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AB-784 Alameda-Contra Costa Transit District.(2021-2022)

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Date Published: 09/23/2021 10:00 AM
AB784:v94#DOCUMENT

Assembly Bill No. 784
CHAPTER 200

An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation.

[ Approved by Governor  September 22, 2021. Filed with Secretary of State  September 22, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 784, Quirk. Alameda-Contra Costa Transit District.
(1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.
This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority.
(2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.
This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.
(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.
The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.
(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.
If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.
(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.
(6)  This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.
(7) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 24535 of the Public Utilities Code is amended to read:

24535.
 Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.

SEC. 2.

 Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.

SEC. 3.

 Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read:
CHAPTER  2. Alameda-Contra Costa Transit District

24561.
 The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.

SEC. 4.

 Section 24826 of the Public Utilities Code is repealed.

SEC. 5.

 Section 24826 is added to the Public Utilities Code, to read:

24826.
 (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:
(1) The nomination paper shall be signed as follows:
(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.
(B) For directors elected at large, by a minimum of 100 voters of the district.
(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.
(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.

SEC. 6.

 Section 24865 of the Public Utilities Code is amended to read:

24865.
 Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.

SEC. 7.

 Section 24931 of the Public Utilities Code is amended to read:

24931.
 The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.

SEC. 8.

 Section 24932 of the Public Utilities Code is amended to read:

24932.
 The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.

SEC. 9.

 Section 24933 of the Public Utilities Code is repealed.

SEC. 10.

 Section 24935 of the Public Utilities Code is repealed.

SEC. 11.

 Section 24935 is added to the Public Utilities Code, to read:

24935.
 Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.

SEC. 12.

 Section 24937 of the Public Utilities Code is amended to read:

24937.
 The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.

SEC. 13.

 Section 24938 of the Public Utilities Code is amended to read:

24938.
 The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.

SEC. 14.

 Section 25331 of the Public Utilities Code is amended to read:

25331.
 (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.
(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.

SEC. 15.

 Section 25333 of the Public Utilities Code is amended to read:

25333.
 The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.

SEC. 16.

 Section 25813 of the Public Utilities Code is amended to read:

25813.
 The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.

SEC. 17.

 Section 26210.5 of the Public Utilities Code is amended to read:

26210.5.
 The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words “county clerk” or “county elections official” appear in the Elections Code, the words “secretary of the board” shall be substituted, for the purposes of this article, and wherever the words “board of supervisors” appear in the Elections Code, the words “board of directors” shall be substituted, and wherever the words “district attorney or county counsel” appear in the Elections Code, the words “general counsel for the district” shall be substituted.

SEC. 18.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.

SEC. 19.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.