BILL NUMBER: AB 531	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2016
	AMENDED IN SENATE  JUNE 9, 2015
	AMENDED IN ASSEMBLY  APRIL 21, 2015

INTRODUCED BY   Assembly Member O'Donnell
   (Coauthors: Assembly Members Gray and Quirk)

                        FEBRUARY 23, 2015

   An act to  amend Section 42127.01 of the Education Code,
relating to school finance.   add Part 2.5 (commencing
with Section 1780) to Division 6 of the Harbors and Navigation Code,
relating to ports. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 531, as amended, O'Donnell.  School finance: budget
calculations.   Southern California Port Congestion
Authority.  
   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.  
   This 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.  
    To the extent that the bill would impose new duties upon local
government entities, it would impose a state-mandated local program.
 
   (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.  
   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.  
   Existing 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. 
   This 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.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Part 2.5 (commencing with Section 1780)
is added to Division 6 of the   Harbors and Navigation Code
  , to read:  

      PART 2.5.  SOUTHERN CALIFORNIA PORT CONGESTION AUTHORITY


   1780.  For the purposes of this part, the following terms have the
following meanings:
   (a) "Agency" means the Transportation Agency.
   (b) "Authority" means the Southern California Port Congestion
Authority, established pursuant to subdivision (a) of Section 1781.
   (c) "Board" means the governing board of the authority.
   (d) "Commercial motor vehicle" means a vehicle defined in
subdivision (b) of Section 15210 of the Vehicle Code.
   (e) "Secretary" means the Secretary of Transportation.
   1781.  (a) The Southern California Port Congestion Authority is
hereby established.
   (b) The authority shall be governed by a board consisting of the
following seven members, appointed by and serving for indefinite
terms at the pleasure of the secretary:
   (1) One member representing the Port of Los Angeles.
   (2) One member representing the Port of Long Beach.
   (3) One member representing longshore workers at the Port of Los
Angeles and the Port of Long Beach.
   (4) One member of the Los Angeles City Council.
   (5) One member of the Long Beach City Council.
   (6) One member representing commercial truck drivers at the Port
of Los Angeles and the Port of Long Beach.
   (7) One member representing a community or neighborhood
organization at, or adjacent to, either the Port of Los Angeles or
the Port of Long Beach.
   (c) Vacancies to the board shall be filled by the secretary.
   (d) The geographic jurisdiction of the authority is limited to the
Port of Los Angeles and the Port of Long Beach.
   1782.  The authority has the power to plan, develop, and implement
projects and measures necessary to alleviate congestion in the Port
of Los Angeles and the Port of Long Beach, including, but not limited
to, regulating hours by access to the ports by commercial motor
vehicles, establishing maximum fees that may be charged by marine
terminal operators for cargo movement at the ports, and implementing
other measures directed at reducing congestion, improving traffic
flow, regulating the scheduling of shipments during other than normal
business hours, repairing, improving, and expanding port
infrastructure, and reducing air pollution at the ports caused by
commercial motor vehicle traffic.
   1783.  Each marine terminal operator at the Port of Los Angeles
and the Port of Long Beach shall report both of the following to the
authority on a quarterly basis:
   (a) The average turn times for each hour of daytime operation and
each hour of off-peak operation.
   (b) The percentage of truck traffic at each terminal during
daytime operations and during off-peak operations.
   1784.   The authority shall hold quarterly public hearings to
report and discuss the results of the reports from the marine
terminal operators submitted pursuant to Section 1783. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 42127.01 of the Education
Code is amended to read:
   42127.01.  (a) In a fiscal year immediately after a fiscal year in
which a transfer is made into the Public School System Stabilization
Account, a school district budget that is adopted or revised
pursuant to Section 42127 shall not contain a combined assigned or
unassigned ending fund balance that is in excess of the following:
   (1) For school districts with 400,000 or fewer units of average
daily attendance, the sum of the school district's applicable minimum
recommended reserve for economic uncertainties adopted by the state
board pursuant to subdivision (a) of Section 33128, multiplied by
two.
   (2) For school districts with more than 400,000 units of average
daily attendance, the sum of the school district's applicable minimum
recommended reserve for economic uncertainties adopted by the state
board pursuant to subdivision (a) of Section 33128, multiplied by
three.
   (b) The limitation in subdivision (a) shall not apply to moneys in
a committed fund balance, as defined in the California School
Accounting Manual. Nothing in this section shall be interpreted to
mean that the governing board of a school district may not, in a
subsequent year, redirect moneys in a committed fund balance to an
alternative purpose.
   (c) A county superintendent of schools may grant a school district
under its jurisdiction an exemption from the requirements of
subdivision (a) for up to two consecutive fiscal years within a
three-year period if the school district provides documentation
indicating that extraordinary fiscal circumstances, including, but
not limited to, multiyear infrastructure or technology projects,
substantiate the need for a combined assigned or unassigned ending
fund balance that is in excess of the minimum recommended reserve for
economic uncertainties. As a condition of receiving an exception, a
school district shall do all of the following:
   (1) Provide a statement that substantiates the need for an
assigned and unassigned ending fund balance that is in excess of the
minimum recommended reserve for economic uncertainties.
   (2) Identify the funding amounts in the budget adopted by the
school district that are associated with the extraordinary fiscal
circumstances.
   (3) Provide documentation that no other fiscal resources are
available to fund the extraordinary fiscal circumstances. 

  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.