AB 531,
as amended, O'Donnell. begin deleteSchool finance: budget calculations. end deletebegin insertSouthern California Port Congestion Authority.end insert
Existing law prescribes procedures for the formation of port districts and regulates the operation and development of ports in the state, including the operation of port facilities, equipment, and certain sea-going vessels.
end insertbegin insertThis bill would establish the Southern California Port Congestion Authority and would require that the authority be governed by a board consisting of 7 members appointed by the Secretary of Transportation. The bill would authorize the authority to plan, develop, and implement measures and projects necessary to alleviate congestion in the Port of Los Angeles and the Port of Long Beach, as specified. The bill would require each marine terminal operator at the Port of Los Angeles and the Port of Long Beach to report to the authority specified information with respect to traffic at the ports. The bill would also require the authority to hold quarterly public hearings to discuss the results of these reports.
end insertbegin insertTo the extent that the bill would impose new duties upon local government entities, it would impose a state-mandated local program.
end insertbegin insert(2)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.
end insertbegin insertThis 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.
end insertExisting law, unless the school district is granted an exemption, limits the amount of the combined assigned or unassigned ending fund balance contained in a school district’s annual budget in any fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, and establishes a formula for calculating the maximum amount allowable for school districts with less than 400,000 units of average daily attendance, and a formula for school districts with more than 400,000 units of average daily attendance, as specified.
end deleteThis bill would instead make the formula for school districts with less than 400,000 units of average daily attendance applicable to school districts with 400,000 units of average daily attendance or less. The bill would specify that the limitation on the combined assigned or unassigned ending fund balance does not apply to moneys in a committed fund balance, as defined. The bill would also make a technical change by deleting an obsolete provision. To the extent the bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertPart 2.5 (commencing with Section 1780) is added
2to Division 6 of the end insertbegin insertHarbors and Navigation Codeend insertbegin insert, to read:end insert
3
For the purposes of this part, the following terms have
8the following meanings:
9
(a) “Agency” means the Transportation Agency.
10
(b) “Authority” means the Southern California Port Congestion
11Authority, established pursuant to subdivision (a) of Section 1781.
12
(c) “Board” means the governing board of the authority.
13
(d) “Commercial motor vehicle” means a vehicle defined in
14subdivision (b) of Section 15210 of the Vehicle Code.
15
(e) “Secretary” means the Secretary of
Transportation.
(a) The Southern California Port Congestion Authority
17is hereby established.
18
(b) The authority shall be governed by a board consisting of
19the following seven members, appointed by and serving for
20indefinite terms at the pleasure of the secretary:
21
(1) One member representing the Port of Los Angeles.
22
(2) One member representing the Port of Long Beach.
23
(3) One member representing longshore workers at the Port of
24Los Angeles and the Port of Long Beach.
25
(4) One member of the Los Angeles City
Council.
26
(5) One member of the Long Beach City Council.
27
(6) One member representing commercial truck drivers at the
28Port of Los Angeles and the Port of Long Beach.
29
(7) One member representing a community or neighborhood
30organization at, or adjacent to, either the Port of Los Angeles or
31the Port of Long Beach.
32
(c) Vacancies to the board shall be filled by the secretary.
33
(d) The geographic jurisdiction of the authority is limited to the
34Port of Los Angeles and the Port of Long Beach.
The authority has the power to plan, develop, and
36implement projects and measures necessary to alleviate congestion
37in the Port of Los Angeles and the Port of Long Beach, including,
38but not limited to, regulating hours by access to the ports by
P4 1commercial motor vehicles, establishing maximum fees that may
2be charged by marine terminal operators for cargo movement at
3the ports, and implementing other measures directed at reducing
4congestion, improving traffic flow, regulating the scheduling of
5shipments during other than normal business hours, repairing,
6improving, and expanding port infrastructure, and reducing air
7pollution at the ports caused by commercial motor vehicle traffic.
Each marine terminal operator at the Port of Los Angeles
9and the Port of Long Beach shall report both of the following to
10the authority on a quarterly basis:
11
(a) The average turn times for each hour of daytime operation
12and each hour of off-peak operation.
13
(b) The percentage of truck traffic at each terminal during
14daytime operations and during off-peak operations.
The authority shall hold quarterly public hearings to
16report and discuss the results of the reports from the marine
17terminal operators submitted pursuant to Section 1783.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
Section 42127.01 of the Education Code is
24amended to read:
(a) In a fiscal year immediately after a fiscal year
26in which a transfer is made into the Public School System
27Stabilization Account, a school district budget that is adopted or
28revised pursuant to Section 42127 shall not contain a combined
29assigned or unassigned ending fund balance that is in excess of
30the following:
31(1) For school districts with 400,000 or fewer units of average
32daily attendance, the sum of the school district’s applicable
33minimum recommended reserve for economic uncertainties adopted
34by the state board pursuant to subdivision (a) of Section 33128,
35multiplied by two.
36(2) For school districts with more
than 400,000 units of average
37daily attendance, the sum of the school district’s applicable
38minimum recommended reserve for economic uncertainties adopted
39by the state board pursuant to subdivision (a) of Section 33128,
40multiplied by three.
P5 1(b) The limitation in subdivision (a) shall not apply to moneys
2in a committed fund balance, as defined in the California School
3Accounting Manual. Nothing in this section shall be interpreted
4to mean that the governing board of a school district may not, in
5a subsequent year, redirect moneys in a committed fund balance
6to an alternative purpose.
7(c) A county superintendent of schools may grant a school
8district under its jurisdiction an exemption from the requirements
9of subdivision (a) for up to two consecutive fiscal years
within a
10three-year period if the school district provides documentation
11indicating that extraordinary fiscal circumstances, including, but
12not limited to, multiyear infrastructure or technology projects,
13substantiate the need for a combined assigned or unassigned ending
14fund balance that is in excess of the minimum recommended
15reserve for economic uncertainties. As a condition of receiving an
16exception, a school district shall do all of the following:
17(1) Provide a statement that substantiates the need for an
18assigned and unassigned ending fund balance that is in excess of
19the minimum recommended reserve for economic uncertainties.
20(2) Identify the funding amounts in the budget adopted by the
21school district that are associated with the extraordinary fiscal
22circumstances.
23(3) Provide documentation that no other fiscal resources are
24available to fund the extraordinary fiscal circumstances.
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
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