Amended in Assembly March 5, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 431

Introduced by Assembly Member Mullin

February 15, 2013

An act to begin delete amend Section 66631 of end delete begin insert add Chapter 2.55 (commencing with Section 65087) to Division 1 of Title 7 of end insert the Government Code, relating to regional planning.

LEGISLATIVE COUNSEL’S DIGEST

AB 431, as amended, Mullin. begin delete San Francisco Bay Conservation and Development Commission: San Francisco Bay Plan: review. end delete begin insert Regional transportation plan: sustainable communities strategy: funding. end insert

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Existing law requires certain transportation planning activities by designated transportation planning agencies, including development of a regional transportation plan. Certain of these agencies are designated by federal law as metropolitan planning organizations to adopt. Existing law requires metropolitan planning organizations, as part of the regional transportation plan in urban areas, a sustainable communities strategy, which is to be designed to achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region.

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This bill would authorize a transportation planning agency that is designated as a metropolitan planning organization to impose a transactions and use tax within all or a specified portion of its jurisdiction upon approval of an ordinance and subject to voter approval. The bill would require the ordinance to contain an expenditure plan, with not less than 25% of available net revenues to be spent on each of the 3 categories of transportation, affordable housing, and parks and open space, in conformity with the sustainable communities strategy, with the remaining net available revenues to be spent for purposes determined by the transportation planning agency to help attain the goals of the sustainable communities strategy.

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Existing law creates the San Francisco Bay Conservation and Development Commission and requires the commission to make a continuing review of the San Francisco Bay Plan, which is a comprehensive and enforceable plan for the conservation of the water in the San Francisco Bay and the development of its shoreline. Existing law requires the commission, in making the review, to coordinate its planning with planning by local agencies and, to avoid duplication of work, to make maximum use of data and information available from various planning programs such as the State Office of Planning and Research and the San Francisco Bay Regional Water Quality Control Board.

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The Metropolitan Transportation Commission Act creates the Metropolitan Transportation Commission as a regional agency in the 9-county San Francisco Bay Area with comprehensive regional transportation planning and other related responsibilities.

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This bill would require the commission to also make maximum use of data and information available from the planning programs of the Metropolitan Transportation Commission.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Chapter 2.55 (commencing with Section 65087)
is added to Division 1 of Title 7 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 2.55. end insert Sustainable Communities Strategy
Transactions and Use Tax

 

begin insert 65087. end insert   

(a) A transportation planning agency that is designated
as a metropolitan planning organization pursuant to Section 134
of Title 23 of the United States Code may, subject to approval of
an ordinance pursuant to Section 65087.1 and voter approval
pursuant to Section 65087.2, impose a transactions and use tax
within all or a portion of its jurisdiction for the purpose of
achieving the goals of the sustainable communities strategy
required pursuant to paragraph (2) of subdivision (b) of Section
65080.

(b) A transportation planning agency that includes territory of
more than one county, or portions of a county, may elect to exclude
one or more counties from the transactions and use tax ordinance.

(c) As part of the ordinance under Section 65087.1, the
transportation planning agency shall adopt an expenditure plan
for the net revenues to be generated by the transactions and use
tax. The expenditure plan shall include funding for transportation,
affordable housing, and parks and open space in conformity with
the sustainable communities strategy for the region and its
priorities. Not less than 25 percent of available net revenues shall
be allocated under the expenditure plan to each of these three
categories. Available net revenues not used for these purposes
shall be available for purposes determined by the transportation
planning agency to assist in attaining the goals of the sustainable
communities strategy adopted for the region.

begin insert 65087.1. end insert   

To impose the transactions and use tax authorized
under this chapter, both of the following shall be required:

(a) An ordinance proposing the tax and the expenditure plan
and submitting the tax and expenditure plan to the voters for
approval shall be approved by a majority of the governing board
of the transportation planning agency.

(b) The voters within the jurisdiction of the transportation
planning agency, or a portion of that jurisdiction pursuant to
subdivision (b) of Section 65087, approve the ballot measure
pursuant to Section 65087.2. For purposes of voter approval, the
ordinance will be approved if the requisite number of voters from
all areas cumulatively voting on the measure approve the
ordinance.

begin insert 65087.2. end insert   

The transportation planning agency may call a special
election for the purposes of submitting the ordinance containing
the tax and the expenditure plan to the voters within the jurisdiction
of the transportation planning agency, or a portion of that
jurisdiction pursuant to subdivision (b) of Section 65087. The
election shall be consolidated with a statewide primary or general
election specified by the transportation planning agency.

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SECTION 1.  

Section 66631 of the Government Code is
amended to read:

66631.  

In making the review, the commission shall cooperate
to the fullest extent possible with the Association of Bay Area
Governments; and shall, to the fullest extent possible, coordinate
its planning with planning by local agencies, which shall retain
the responsibility for local land use planning. To avoid duplication
of work, the commission shall make maximum use of data and
information available from the planning programs of the State
Office of Planning and Research, the Association of Bay Area
Governments, the San Francisco Bay Regional Water Quality
Control Board, the Metropolitan Transportation Commission, the
cities and counties in the San Francisco Bay area, and other public
and private planning agencies.

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