BILL NUMBER: AB 1143	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 18, 2011

    An act to add Section 14669.16 to the Government Code,
relating to state government.   An act to amend Sections
102530, 102531, and 102582 of the Public Utilities Code, relating to
transportation. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1143, as amended, Dickinson.  Department of General
Services: State Board of Equalization facility.  
Sacramento Regional Transit District: bonds.  
   Existing law, the Sacramento Regional Transit District Act,
creates the Sacramento Regional Transit District with specified
powers and duties relative to providing transit services in the
Sacramento region.  
   Existing law authorizes the district to issue revenue bonds under
the Revenue Bond Act of 1941, payable from revenue of any facility or
enterprise of the district. Existing law also authorizes the
district to temporarily borrow money in accordance with various
provisions of the Government Code applicable to local agencies. 

   This bill would provide that revenues or other income, receipts,
or amounts made available to the district, including sales tax
revenue, are revenues of the enterprise for purposes of paying
revenue bonds issued by the district. The bill would exempt the
district from certain provisions of the Revenue Bond Act of 1941, but
would require a 2/3 vote of the district board to issue bonds under
that act. The bill would revise provisions in the Sacramento Regional
Transit District Act relating to temporary borrowing to conform
these provisions to the Government Code provisions applicable to
local agencies. The bill would make other related changes. 

   Existing law authorizes the Director of General Services to hire,
lease, lease-purchase, or lease with the option to purchase any real
or personal property for the use of any state agency. 

   This bill would authorize the director, with the consent of the
State Board of Equalization, to enter into a lease, lease-purchase
agreement, or a lease with an option to purchase for a build-to-suit
facility, for the relocation of the State Board of Equalization in
the Sacramento region. This bill would require the Department of
General Services (department) to develop the terms and conditions of
any agreements or leases authorized by this provision and to provide
them to the Department of Finance for review and approval prior to
soliciting bids. This bill would require the department to notify the
chairpersons of the fiscal committees of the Legislature and the
Joint Legislative Budget Committee, or his or her designee, at least
30 days prior to executing the agreement for a lease, lease-purchase,
or lease with an option to purchase a build-to-suit of real property
authorized by this provision of certain information related to the
agreement or lease and the use of the State Board of Equalization's
current state-owned headquarters. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    Section 102530 of the   Public
Utilities Code   is amended to read: 
   102530.  The district may issue bonds, payable  in whole or in
part  from revenue of any facility or enterprise  acquired
or constructed or  to be acquired or constructed by the
district, in the manner provided by the Revenue Bond Law of 1941
 , Chapter   Chapter  6 (commencing with
Section 54300)  ,   of  Part 1  ,
  of  Division 2  ,   of 
Title 5 of the Government  Code)   Code  ,
all of the provisions of which are applicable to the 
disrict   district, except that Article 3 (commencing
with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5
  of the Government Code, the limitation on the rate of
interest set forth in subdivision (b) of Section 54402 of the
Government Code, and the restrictions therein provided against the
securing of bonds by the taxing power or the proceeds of taxation do
not apply to the issuance and sale of bonds pursuant to this article
and instead, the district shall authorize the issuance of those bonds
by resolution of its governing board approved by a two-thirds vote
of the board  .
   SEC. 2.    Section 102531 of the   Public
Utilities Code   is amended to read: 
   102531.  The district is a local agency within the meaning of the
Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300)
 ,   of  Part 1  ,  
of  Division 2  ,   of  Title 5 of the
Government Code. The term "enterprise" as used in the Revenue Bond
Law of 1941 shall, for all purposes of this part, include the system
or any or all transit facilities, and all additions, extensions, and
improvements thereto,  and all other facilities  authorized
to be acquired, constructed, or completed by the district.  Any
revenues or other income, receipts, or amounts made available to the
district, including, but not limited to, the proceeds of a
transactions and use tax imposed under Article 8 (commencing with
Section 102350) of Chapter 5 of Division 10 or under any other
provision of law, are deemed to be revenues of the enterprise for all
purposes of the Revenue Bond Law of 1941.  The district may
issue revenue bonds under the Revenue Bond Law of 1941, for any one
or more transit facilities authorized to be acquired, constructed, or
completed by the district or, in the alternative, may issue revenue
bonds under the Revenue Bond Law of 1941, for the acquisition,
construction, and completion of any one of  such 
 those  transit facilities. Nothing in this article shall
prevent the district from availing itself of, or making use of, any
procedure provided in this part for the issuance of bonds of any type
or character for any of the transit facilities authorized hereunder,
and all proceedings may be carried on simultaneously or, in the
alternative, as the board may determine.
   SEC. 3.   Section 102582 of the   Public
Utilities Code   is amended to read:
   102582.  The district may borrow money in accordance with the
provisions of Article 7 (commencing with Section 53820),  or
of   Article 7.4 (commencing with Section 53835),
Article 7.5 (commencing with Section 53840),  Article 7.6
(commencing with Section 53850)  , or Article 7.7 (commencing
with Section 53859)  of Chapter 4  ,   of
 Part 1  ,   of  Division 2  ,
  of  Title 5 of the Government Code. 
  SECTION 1.    Section 14669.16 is added to the
Government Code, to read:
   14669.16.  (a) Notwithstanding any other law, the Director of
General Services, with the consent of the State Board of
Equalization, may enter into a lease, lease-purchase agreement, or a
lease with an option to purchase for a build-to-suit facility, for
the relocation of the State Board of Equalization in the Sacramento
region. The director may enter into one or more agreements or leases
for the purposes of providing usable office and related space in the
Sacramento region in order to consolidate various departments of the
State Board of Equalization into a single location.
   (b) (1) The Department of General Services shall develop the terms
and conditions of the agreements or leases authorized by this
section, and provide them to the Department of Finance for review and
approval prior to soliciting bids. The department shall obtain
approval from the Department of Finance prior to execution of any
agreement or lease.
   (2) The department shall notify the chairpersons of the fiscal
committees of the Legislature and the Joint Legislative Budget
Committee, or his or her designee, at least 30 days prior to
executing the agreement for a lease, lease-purchase, or lease with an
option to purchase for a build-to-suit of real property authorized
by this section of both of the following: (A) the terms and
conditions of the agreement or lease; and (B) the department's plan
for replacing the State Board of Equalization's current state-owned
headquarters building with other state tenants. The department may
proceed with the agreement or lease 30 days following the date the
department gave notice to the chairpersons.
   (c) The department shall be reimbursed for any reasonable cost or
expense incurred for the transactions described in this section.