BILL NUMBER: AB 466 CHAPTERED 09/21/04 CHAPTER 620 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2004 APPROVED BY GOVERNOR SEPTEMBER 21, 2004 PASSED THE ASSEMBLY AUGUST 25, 2004 PASSED THE SENATE AUGUST 9, 2004 AMENDED IN SENATE JULY 6, 2004 AMENDED IN SENATE JUNE 22, 2004 AMENDED IN SENATE JUNE 14, 2004 AMENDED IN ASSEMBLY MAY 14, 2003 AMENDED IN ASSEMBLY MAY 1, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Member Steinberg FEBRUARY 14, 2003 An act to amend Section 102015 of, to add Sections 102024, 102025, 102026, 102027, 102028, 102100.1, 102100.2, 102100.3, 102100.4, 102100.5, 102100.6, 102100.7, 101200.8, and 101200.9 to, and to repeal Section 102100 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 466, Steinberg. Sacramento Regional Transit District. Existing law, the Sacramento Regional Transit District Act, establishes the Sacramento Regional Transit District that is governed by a board of directors. Existing law establishes requirements for membership and appointment to the board, and requires that not less than 7 members and not more than 11 members serve on the board. The act describes the authorized boundaries of the district and cities that may be annexed to the district. This bill would delete the 11 member maximum. The bill would authorize a jurisdiction, as defined, to appoint members to the board, and would impose certain requirements on a jurisdiction appointee's voting rights. The bill would identify West Sacramento as an additional city that may be annexed to the district. The bill would define certain terms for purposes of the act and make other related changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 102015 of the Public Utilities Code is amended to read: 102015. "City" means, individually, the Cities of Citrus Heights, Davis, Elk Grove, Folsom, Rancho Cordova, Roseville, Sacramento, West Sacramento, and Woodland, and any other city that is annexed to the district as provided in this part. SEC. 2. Section 102024 is added to the Public Utilities Code, to read: 102024. "Jurisdiction" means any city or county that is specifically named or described in Section 102015 or 102016, regardless of whether the city or county is annexed to the district as provided in this part. SEC. 3. Section 102025 is added to the Public Utilities Code, to read: 102025. "Express service" means transit service that serves two or more jurisdictions that is designed and operated so that substantially all of the passengers who use that transit service board within the boundary of one jurisdiction and disembark within the boundary of another jurisdiction. SEC. 4. Section 102026 is added to the Public Utilities Code, to read: 102026. "Regional activity center" means a high-volume public facility that serves as a trip attractor to persons residing both within and outside the boundary of the jurisdiction in which the regional activity center is located. SEC. 5. Section 102027 is added to the Public Utilities Code, to read: 102027. "Regional matter" means a matter regarding regional transit service as defined in Section 102028 and other matters of regionwide significance as defined under the district's bylaws. SEC. 6. Section 102028 is added to the Public Utilities Code, to read: 102028. "Regional transit service" means transit service, other than express service, that is operated along a route that traverses a jurisdiction's boundary and meets at least one of the following criteria: (a) It is operated along a route serving more than two jurisdictions. (b) It is operated along a route serving two or more regional activity centers located within two or more jurisdictions. SEC. 7. Section 102100 of the Public Utilities Code is repealed. SEC. 8. Section 102100.1 is added to the Public Utilities Code, to read: 102100.1. (a) Except as otherwise provided, the government of the district shall be vested in a board of directors consisting of not less than seven members who shall serve four-year terms. (b) At the first regularly scheduled meeting of the board after January 1, 1981, the directors shall provide for staggered terms by first classifying themselves according to the appointing jurisdiction and secondly classifying themselves by lot so that a director representing the City of Sacramento and a director representing the County of Sacramento shall each hold office for two years, one each shall hold office for three years, and the remainder of the board shall hold office for four years. (c) Appointments to the board shall follow the term of the position being filled and all terms shall be for four years, except that if the number of directors is increased, the term of the newly appointed director shall be fixed by the board so that not more than four terms shall expire in any one year. (d) In no event shall any director hold office for more than two successive terms, counting the term in effect on January 1, 1980, as the first term. SEC. 9. Section 102100.2 is added to the Public Utilities Code, to read: 102100.2. The first board of directors shall consist of seven members appointed within 30 days after the district is formed as provided in Section 102052. Four members of the first board of directors shall be appointed by the City Council of the City of Sacramento. Three members of the first board of directors shall