BILL NUMBER: SB 655 CHAPTERED 09/10/01 CHAPTER 280 FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2001 APPROVED BY GOVERNOR SEPTEMBER 8, 2001 PASSED THE SENATE AUGUST 28, 2001 PASSED THE ASSEMBLY AUGUST 27, 2001 AMENDED IN ASSEMBLY JULY 16, 2001 AMENDED IN ASSEMBLY JULY 9, 2001 AMENDED IN SENATE APRIL 24, 2001 INTRODUCED BY Senator Machado (Coauthor: Assembly Member Steinberg) FEBRUARY 23, 2001 An act to add Section 102240.5 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 655, Machado. Transportation: transit districts: property acquisition. Existing law authorizes the Sacramento Regional Transit District to take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or without the district necessary to the full or convenient exercise of the district's powers. This bill would authorize those powers for the district, with regard to real and personal property of every kind within the district, as necessary for, incidental to, or convenient for, transit-oriented joint development projects, as defined, that are consistent with the general plan, any applicable specific plan, any applicable transit village plan, and the land-use and development ordinances of the city or county in which the project is located. The bill would prohibit the district from exercising its power of eminent domain in order to make an acquisition related to transit-oriented joint development projects. The bill would require the district, prior to exercising the authority granted under the bill, to prepare, and adopt at a public hearing, written policies and procedures implementing the provisions of the bill. The bill would require the district to invite public comment during the preparation and adoption of the specified policies and procedures. The bill would specify that the provisions of the bill apply only to acquisitions related to transit-oriented joint development projects and do not expand the district's existing powers. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 102240.5 is added to the Public Utilities Code, to read: 102240.5. (a) As used in this section, "transit-oriented joint development project" means a development project for commercial, residential, or mixed-use purposes that is undertaken in connection with existing, planned, or proposed transit facilities and is located one-fourth mile or less from the exterior boundary of the parcel on which that facility is located. (b) The district may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within the district necessary for, incidental to, or convenient for, transit-oriented joint development projects. (c) Any transit-oriented joint development project undertaken pursuant to this section shall be consistent with the general plan, any applicable specific plan, any applicable transit village plan, and the land-use and development ordinances of the city or county in which the project is located. (d) The district may not exercise its power of eminent domain in order to make an acquisition under this section. (e) (1) Prior to exercising the authority granted under this section, the district shall prepare, and shall adopt at a public hearing, written policies and procedures implementing this section. (2) The district shall invite public comment during the preparation and adoption of the policies and procedures required under paragraph (1), including, but not limited to, soliciting the input of community members and organizations and publishing notice of the public hearing in a newspaper of general circulation. (f) This section applies only to acquisitions related to transit-oriented joint development projects and does not expand the district's existing powers.