BILL NUMBER: SB 465	CHAPTERED  10/04/01

	CHAPTER  472
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2001
	APPROVED BY GOVERNOR  OCTOBER 3, 2001
	PASSED THE ASSEMBLY  AUGUST 31, 2001
	PASSED THE SENATE  MAY 29, 2001
	AMENDED IN SENATE  MAY 15, 2001
	AMENDED IN SENATE  MAY 3, 2001

INTRODUCED BY   Senator McPherson

                        FEBRUARY 22, 2001

   An act to amend Section 67940 of, and to add Section 67941 to, the
Government Code, relating to regional transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 465, McPherson.  Santa Cruz County Regional Transportation
Commission.
   (1) Existing law creates and prescribes the membership and powers
of the Santa Cruz County Regional Transportation Commission.
   This bill would revise the membership of the governing body of the
commission.  To the extent that this revision would establish
additional duties upon local governmental entities, the bill would
impose a state-mandated local program.
   The bill would revise the power of the commission, to permit it to
exercise (1) the power of eminent domain, (2) the power to preserve,
acquire, construct, improve, and oversee multimodal transportation
projects and services on rail rights-of-ways with Santa Cruz County
to facilitate recreational, commuter, intercity, and intercounty
travel, and (3) the authority to contract for any services to
accomplish its purposes.
  (2) 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.


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


  SECTION 1.  Section 67940 of the Government Code is amended to
read:
   67940.  (a) The Santa Cruz County Regional Transportation
Commission is hereby created, as a local area transportation planning
agency, and not as part of the executive branch of state government,
to provide regional transportation planning and development for the
area of Santa Cruz County.  The commission may be known by any other
name it chooses and is the legal successor to the Santa Cruz County
Regional Transportation Commission, established pursuant to Section
29535, for all purposes, including those set forth in Section 67941.

   (b) The governing body shall be composed of all five members of
the Santa Cruz County Board of Supervisors, one member for each of
the cities in the county, by each city, and three members appointed
by the Santa Cruz Metropolitan Transit District.
   (c) The appointing authority, for each regular member it appoints,
and the board of supervisors for each of its members, may appoint an
alternate member to serve in the place of the regular member when
the regular member is absent or disqualified from participating in a
meeting of the governing body.
  SEC. 2.  Section 67941 is added to the Government Code, to read:
   67941.  (a) The commission has the power of eminent domain and the
power to preserve, acquire, construct, improve, and oversee
multimodal transportation projects and services on rail
rights-of-ways within Santa Cruz County in any manner that
facilitates recreational, commuter, intercity, and intercounty
travel.  An action in eminent domain to acquire property or property
interests within any incorporated city or within the unincorporated
area of the county may not be commenced unless the governing body of
the affected city or county has consented by resolution to the
acquisition.
   (b) The commission may contract for any services that accomplish
its purposes.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
are the result of a program for which legislative authority was
requested by that local agency or school district, within the meaning
of Section 17556 of the Government Code and Section 6 of Article
XIIIB of the California Constitution.