BILL NUMBER: AB 431 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
AMENDED IN ASSEMBLY MARCH 5, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 15, 2013
An act to 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. 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 to adopt , 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%.
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 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 met . 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:
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) (1) 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 at a rate of no more than 0.5 percent .
(2) Notwithstanding any other law, this transactions and use tax
may be imposed even if the combined rate of this tax and all taxes
imposed in accordance with Part 1.6 (commencing with Section 7251) of
the Revenue and Taxation Code, exceed the limit established in
Section 7251.1 of the Revenue and Taxation Code
(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 all 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 in
accordance with Article XIII C of the
California Constitution .
(c) With the exception of Section 7251.1 of the Revenue and
Taxation Code, the transaction and use tax is levied in accordance
with the Transaction and Use Tax Law (Part 1.6 (commencing with
Section 7251) of the Revenue and Tax Code).
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.