BILL NUMBER: SB 110 CHAPTERED 09/22/05 CHAPTER 248 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE SENATE AUGUST 31, 2005 PASSED THE ASSEMBLY AUGUST 29, 2005 AMENDED IN ASSEMBLY AUGUST 22, 2005 AMENDED IN SENATE MAY 23, 2005 AMENDED IN SENATE MARCH 29, 2005 INTRODUCED BY Senator Florez JANUARY 24, 2005 An act to amend Sections 142051, 142105, 142260, and 142263 of the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 110, Florez Fresno County Transportation Authority. (1) The Fresno Transportation Improvement Act establishes the Fresno County Transportation Authority, which is authorized to impose a sales tax in Fresno County for up to 30 years for transportation purposes, subject to voter approval. Existing law specifies the wording of the proposition to be presented by the board of supervisors to voters in that regard. This bill would delete the specific language for the proposition, and instead would require the language presented to the voters to include the nature of the tax to be imposed, the tax rate or maximum tax rate, the period during which the tax will be imposed, and the purposes for which the revenue from the tax will be used. The bill would authorize the board of supervisors to designate an agency to place the matter before the voters of Fresno County. (2) Existing law provides that the authority shall consist of 7 members and authorizes the authority to amend the expenditure plan for the sales tax revenues by a majority vote. This bill would expand the authority to 9 members and revise the composition of the authority. The bill would require the authority to establish a citizens oversight committee. The bill would modify the process for amending the expenditure plan to require approval of amendments by the board of supervisors and a majority of the cities in Fresno County constituting a majority of the county's incorporated population. The bill would thereby impose a state-mandated local program. (3) 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 142051 of the Public Utilities Code is amended to read: 142051. The authority shall consist of nine members selected as follows: (a) Two members of the board of supervisors appointed by the board, consisting of one member from rural district 1, 4, or 5 and one member from urban district 2 or 3. (b) Two members representing the City of Fresno, consisting of the mayor thereof and a member of the city council of that city appointed by the city council. (c) One member representing the City of Clovis appointed by the city council of that city. (d) Two members representing the other cities within the county, consisting of one westside member appointed by a committee comprised of the mayors of each of those cities west of State Highway Route 99, and one eastside member appointed by a committee comprised of the mayors of each of those cities east of State Highway Route 99. (e) Two members of the public at large, consisting of one member appointed by the board of supervisors with the appointee residing outside of the incorporated areas of Fresno and Clovis, and one member appointed jointly by the city councils of Fresno and Clovis with the appointee residing within the incorporated area of Fresno or Clovis. SEC. 2. Section 142105 of the Public Utilities Code is amended to read: 142105. The authority shall do all the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operations and management of the authority. (c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (d) Appoint a policy advisory committee composed of one representative of each city in the county and one representative of the county. Each representative on the committee shall be an elected official. If a representative ceases to be an elected official, that representative shall cease to be a member of the committee, and another representative from that city or county, as the case may be, shall be appointed. No person shall serve on the authority and on the committee at the same time. (e) Establish a citizens oversight committee with membership, method of appointment, roles, and responsibilities in accordance with and as defined in the initial expenditure plan prepared for the purposes of the extension of the retail transactions and use tax. (f) Do any and all things necessary to carry out the purposes of this division. SEC. 3. Section 142260 of the Public Utilities Code is amended to read: 142260. (a) The authority may, by the affirmative vote of a majority of the members, approve the updated expenditure plan adopted pursuant to Section 142258. (b) The authority may amend the expenditure plan adopted pursuant to Section 142258, if required, subject to all of the following conditions: (1) The authority shall take all appropriate actions to give highest priority to the projects in the initial expenditure plan, and if any amendments delay or delete any project in the initial plan, the authority shall hold a public hearing and adopt a resolution initiating the amendments that specifically detail the reason why the amendments are necessary relative to conditions beyond the control of the authority. (2) The authority shall notify the transportation planning agency, the board of supervisors, and the city council of each city in the county and provide them with a copy of the proposed amendments. (3) The amendment is approved by the board of supervisors. (4) The amendment is approved by a majority of the cities constituting a majority of the population residing in the incorporated areas of the county. (c) The proposed amendments shall become effective immediately upon completion of the approval process in subdivision (b). SEC. 4. Section 142263 of the Public Utilities Code is amended to read: 142263. (a) The board of supervisors, or its designee, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, shall seek authorization from the electors to issue bonds payable solely from the proceeds of the tax. (b) The maximum bonded indebtedness which may be authorized shall be an amount equal to the sum of the principal and interest on the bonds, not to exceed the estimated proceeds of the tax, for a period of not more than 30 years. The actual wording of the proposition on any short form of ballot card, label, or other device, regardless of the system of voting used, shall include all of the following: (1) The nature of the tax to be imposed. (2) The tax rate or the maximum tax rate. (3) The period during which the tax will be imposed. (4) The purposes for which the revenue derived from the tax will be used. (c) The sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall include the full proposition, and the voter information handbook shall include the entire expenditure plan adopted by the authority. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.