Amended in Senate April 11, 2013

Senate BillNo. 751


Introduced by Senator Yee

February 22, 2013


An actbegin insert to add Section 29540 to the Government Code,end insert relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 751, as amended, Yee. Local planning: metropolitan planning organizations.

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Existing law provides for the designation of transportation planning agencies throughout the state with various powers and duties relative to transportation planning and programming. Existing law provides for the allocation of certain transportation funds, including revenues derived from sales tax in the amount of 14% of the sales in each county, which are deposited in the local transportation fund. Certain transportation planning agencies in urbanized areas are also designated under federal law as metropolitan planning organizations.

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This bill would require a transportation planning agency that is also designated as a metropolitan planning organization to publicly report any action taken, as defined, and the vote or abstention on that action of every member present. By requiring a transportation agency to perform new duties, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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This bill would authorize the district attorney or any interested person to commence an action for the purpose of obtaining a judicial determination that an action taken by a transportation planning agency in violation of the bill is null and void, as specified.

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Existing law establishes various regional agencies for the purpose of addressing planning issues, including transportation planning. Certain of these agencies are designated, pursuant to federal law, as metropolitan planning organizations, and are charged with specified transportation planning duties.

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This bill would declare the intent of the Legislature to enact legislation to ensure transparency in connection with the functioning of metropolitan planning organizations, including, but not limited to, the individual voting records of their members.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

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begin insertSECTION 1.end insert  

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begin insertSection 29540 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

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3

begin insert29540.end insert  

(a) A transportation planning agency designated
4pursuant to Section 29532 or 29532.1 that is also designated as
5the metropolitan planning organization for a region pursuant to
6Section 134 of Title 23 of the United States Code shall publicly
7report any action taken, as defined in Section 54952.6, and the
8vote or abstention on that action of every member present.

9(b) The district attorney or any interested person may commence
10an action pursuant to Section 54960.1 for the purpose of obtaining
11a judicial determination that an action taken by a transportation
12planning agency in violation of subdivision (a) is null and void.

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13begin insert

begin insertSEC. 2.end insert  

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begin insert

If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.

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P3    1

SECTION 1.  

It is the intent of the Legislature to enact legislation
2to ensure transparency in connection with the functioning of
3metropolitan planning organizations, including, but not limited to,
4the individual voting records of their members.

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