BILL NUMBER: AB 706 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2011
INTRODUCED BY Assembly Member Torres
( Principal coauthors:
Assembly Members Eng, Hagman, and
Roger Hernández )
( Principal coauthors:
Senators Hernandez and Huff )
FEBRUARY 17, 2011
An act relating to public safety. An act
to amend Sections 132400, 132410, and 132415 of the Public Utilities
Code, relating to the Pasadena Metro Blue Line Construction
Authority, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 706, as amended, Torres. California Public Safety
Telecommunicators Week. Pasadena Metro Blue Line
Construction Authority.
Existing law creates the Pasadena Metro Blue Line Construction
Authority for purposes relating to the development of a light rail
project extending from the City of Los Angeles to the Cities of
Pasadena and Claremont. Existing law provides that the authority
shall be governed by a board consisting of 5 voting members and one
nonvoting member and requires the authority to adopt a code of
conduct for officers and board members of the authority that, among
other things, specifies circumstances under which a board member
shall be deemed to have a financial interest in a decision.
This bill would authorize the authority to also use the name Metro
Gold Line Foothill Extension Construction Authority. The bill would
provide that the board shall consist of 5 voting members and 3
nonvoting members, would require the additional 2 nonvoting members
to be appointed by the City Councils of the Cities of Pasadena and
South Pasadena, as specified, and would require each appointing
authority to also appoint an alternate member, as specified. The bill
would also specify circumstances under which board members,
alternate members, officers, consultants, and employees of the
authority shall not be considered financially interested and may
participate in decisions and agreements regarding the authority, any
appointing authority, and any city adjoining the project
right-of-way. The bill would provide that a board member may
simultaneously hold specified governmental positions without the
holding of those positions constituting an incompatible office or
activity, as specified.
Because the bill would impose new duties on local agencies, the
bill would create 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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
The Warren-911-Emergency Assistance Act requires every local
public agency to establish and operate, or to be a part of, an
emergency telephone system using the digits "911," and creates the
State 911 Advisory Board to assist in facilitating the purpose of the
act to establish the number 911 as the primary emergency telephone
number statewide.
This bill would designate the second full week of April of each
year, commencing in 2012, as California Public Safety
Telecommunicators Week for the purpose of heightening citizen
awareness of the great importance of 911 service and its role in
keeping the public safe. The bill would require the Governor and the
Legislature to annually issue proclamations and resolutions, as
specified, that draw public attention to the week in order to
encourage the private sector and state and local agencies to initiate
activities recognizing public safety telecommunicators.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 132400 of the Public
Utilities Code is amended to read:
132400. For purposes of this chapter, the following terms have
the following meanings:
(a) The "authority" is the Pasadena Metro Blue Line Construction
Authority created under this chapter. The authority may also use
the name Metro Gold Line Foothill Extension Construction Authority.
(b) The "board" is the governing board of the authority.
(c) The "commission" is the California Transportation Commission.
(d) The "LACMTA" is the Los Angeles County Metropolitan
Transportation Authority.
(e) The "project" is the Los Angeles-Pasadena Metro Blue Line
light rail project extending from Union Station in the City of Los
Angeles to Sierra Madre Villa Boulevard in the City of Pasadena and
any mass transit guideway that may be planned east of Sierra Madre
Villa Boulevard along the rail right-of-way extending to the City of
Claremont.
SEC. 2. Section 132410 of the Public
Utilities Code is amended to read:
132410. (a) The authority has all of the powers necessary for
planning, acquiring, leasing, developing, jointly developing, owning,
controlling, using, jointly using, disposing of, designing,
procuring, and building the project, including, but not limited to,
all of the following:
(1) Acceptance of grants, fees, and allocations from the state,
local agencies, and private entities.
(2) Acquiring, through purchase or through eminent domain
proceedings, any property necessary for, incidental to, or convenient
for, the exercise of the powers of the authority.
(3) Incurring indebtedness, secured by pledges of revenue
available for project completion.
(4) Contracting with public and private entities for the planning,
design, and construction of the project. These contracts may be
assigned separately or may be combined to include any or all tasks
necessary for completion of the project.
(5) Entering into cooperative or joint development agreements with
local governments or private entities. These agreements may be
entered into for the purpose of sharing costs, selling or leasing
land, air, or development rights, providing for the transferring of
passengers, making pooling arrangements, or for any other purpose
that is necessary for, incidental to, or convenient for the full
exercise of the powers granted the authority. For purposes of this
paragraph, "joint development" includes, but is not limited to, an
agreement with any person, firm, corporation, association, or
organization for the operation of facilities or development of
projects adjacent to, or physically or functionally related to, the
project.
(6) Relocation of utilities, as necessary for completion of the
project.
(b) The duties of the authority include, but are not limited to,
all of the following:
(1) Conducting the financial studies and the planning and
engineering necessary for completion of the project.
(2) (A) Adoption of an administrative code, not later than 60 days
after establishment of the authority, for administration of the
authority in accordance with any applicable laws, including, but not
limited to, the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code), contracting and procurement laws, laws relating to contracting
goals for minority and women business participation, and the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
(B) (i) The administrative code adopted under subparagraph (A)
shall include a code of conduct for employees and board members that
is consistent with Sections 84308 and 87103 of the Government Code
and prohibits board members and staff from accepting gifts valued at
ten dollars ($10) or more from contractors, potential contractors, or
their subcontractors.
(ii) The code shall require the disclosure, on the record, of the
proceedings by the officer of the agency who receives a contribution
within the preceding 24 months in an amount of more than two hundred
fifty dollars ($250) from a party or participant to a proceeding, and
the disclosure by the party or participant.
