BILL NUMBER: AB 431 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 5, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 15, 2013
An act to amend Section 66631 of add
Chapter 2.55 (commencing with Section 65087) to Division 1 of Title 7
of the Government Code, relating to regional planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 431, as amended, Mullin. San Francisco Bay
Conservation and Development Commission: San Francisco Bay Plan:
review. Regional transportation plan: sustainable
communities strategy: funding.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.55 (commencing with Section
65087) is added to Division 1 of Title 7 of the Government
Code , to read:
CHAPTER 2.55. SUSTAINABLE COMMUNITIES STRATEGY TRANSACTIONS
AND USE TAX
65087. (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.
65087.1. 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.
65087.2. 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.
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.