BILL NUMBER: AB 630 CHAPTERED 09/27/02 CHAPTER 938 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE ASSEMBLY AUGUST 28, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 22, 2002 AMENDED IN ASSEMBLY JANUARY 24, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 INTRODUCED BY Assembly Member Oropeza FEBRUARY 22, 2001 An act to amend Section 130051.12 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 630, Oropeza. Transportation: Los Angeles County Metropolitan Transportation Authority. Existing law requires that the Los Angeles County Metropolitan Transportation Authority, at a minimum, reserve to itself exclusively, specified powers and responsibilities, including, among other things, the establishment of overall goals and objectives. This bill would specify that the above responsibility as to the establishing of overall goals and objectives is to achieve optimal transport service for the movement of goods and people on a countywide basis. The bill would also make various findings regarding the terrorist attacks of September 11, 2001. The bill would require the authority to perform a security assessment in conjunction with other municipal operators in Los Angeles County to determine the safety and security measures required to protect their operations and passengers. By imposing this additional requirement on the authority, the bill would impose a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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 these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares the following: (1) On September 11, 2001, terrorists hijacked four commercial airliners in the United States, crashing two of them into the World Trade Center, one into the Pentagon, and another in Pennsylvania. (2) These acts took the lives of thousands of innocent individuals, destroyed the World Trade Center, and caused vast amounts of property and other economic damages. (3) These events reveal the need for increased security in all areas and, in particular, in our vital transportation industry to minimize the possibility of future terrorists attacks. (4) The Los Angeles County Metropolitan Transportation Authority provides bus and rail transportation in a 1,433 square mile service area where more than nine million people reside, nearly one-third of California's total population. Protecting the security of these transportation services and the passengers who use them is of the utmost importance. (b) It is the intent of the Legislature to initiate measures to provide this protection in the service area of the Los Angeles County Metropolitan Transportation Authority. SEC. 2. Section 130051.12 of the Public Utilities Code is amended to read: 130051.12. (a) The Los Angeles County Metropolitan Transportation Authority shall, at a minimum, reserve to itself exclusively, all of the following powers and responsibilities: (1) Establishment of overall goals and objectives to achieve optimal transport service for the movement of goods and people on a countywide basis. (2) Adoption of the aggregate budget for all organizational units of the authority. (3) Designation of additional included municipal operators pursuant to subdivision (f) of Section 99285. (4) Approval of final rail corridor selections. (5) Final approval of labor contracts covering employees of the authority and organizational units of the authority. (6) Establishment of the authority's organizational structure. (7) Conducting hearings and the setting of fares for the operating organizational unit established pursuant to paragraph (2) of subdivision (a) of Section 130051.11. (8) (A) Approval of transportation zones. (B) In determining the cost-effectiveness of any proposed transportation zone, the authority may not approve or disapprove a transportation zone based upon consideration of rates of wages and other forms of compensation or hours and working conditions of employees of the proposed transportation zone. (C) Any determination of efficiencies that may be derived from the approval of a transportation zone shall include consideration of maintaining the prevailing rate of wages, hours, and other terms and conditions of employment contained in current collective bargaining agreements applicable to the authority as required under subdivision (d) of Section 130051.11. (D) A proposed transportation zone is not required to demonstrate lower operating costs than those of the existing operator or operators of the service to be transferred to the zone, but shall demonstrate that the net cost will not be greater than the current service. (9) Approval of the issuance of any debt instrument with a maturity date that exceeds the end of the fiscal year in which it is issued. (10) Approval of benefit assessment districts and assessment rates. (11) Approval of contracts for transit equipment acquisition that exceed five million dollars ($5,000,000), and making the findings required by subdivision (c) of Section 130238. (b) The Los Angeles County Metropolitan Transportation Authority shall in conjunction with the other municipal operators in the County of Los Angeles perform a security assessment once every five years to determine the safety and security measures required to protect the operation of their systems and their passengers. SEC. 3. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.