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. 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, 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:
Chapter 2.55 (commencing with Section 65087)
2is added to Division 1 of Title 7 of the Government Code, to read:
3
(a) (1) 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 withinbegin delete all or a portion ofend delete its jurisdiction for the purpose of
13achieving the goals of the sustainable communities strategy
14required pursuant to paragraph (2) of subdivision (b) of Section
1565080 at a rate of no more than 0.5 percent.
16 (2) Notwithstanding any other law, this transactions and use tax
17may be imposed even if the combined
rate of this tax and all taxes
18imposed in accordance with Part 1.6 (commencing with Section
197251) of the Revenue and Taxation Code, exceed the limit
20established in Section 7251.1 of the Revenue and Taxation Code.
P3 1(b) A transportation planning agency that includes territory of
2more than onebegin delete county, or portions of a county,end deletebegin insert countyend insert may elect
3to exclude one or more counties from the transactions and use tax
4ordinance.
5(c) As part of the ordinance under Section 65087.1, the
6transportation planning agency shall adopt an expenditure plan for
7the net revenues to be generated by the transactions and use tax.
8The expenditure plan shall include funding for transportation,
9affordable housing, and parks
and open space in conformity with
10the sustainable communities strategy for the region and its
11priorities. Not less than 25 percent of available net revenues shall
12be allocated under the expenditure plan to each of these three
13categories. Available net revenues not used for these purposes
14shall be available for purposes determined by the transportation
15planning agency to assist in attaining the goals of the sustainable
16communities strategy adopted for the region.
To impose the transactions and use tax authorized
18under this chapter, all of the following shall be required:
19(a) An ordinance proposing the tax and the expenditure plan
20and submitting the tax and expenditure plan to the voters for
21approval shall be approved bybegin delete a majorityend deletebegin insert two-thirdsend insert of the
22governing board of the transportation planning agency.
23(b) The voters within the jurisdiction of the transportation
24planning agency, or a portion of that jurisdiction pursuant to
25subdivision (b) of Section 65087, approve the
ballot measure
26pursuant to Section 65087.2. For purposes of voter approval, the
27ordinance will be approved if the requisite number of voters from
28all areas cumulatively voting on the measure approve the ordinance
29in accordance with Article XIII C of the California Constitution.
30(c) With the exception of Section 7251.1 of the Revenue and
31Taxation Code, the transaction and use tax is levied in accordance
32with the Transaction and Use Tax Law (Part 1.6 (commencing
33with Section 7251) of the Revenue and Tax Code).
The transportation planning agency may call a special
35election for the purposes of submitting the ordinance containing
36the tax and the expenditure plan to the voters within the jurisdiction
37of the transportation planning agency, or a portion of that
38jurisdiction 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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