Bill Text: CA SB652 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alameda Corridor-East Construction Authority.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB652 Detail]

Download: California-2009-SB652-Amended.html

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BILL NUMBER: SB 652	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2009

INTRODUCED BY   Senator Huff

                        FEBRUARY 27, 2009

    An act to add Section 6507.5 to the Government Code,
relating to joint powers agreements.   An act to add
Article 5.3 (commencing with Section 14073) to Chapter 1 of Part 5 of
Division 3 of Title 2 of the Government Code, relating to
transportation, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 652, as amended, Huff.  Joint powers agreements.
  Alameda Corridor-East Construction Authority. 

   Existing law provides for the creation of a separate public entity
pursuant to a joint powers agreement among existing public entities
pursuant to the Joint Exercise of Powers Act.  
   This bill would provide that the Alameda Corridor-East
Construction Authority and the San Gabriel Valley Council of
Governments, a joint powers agency created pursuant to the Joint
Exercise of Powers Act, of which the authority is a part, shall be
considered political subdivisions of the state, and that these
entities may be applicants for state or federal funds for projects
within their jurisdiction.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law provides that the administering agency that is
created by a joint powers agreement pursuant to the Joint Exercise of
Powers Act is a public entity separate from the parties to the
agreement.  
   This bill would provide that the administering agency created by a
joint powers agreement shall be considered a political subdivision
of the state if one or more of the public agencies that entered into
the agreement is a political subdivision of the state, including, but
not limited to, a city, county, or district. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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

   SECTION 1.    Article 5.3 (commencing with Section
14073) is added to Chapter 1 of Part 5 of Division 3 of Title 2 of
the   Government Code   , to read:  

      Article 5.3.  Alameda Corridor-East Construction Authority


   14073.  The Alameda Corridor-East Construction Authority is a part
of an existing joint powers authority, the San Gabriel Valley
Council of Governments, formed pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1, which consists of the 29
cities in the San Gabriel Valley of Los Angeles County, the County of
Los Angeles, and a joint powers agency consisting of three municipal
water districts. The purpose of the Alameda Corridor-East
Construction Authority is to mitigate the impacts of significant
increases in rail traffic over 70 miles of mainline railroad in the
San Gabriel Valley through the construction of multiple construction
projects including near-term, low-cost mobility improvements that
encompass safety upgrades and traffic signal control measures, and
grade separations. The powers and duties of the Alameda Corridor-East
Construction Authority are specified in Section 27 of the third
amended and restated joint exercise of powers agreement, effective
April 3, 2007.
   14073.1.  The Alameda Corridor-East Construction Authority and the
San Gabriel Valley Council of Governments shall be considered
political subdivisions of the state.
   14073.2.  The Alameda Corridor-East Construction Authority and the
San Gabriel Valley Council of Governments may be applicants for
state or federal funds for projects within their jurisdiction.
   14073.3.  It is the intent of the Legislature that, for the
purpose of determining eligibility for the Federal Railroad
Administration program for Capital Grants for Rail Line Relocation
and Improvement Projects, this article shall apply. 
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to clarify the status of the San Gabriel Valley Council
of Governments and the Alameda Corridor-East Construction Authority
for the purpose of obtaining access to immediately available federal
funding, it is necessary that this act take effect immediately. 

  SECTION 1.    Section 6507.5 is added to the
Government Code, to read:
   6507.5.  The administering agency created by a joint powers
agreement shall be considered a political subdivision of the state if
one or more of the public agencies that entered into the agreement
is a political subdivision of the state, including, but not limited
to, a city, county, or district.