AB 431, as amended, Mullin. 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 organizationsbegin delete to adoptend delete. Existing law requires metropolitan planning organizationsbegin insert to adoptend insert, 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.
Existing law authorizes various local governmental entities, subject to certain limitations and approval requirements, to levy a transactions and use tax for specified purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed under that law in the county may not exceed 2%.
end insertThis bill would authorize a transportation planning agency that is designated as a metropolitan planning organization to impose a transactions and usebegin delete tax within all or a specified portion of its jurisdiction upon approval of an ordinance and subject to voter approvalend deletebegin insert tax, as specified, at a rate of no more than 0.5% even if the combined rate
of this tax and other specified taxes imposed in the county, exceeds, if certain requirements are metend insert. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 2.55 (commencing with Section 65087)
2is added to Division 1 of Title 7 of the Government Code, to read:
3
(a) begin insert(1)end insertbegin insert end insert A transportation planning agency that is
8designated as a metropolitan planning organization pursuant to
9Section 134 of Title 23 of the United States Code may, subject to
10approval of an ordinance pursuant to Section 65087.1 and voter
11approval pursuant to Section 65087.2, impose a transactions and
12use tax within all or a portion of its jurisdiction for the purpose of
13achieving the goals of the sustainable communities strategy
14required pursuant to paragraph (2) of subdivision (b) of Section
1565080begin insert
at a rate of no more than 0.5 percentend insert.
16 (2) Notwithstanding any other law, this transactions and use
17tax may be imposed even if the combined rate of this tax and all
18taxes imposed in accordance with Part 1.6 (commencing with
P3 1Section 7251) of the Revenue and Taxation Code, exceed the limit
2established in Section 7251.1 of the Revenue and Taxation Code
3(b) A transportation planning agency that includes territory of
4more than one county, or portions of a county, may elect to exclude
5one or more counties from the transactions and use tax ordinance.
6(c) As part of the ordinance under Section 65087.1, the
7transportation planning agency
shall adopt an expenditure plan for
8the net revenues to be generated by the transactions and use tax.
9The expenditure plan shall include funding for transportation,
10affordable housing, and parks and open space in conformity with
11the sustainable communities strategy for the region and its
12priorities. Not less than 25 percent of available net revenues shall
13be allocated under the expenditure plan to each of these three
14categories. Available net revenues not used for these purposes
15shall be available for purposes determined by the transportation
16planning agency to assist in attaining the goals of the sustainable
17communities strategy adopted for the region.
To impose the transactions and use tax authorized
19under this chapter,begin delete bothend deletebegin insert allend insert of the following shall be required:
20(a) An ordinance proposing the tax and the expenditure plan
21and submitting the tax and expenditure plan to the voters for
22approval shall be approved by a majority of the governing board
23of the transportation planning agency.
24(b) The voters within the jurisdiction of the transportation
25planning agency, or a portion of that jurisdiction pursuant to
26subdivision
(b) of Section 65087, approve the ballot measure
27pursuant to Section 65087.2. For purposes of voter approval, the
28ordinance will be approved if the requisite number of voters from
29all areas cumulatively voting on the measure approve the ordinance
30begin insert in accordance with Article XIIIend insertbegin insert end insertbegin insertC of the California Constitutionend insert.
31(c) With the exception of Section 7251.1 of the Revenue and
32Taxation Code, the transaction and use tax is levied in accordance
33with the Transaction and Use Tax Law (Part 1.6 (commencing
34with Section 7251) of the Revenue and Tax Code).
The transportation planning agency may call a special
36election for the purposes of submitting the ordinance containing
37the tax and the expenditure plan to the voters within the jurisdiction
38of the transportation planning agency, or a portion of that
39jurisdiction pursuant to subdivision (b) of Section 65087. The
P4 1election shall be consolidated with a statewide primary or general
2election specified by the transportation planning agency.
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