with the multicounty designated
transportation planning agency, and shall be consistent with that
agency's regional transportation plan.
   (3) The county commission and the multicounty designated
transportation planning agency shall enter into a memorandum of
understanding specifying the process for preparing the transportation
improvement program.
   (4) The commission shall consult with its member agencies, the
Department of Transportation, adjacent counties, and other entities
public and private when preparing its short-range plan and
transportation improvement program.
   (b)  The commission shall be responsible for administering the
funds deposited in the local transportation fund according to the
terms and conditions of the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200) of Part 11 of Division 10), which is
also known as the Transportation Development Act, or any successor to
that act.
   (c) The commission shall be responsible for preparing the
short-range transit plan required by the Transportation Development
Act.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
                                          
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