(iii) The code shall provide that no officer of the agency shall
make, participate in making, or in any way attempt to use his or her
official position to influence the decision in a proceeding, as
described in Section 84308 of the Government Code, if the officer has
willfully or knowingly received a contribution in the amount of more
than two hundred fifty dollars ($250) within the preceding 24 months
from a party or his or her agent, or from any participant or his or
her agent if the participant has a financial interest in the
decision.
(iv) Any officer deemed ineligible to participate in a proceeding
due to the provisions of this code of conduct may be replaced for the
purposes of that proceeding by an appointee chosen by the
appropriate appointing authority.
(v) Under the code of conduct, board members shall be deemed to
have a financial interest in a decision within the meaning of Section
87100 of the Government Code if the decision involves the donor of,
or intermediary or agent for a donor of, a gift or gifts aggregating
ten dollars ($10) or more in value within the 12 months prior to the
time the decision was made.
(vi) Board members, alternate members, officers, consultants, and
employees shall not be considered financially interested solely by
virtue of their holding office with or being employed by the
authority and, concurrently, holding office with or being employed by
an entity set forth in subdivision (a) of Section 132415, a city
adjoining the project right-of-way, or both such an entity and such a
city, and they may participate in decisions and agreements regarding
the authority, any of the entities set forth in subdivision (a) of
Section 132415, and any of the cities adjoining the project
right-of-way. The participation described in this clause shall not
constitute a conflict of interest under or for the purposes of
Section 1090 of the Government Code, or an incompatible employment,
activity, or enterprise under or for the purposes of Section 1126 of
the Government Code.
(c) The authority shall make reasonable progress, as determined by
the commission, in the design and construction of the project within
the timetable imposed under the 1998 State Transportation
Improvement Program.
SEC. 3. Section 132415 of the Public
Utilities Code is amended to read:
132415. (a) The authority shall be governed by a board consisting
of five voting members and one three
nonvoting member members who shall be
appointed as follows:
(1) Three members shall be appointed by the City Councils of the
Cities of Los Angeles, Pasadena, and South Pasadena, with each city
council appointing one member by a majority vote of the membership of
that city council.
(2) One member shall be appointed by the President of the
Governing Board of the San Gabriel Valley Council of Governments,
subject to confirmation by that board.
(3) One member shall be appointed by the LACMTA.
(4) The One nonvoting member shall
be appointed by the Governor.
(5) Two nonvoting members shall be appointed by the City Councils
of the Cities of Pasadena and South Pasadena, with each city
appointing one nonvoting member.
(b) All members shall serve a term of not more than four years,
with no limit on the number of terms that may be served by any
person.
(c) Each appointing authority shall also appoint an alternate
member to serve in a member's absence. If the position of a
voting member becomes vacant, an the
alternate voting member may be appointed
by a majority vote of the board to shall serve
until the position is filled as required under
pursuant to subdivision (a).
(d) Members of the board are subject to the Political Reform Act
of 1974 (Title 9 (commencing with Section 81000) of the Government
Code).
(e) Three members of the board shall constitute a quorum.
(f) The board shall elect a chairperson and vice chairperson from
among the membership of the board.
(g) Each member of the board may be compensated at a rate of not
more than one hundred fifty dollars ($150) per day spent attending to
the business of the authority. Compensation, if paid, shall not
exceed six hundred dollars ($600) per month, plus expenses directly
related to the performance of duties imposed by the authority,
including, but not limited to, travel and personal expenses.
(h) Members appointed to the board may include members or
employees of the entities set forth in subdivision (a), and members
or employees of the cities adjoining the project right-of-way. The
simultaneous membership described in this subdivision shall not
constitute a violation of Section 1099 or 1126 of the Government
Code.
SEC. 4. The provisions set forth in Section 2 and
in subdivision (h) of Section 132415 of the Public Utilities Code as
set forth in Section 3 of this act are declaratory of existing law as
they pertain to conflicts of interest, incompatible offices, or
incompatible activities, and the ability of board members, alternate
members, officers, and employees to participate in decisions and
agreements regarding the Pasadena Metro Blue Line Construction
Authority, any of the entities set forth in subdivision (a) of
Section 132415 of the Public Utilities Code, and any of the cities
adjoining the project right-of-way.
SEC. 5. 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.
SEC. 6. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to avoid delays in the construction of the Metro Gold
Line Foothill Extension Construction Authority Phase 2A project, it
is necessary for this act to take effect immediately.
SECTION 1. The Legislature finds and declares
all of the following:
(a) Over one-half million dedicated men and women are engaged in
the operation of emergency response systems for federal, state, and
local governmental entities throughout the United States, including
an estimated 55,000 dedicated men and women in California.
(b) These individuals are responsible for responding to the
telephone calls of the general public for police, fire, and emergency
medical assistance, and for dispatching this critical assistance
necessary to help save the lives and property of our citizens.
(c) Public safety telecommunicators are the first point of contact
for most interactions between members of the public and the public
safety systems that keep Californians safe, and the public expects
and receives extraordinarily dedicated service from these
individuals.
(d) America's public safety telecommunicators serve the public in
countless ways each day, often without recognition by the
beneficiaries of their services.
(e) Congress has designated the second full week of April of each
year as National Public Safety Telecommunicators Week, and it is
appropriate for California to conform to this practice.
SEC. 2. The second full week in April of each
year, commencing in 2012, is hereby designated as California Public
Safety Telecommunicators Week. The purpose of California Public
Safety Telecommunicators Week shall be to heighten citizen awareness
of the great importance of 911 service and its role in keeping the
public safe. The Governor and the Legislature shall annually issue
proclamations and resolutions, respectively, as deemed appropriate,
that draw public attention to the week in order to encourage the
private sector and state and local agencies to initiate activities
recognizing public safety telecommunicators.