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AB-3248 San Diego Association of Governments: San Diego County Regional Transportation Commission: transactions and use tax: expenditure plan.(2019-2020)



Current Version: 02/21/20 - Introduced Compare Versions information image


AB3248:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3248


Introduced by Assembly Member Waldron

February 21, 2020


An act to amend Section 132303 of, and to add Section 132302.5 to, the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 3248, as introduced, Waldron. San Diego Association of Governments: San Diego County Regional Transportation Commission: transactions and use tax: expenditure plan.
Existing law establishes the San Diego County Regional Transportation Commission in the County of San Diego and requires the board of directors of the San Diego Association of Governments (SANDAG) to serve as the commission. Existing law authorizes the commission to impose a retail transactions and use tax by ordinance in the county if approved by 2/3 of the electors voting on the measure. Existing law further authorizes the commission to expand, extend, or increase the tax if approved by the required vote of the electors. Existing law requires the ordinance to contain an expenditure plan that includes an allocation of revenues for the purposes authorized in the ordinance. Pursuant to this authority, the commission, upon receiving voter approval, imposed a retail transactions and use tax of 1/2 of 1% in 1987, and extended the tax, commonly referred to as the TransNet Extension Ordinance, in 2004 until April 1, 2048.
This bill would prohibit SANDAG’s board of directors, serving as the commission, from changing the allocation of revenues to any component of the expenditure plan contained in the TransNet Extension Ordinance by more than an unspecified percentage unless the board, serving as the commission, adopts a resolution proposing to change the allocation of revenues in the expenditure plan, holds 4 public meetings in specified regions of the county to share the details of the proposed change, and the proposed change is approved by 2/3 of the electors voting on the measure at a special election called by the board, serving as the commission.
This bill would impose a state-mandated local program by requiring the County of San Diego to conduct the election on a proposed change to the allocation of revenues in the expenditure plan.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 132302.5 is added to the Public Utilities Code, to read:

132302.5.
 (a) The Board of Directors of the San Diego Association of Governments (SANDAG), serving as the commission pursuant to Section 132051, shall not change the allocation of revenues to any component of the expenditure plan contained in the TransNet Extension Ordinance by more than ____ percent unless SANDAG’s board, serving as the commission, complies with all of the following requirements:
(1) SANDAG’s board, serving as the commission, by a rollcall vote entered in the commission’s minutes, with two-thirds of SANDAG’s board, serving as the commission, concurring consistent with the commission’s standard voting mechanism, adopts a resolution proposing to change the allocation of revenues in the expenditure plan pursuant to this subdivision.
(2) Before calling for the election required pursuant to paragraph (3), SANDAG’s board, serving as the commission, holds a public meeting in each of the following regions of the county to share the details of the proposed change to the allocation of revenues in the expenditure plan:
(A) North Coastal.
(B) North Inland.
(C) South Coastal.
(D) South Inland.
(3) SANDAG’s board, serving as the commission, submits the proposed change to the allocation of revenues in the expenditure plan to the electors of the county at a special election called by SANDAG’s board, serving as the commission, for that purpose and two-thirds of the electors voting on the measure approve the proposed change to the allocation of revenues in the expenditure plan.
(b) For purposes of this section, “TransNet Extension Ordinance” means the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Commission Ordinance 04-01), as adopted by the commission on May 28, 2004, and approved by the voters of the county.

SEC. 2.

 Section 132303 of the Public Utilities Code is amended to read:

132303.
 (a) The county shall conduct an election called by the Board of Directors of the San Diego Association of Governments (SANDAG), serving as the commission pursuant to Section 132301. 132051, pursuant to Section 132301 or 132302.5.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. county and may be consolidated with or held on the same day as an already scheduled election.

SEC. 3.

  If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.