Amended in Senate March 24, 2014

Senate BillNo. 1037


Introduced by Senator Hernandez

February 18, 2014


begin deleteAn act to amend Section 101 of the Streets and Highways Code, relating to highways. end deletebegin insertAn act to amend Section 130350.6 of the Public Utilities Code, relating to transportation.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1037, as amended, Hernandez. begin deleteState highways. end deletebegin insertLos Angeles County Metropolitan Transportation Authority: transactions and use tax.end insert

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Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related purposes pursuant to an adopted expenditure plan and subject to voter approval. Existing law authorizes the MTA to seek voter approval to extend the sales tax pursuant to an amended ordinance, subject to various requirements and voter approval.

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This bill would require the MTA, prior to submitting an amended ordinance to the voters, to amend the expenditure plan previously prepared for the voter-approved Measure R transactions and use tax with respect to certain matters relating to projects and programs to be funded under Measure R. The bill would also require the MTA to include the updated expenditure plan in the Long Range Transportation Plan. The bill would also require the updated Long Range Transportation Plan to include capital projects and capital programs that are adopted by each subregion, as specified, and that are submitted to MTA for inclusion in the Long Range Transportation Plan.

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Existing law provides that the Department of Transportation has full possession and control of the state highway system. Existing law requires the department to keep in repair all objects or markers adjacent to a state highway that have been erected to mark registered historical places and to keep those markers free from vegetation that may obscure them from view.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 130350.6 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

3

130350.6.  

(a) The tax authorized by Section 130350.5 may
4be imposed as set forth in paragraph (3) of subdivision (b) of
5Section 130350.5 in a transactions and use tax ordinance, or an
6amendment of the ordinance approved pursuant to paragraph (1)
7of subdivision (b) of Section 130350.5, that conforms with Chapter
82 (commencing with Section 7261) to Chapter 4 (commencing
9with Section 7275), inclusive, of the Transactions and Use Tax
10Law (Part 1.6 (commencing with Section 7251) of Division 2 of
11the Revenue and Taxation Code), and that is approved by a
12majority of the entire membership of the authority. The tax may
13be imposed pursuant to this section only if the proposing ordinance,
14or amendment thereof, is approved by two-thirds of the voters, in
15the manner as otherwise required by law, voting on this measure,
16in a special or general election and, if so approved, shall become
17operative as provided in Section 130352. The proposing ordinance
18shall specify that the net revenues derived from the tax are to be
19administered by the Los Angeles County Metropolitan
20Transportation Authority (MTA) as provided in this section. Net
21revenues shall be defined as all revenues derived from the tax less
22any refunds, costs of administration by the State Board of
23Equalization, and costs of administration by the MTA. Such costs
24of administration by the MTA shall not exceed 1.5 percent of the
25revenues derived from the tax. The proposing ordinance shall be
26accompanied by a new expenditure plan for the net revenues
P3    1derived from the tax. This new expenditure plan shall identify the
2years in which the MTA anticipates net revenues derived from the
3tax will be available to each project or program in the new
4expenditure plan.

5(b) The MTA may incur bonded indebtedness payable from the
6proceeds of the tax authorized by this section pursuant to the bond
7issuance provisions of this chapter, and any successor act.

8(c) Proceeds from the tax authorized by this section, including
9proceeds from bonds issued pursuant to subdivision (b), after
10payment of the bonded indebtedness, shall be used to accelerate
11the completion of the projects and programs identified in
12subparagraphs (A) and (B) of paragraph (3) of subdivision (b) of
13Section 130350.5, for the expenditure plan adopted by the MTA
14board on July 24, 2008, and for operations pursuant to paragraph
15(3) of subdivision (b) of Section 130350.5.

16(d) Upon completion of the projects and programs identified in
17subparagraphs (A) and (B) of paragraph (3) of subdivision (b) of
18Section 130350.5 and the expenditure plan adopted by the MTA
19board on July 24, 2008, any funds remaining from the bonds
20described in subdivision (b) and any funds remaining from the
21proceeds of the tax authorized by this section, after payment of
22the bonded indebtedness, shall be expended by the MTA on
23projects and programs in the Long Range Transportation Plan or
24its successor plans, and for operations pursuant to paragraph (3)
25of subdivision (b) of Section 130350.5.

26(e) To the extent thatbegin insert theend insert MTA deems it necessary to accelerate
27the completion of a project or program in a new expenditure plan
28adopted pursuant to this section,begin insert theend insert MTA shall expend funds
29derived from the sales tax authorized by Section 130350.5
30according to the schedule described in the new expenditure plan
31adopted pursuant to this section.begin insert Theend insert MTA shall make this
32determination by a majority vote of the MTA board.

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33(f) (1) Prior to submitting the ordinance described in
34subdivision (a) to the voters, the MTA shall amend the expenditure
35plan adopted pursuant to subdivision (f) of Section 130350.5. The
36amended plan shall update all of the following for the projects
37and programs listed in subparagraphs (A) and (B) of paragraph
38(3) of subdivision (b) of Section 130350.5:

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39(A) The identification of the specific program or source of the
40non-Measure R funds identified in the amended plan.

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P4    1(B) The identification of the accelerated cost, if applicable, for
2each project and program in the amended plan.

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3(C) The schedule during which the MTA anticipates funds will
4be available for each project and program.

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5(D) The expected completion dates for each project and
6program.

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7(2) The expenditure plan, as amended, shall also be included
8in the revised and updated Long Range Transportation Plan prior
9to submitting the ordinance described in subdivision (a) to the
10voters. The revised and updated Long Range Transportation Plan
11shall also include capital projects and capital programs that are
12adopted by each subregion that are submitted to the MTA for
13inclusion in the revised Long Range Transportation Plan. As used
14in this paragraph, “subregion” shall have the meaning as defined
15in the Long Range Transportation Plan in effect as of January 1,
162008.

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17

SECTION 1.  

Section 101 of the Streets and Highways Code
18 is amended to read:

19

101.  

(a) The department shall keep in repair all objects or
20markers adjacent to a state highway that have been erected to mark
21registered historical places and shall keep those markers free from
22vegetation that may obscure them from view.

23(b) When the Legislature, by concurrent resolution, has
24designated names for certain districts and state highway bridges,
25and requested the placing of name plaques at the boundaries of
26the districts or on the bridges, the department is authorized to
27expend reasonable sums for those plaques.

28(c) Any major bridge not previously named by the Legislature
29may be named by the Legislature, by concurrent resolution, for a
30serviceman killed in action who was a resident of the county in
31which the bridge is located. The name shall be selected from names
32submitted to the department by veterans associations as defined
33by Section 1260 of the Military and Veterans Code.

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