BILL NUMBER: AB 431 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2013
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.
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:
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,
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, 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 two-thirds
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.