be appointed by the Board of Supervisors of the County of Sacramento, unless, prior to the 30th day after the district is formed, the Board of Supervisors of Yolo County has adopted a resolution declaring there is a need for the district to operate, in which case, two members of the first board of directors shall be appointed by the Board of Supervisors of the County of Sacramento and one member of the first board of directors shall be appointed by the Board of Supervisors of Yolo County. SEC. 10. Section 102100.3 is added to the Public Utilities Code, to read: 102100.3. The number of the directors of the district shall be increased by the board as may be necessary to provide both of the following: (a) Each city and county specifically named in Sections 102015 and 102016, which is receiving service from the district and is rendering tax or financial support to the district, shall have at least one appointment to the board. (b) Each jurisdiction shall have at least one appointment to the board as provided in Section 102100.4. SEC. 11. Section 102100.4 is added to the Public Utilities Code, to read: 102100.4. A jurisdiction that is not annexed to the district may make at least one appointment to the district board, and the member appointed to the district board by that jurisdiction may vote as provided in Section 102100.5, if that jurisdiction enters into an agreement with the district that provides for all of the following: (a) The jurisdiction agrees to pay for that entity's proportionate share of the district's cost to provide rail and other districtwide transit services. (b) The district agrees to maintain a specified level of rail or other districtwide transit services. (c) The district is not obligated to provide transit services to any particular location or along any particular route. SEC. 12. Section 102100.5 is added to the Public Utilities Code, to read: 102100.5. The appointee of a jurisdiction entering into an agreement as provided in Section 102100.4 may only vote on a regional matter, provided that the appointing authority of the jurisdiction and its appointee's term will terminate upon termination or cancellation of the agreement, and the agreement will automatically terminate upon the effective date of the jurisdiction's annexation to the district pursuant to Section 102055. SEC. 13. Section 102100.6 is added to the Public Utilities Code, to read: 102100.6. (a) An action by the district board of directors shall not be void or voidable because a director voted on a matter initially deemed to be a regional matter that is subsequently determined not to be a regional matter. However, the matter shall be set for reconsideration by the district's board of directors if it first determines, in the manner provided in the district's bylaws, both of the following: (1) The outcome of the vote on that action would have changed if that director's vote had not been counted. (2) The matter is not a regional matter. (b) An action by the district board of directors shall not be void or voidable because a director refrained or abstained from voting on a matter initially deemed not to be a regional matter that is subsequently determined to be a regional matter. (c) An action by the district board of directors shall not be void or voidable because an appointment was made to the district board of directors that does not comply with the provisions of this Section. SEC. 14. Section 102100.7 is added to the Public Utilities Code, to read: 102100.7. The appointments to the board may be changed in the following manner: Not more often than every two years, the counties, for the unincorporated areas, and the cities in which the district is providing service and in which the voters have authorized the district to operate and levy a tax within their boundaries or that are providing financial support to the district, may by agreement apportion the appointments to the board among them in the approximate ratio that the district provides transit service, as determined by the gross cost of the service without regard to income or revenues of the district, within their respective boundaries. However, there shall be at least one appointment by each city and county specifically named in Sections 102015 and 102016. SEC. 15. Section 102100.8 is added to the Public Utilities Code, to read: 102100.8. Execution of the agreement provided in Section 102100.3 by the district and the City of Elk Grove shall be a complete defense in any action or proceeding of any kind to enforce or compel compliance with Resolution Number 99-1044 adopted by the Sacramento County Board of Supervisors or Resolution Numbers LAFC 1205, LAFC 1206, LAFC 1207, or LAFC 1208, adopted by the Sacramento Local Agency Formation Commission, to the extent the enforcement action is related to the enforcement of the Mitigation Monitoring Reporting Program Mitigation Measure Number 2 pertaining to the Sacramento Regional Transit District. SEC. 16. Section 102100.9 is added to the Public Utilities Code, to read: 102100.9. For purposes of Section 102100.3, the City of Elk Grove' s proportionate share shall be determined in the manner provided in Section 4B(2) of the First Amendment to Interim Agreement for Elk Grove Bus Service, dated March 17, 2004, between the district and the City of Elk Grove.