Amended in Senate May 1, 2014

Amended in Senate March 24, 2014

Senate BillNo. 1037


Introduced by Senator Hernandez

February 18, 2014


An act to amend Section 130350.6 of the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1037, as amended, Hernandez. Los Angeles County Metropolitan Transportation Authority: transactions and use tax.

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.

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 Rbegin insert and to develop a transparent process to determine the most recent cost estimates for those projects and programsend insert. The bill would also require the MTA to include the updated expenditure plan in the Long Range Transportation Plan. The bill wouldbegin delete alsoend delete 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 tobegin insert theend insert MTA for inclusion in the Long Range Transportation Plan.

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

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

P2    1

SECTION 1.  

Section 130350.6 of the Public Utilities Code is
2amended to read:

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
27derived from the tax. This new expenditure plan shall identify the
28years in which the MTA anticipates net revenues derived from the
29tax will be available to each project or program in the new
30expenditure plan.

31(b) The MTA may incur bonded indebtedness payable from the
32proceeds of the tax authorized by this section pursuant to the bond
33issuance provisions of this chapter, and any successor act.

P3    1(c) Proceeds from the tax authorized by this section, including
2proceeds from bonds issued pursuant to subdivision (b), after
3payment of the bonded indebtedness, shall be used to accelerate
4the completion of the projects and programs identified in
5subparagraphs (A) and (B) of paragraph (3) of subdivision (b) of
6Section 130350.5, for the expenditure plan adopted by the MTA
7board on July 24, 2008, and for operations pursuant to paragraph
8(3) of subdivision (b) of Section 130350.5.

9(d) Upon completion of the projects and programs identified in
10subparagraphs (A) and (B) of paragraph (3) of subdivision (b) of
11Section 130350.5 and the expenditure plan adopted by the MTA
12board on July 24, 2008, any funds remaining from the bonds
13described in subdivision (b) and any funds remaining from the
14proceeds of the tax authorized by this section, after payment of
15the bonded indebtedness, shall be expended by the MTA on
16projects and programs in the Long Range Transportation Plan or
17its successor plans, and for operations pursuant to paragraph (3)
18of subdivision (b) of Section 130350.5.

19(e) To the extent that the MTA deems it necessary to accelerate
20the completion of a project or program in a new expenditure plan
21adopted pursuant to this section, the MTA shall expend funds
22derived from the sales tax authorized by Section 130350.5
23according to the schedule described in the new expenditure plan
24adopted pursuant to this section. The MTA shall make this
25determination by a majority vote of the MTA board.

26(f) (1) Prior to submitting the ordinance described in subdivision
27(a) to the voters, the MTA shall amend the expenditure plan
28adopted pursuant to subdivision (f) of Section 130350.5. The
29amended plan shall update all of the following for the projects and
30programs listed in subparagraphs (A) and (B) of paragraph (3) of
31subdivision (b) of Section 130350.5:

32(A) Thebegin delete identification of the specific program or source of the
33non-Measure R fundsend delete
begin insert most recent cost estimates for each project
34and programend insert
identified in the amended plan.

35(B) The identification of the accelerated cost, if applicable, for
36each project and program in the amended plan.

37(C) The schedule during which the MTA anticipates funds will
38be available for each project and program.

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

begin insert

P4    1(2) The MTA shall develop a transparent process to determine
2the most recent cost estimates for each project and program
3identified in the amended plan.

end insert
begin delete

4(2)

end delete

5begin insert(3)end insert The expenditure plan, as amended, shall also be included in
6the revised and updated Long Range Transportation Plan prior to
7submitting the ordinance described in subdivision (a) to the voters.
8The revised and updated Long Range Transportation Plan shall
9also include capital projects and capital programs that are adopted
10by each subregion that are submitted to the MTA for inclusion in
11the revised Long Range Transportation Plan.begin insert Inclusion of a capital
12project or a capital program in the Long Range Transportation
13Plan is not a commitment or guarantee that the project or program
14shall receive any future funding.end insert
As used in this paragraph,
15“subregion” shall have the meaning as defined in the Long Range
16 Transportation Plan in effect as of January 1, 2008.



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