Bill Text: CA SB767 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Los Angeles County Metropolitan Transportation

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State. Chapter 580, Statutes of 2015. [SB767 Detail]

Download: California-2015-SB767-Amended.html

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BILL NUMBER: SB 767	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Senator De León
   (Principal coauthors: Senators Allen, Hall, Hernandez, Lara,
 and Liu   Liu,   and Pavley  )
   (Principal coauthors: Assembly Members Bloom, Chau, Holden,
Jones-Sawyer, and Nazarian)

                        FEBRUARY 27, 2015

   An act to add Section 130350.7 to the Public Utilities Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 767, as amended, De León. Los Angeles County Metropolitan
Transportation Authority: transactions and use tax.
   Existing law authorizes the Los Angeles County Metropolitan
Transportation Authority (MTA) to impose, in addition to any other
tax that it is authorized to impose, a transactions and use tax at a
rate of 0.5% for the funding of specified transportation-related
projects and programs, subject to various requirements, including the
adoption of an expenditure plan and voter approval. Existing law
authorizes the MTA to seek voter approval to extend the transactions
and use tax pursuant to an amended ordinance, subject to various
requirements, including adoption of an amended expenditure plan that,
among other things, updates certain cost estimates and identifies
expected completion dates for projects and programs under the
previous expenditure plan, and also requires the amended expenditure
plan to be included in an updated long range transportation plan, as
specified.
   This bill would authorize the MTA to impose an additional
transportation transactions and use tax at a rate of 0.5% subject to
various requirements, including the adoption of an expenditure plan
and voter  approval.   approval, as specified.

   The Transactions and Use Tax Law limits to 2% the combined rate of
all transactions and use taxes imposed in any county, with certain
exceptions.
   This bill would exempt the transactions and use tax authorized by
the bill from this limitation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 130350.7 is added to the Public Utilities Code,
to read:
   130350.7.  (a) The Los Angeles County Metropolitan Transportation
Authority (MTA), in addition to any other tax it is authorized to
impose or has imposed, may impose a transactions and use tax at the
rate of 0.5 percent, for a period to be determined by the MTA, that
is applicable in the incorporated and unincorporated areas of Los
Angeles County.
   (b) The ordinance imposing the tax shall contain all of the
following:
   (1) An expenditure plan that lists the transportation projects and
programs to be funded from net revenues from the tax. The
expenditure plan shall appear in the ordinance as an exhibit. 
  The expenditure plan shall include all of the following:
 
   (A) The most recent cost estimates for each project and program
identified in the expenditure plan.  
   (B) The identification of the accelerated cost, if applicable, for
each project and program in the expenditure plan.  
   (C) The approximate schedule during which the MTA anticipates
funds will be available for each project and program.  
   (D) The expected completion dates for each project and program
within a three-year range. 
   (2) Provisions conforming to the Transactions and Use Tax Law
(Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue
and Taxation Code), except as otherwise provided in subdivision (f).

   (3) A provision limiting the MTA's costs of administering the
ordinance and the net revenues from the tax to 1.5 percent of the
total tax revenues.
   (4) A requirement that the net revenues from the tax, defined to
mean the total tax revenues less any refunds, costs of administration
by the State Board of Equalization, and the MTA's administration
costs, shall be used by the MTA to fund transportation projects and
programs identified in the expenditure plan. 
   (c) The MTA shall do all of the following:  
   (1) Develop a transparent process to determine the most recent
costs estimates for each project and program identified in the
expenditure plan.  
   (2) At least 30 days before submitting the ordinance described in
subdivision (b) to the voters, post the expenditure plan on its
Internet Web site in a prominent manner.  
   (c) 
    (d)  The ordinance shall be adopted by the MTA board,
which shall also adopt a resolution that submits the ordinance to the
voters. 
   (d) 
    (e)  The ordinance shall become operative pursuant to
Section 130352 if approved by two-thirds of the voters voting on the
measure, pursuant to subdivision (d) of Section 2 of Article XIII C
of the California Constitution. 
   (f) (1) If the voters approve the ordinance authorized by this
section, the expenditure plan included as an exhibit to the ordinance
pursuant to paragraph (1) of subdivision (b) shall also be included
in the revised and updated Long Range Transportation Plan within one
year of the date the ordinance takes effect. The revised and updated
Long Range Transportation Plan shall also include capital projects
and capital programs that are adopted by each subregion that are
submitted to the MTA for inclusion in the revised and updated Long
Range Transportation Plan, if the cost and schedule details are
provided by the subregions, in a manner consistent with the
requirements of the plan. Inclusion of a capital project or a capital
program in the Long Range Transportation Plan is not a commitment or
guarantee that the project or program shall receive any future
funding.  
   (2) For purposes of this subdivision, "subregion" shall have the
same meaning as that term is defined in the Long Range Transportation
Plan process in effect as of January 1, 2008.  
   (e) 
    (g)  The MTA may incur bonded indebtedness payable from
the net revenues of the tax pursuant to the bond issuance provisions
of this chapter and any successor act. 
   (f) 
    (h)  The tax authorized by this section shall be imposed
pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing
with Section 7251) of Division 2 of the Revenue and Taxation Code),
notwithstanding the combined rate limitation in Section 7251.1 of the
Revenue and Taxation Code.