BILL NUMBER: AB 738 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Beth Gaines
FEBRUARY 25, 2015
An act to amend Sections 102053 and 102054 of, to add Section
102056 to, and to repeal and add Sections 102052.5 and 102055 of, the
Public Utilities Code, relating to public transit.
LEGISLATIVE COUNSEL'S DIGEST
AB 738, as introduced, Beth Gaines. Sacramento Regional Transit
District.
Existing law provides for the creation of the Sacramento Regional
Transit District, with specified powers and duties relative to the
provision of public transit services. Existing law describes the
authorized boundaries of the district, as specified, and provides
that the boundaries of the district, at any point in time, shall
consist of the area of any city or county within the authorized
boundaries where the governing board of the city or county has
declared a need for the district to operate. Existing law authorizes
the district to operate in any city or county where the need for the
district to operate has been declared, except that the district has
no power to levy an ad valorem property tax unless a city or county
adopts a specified resolution. Existing law also provides for a city
or county to annex to the district through a written request to the
district and approval by the Sacramento Area Council of Governments.
This bill would revise and recast these provisions. The bill would
provide that the boundaries of the district, at any point in time,
shall consist of specified areas, including a city or county that has
acted to annex to the district, and a city incorporated on or after
January 1, 2016, if the newly incorporated city consists of territory
that was included in the district prior to incorporation. The bill
would require an annexation to be subject to an agreement between the
annexing city or county and the district board specifying the terms
and conditions of annexation, and would delete the requirement for
approval of annexation by the Sacramento Area Council of Governments.
The bill would also provide procedures for detachment of territory
within the district by a specified supermajority vote of the district
board.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 102052.5 of the Public Utilities Code is
repealed.
102052.5. The boundaries of the district, at any point in time,
shall include (a) all the area of any city eligible to participate
under Section 102051 or 102055 in which the governing body has
declared a need for the district to operate and (b) that area of any
county eligible to participate under Section 102051 or 102055 within
which the governing body has declared a need for the district to
operate.
SEC. 2. Section 102052.5 is added to the Public Utilities Code, to
read:
102052.5. (a) The boundaries of the district shall include (1)
the City of Sacramento and the City of Rancho Cordova; (2) the
unincorporated territory of the County of Sacramento that is within
the urban service area, as determined by the Board of Supervisors;
(3) a city or county listed in Section 102051 that has annexed to the
district pursuant to the process specified in Section 102055; and
(4) a city incorporated on or after January 1, 2016, which city
consists entirely of territory that was included in the district
prior to the city's incorporation.
(b) (1) The boundaries of the district shall not be affected by
the incorporation of any territory wholly or partly within the
boundaries of the district or by reason of annexation to or
detachment from any city or territory wholly or partly within the
boundaries of the district, except as provided in this section.
(2) Where territory outside the district is annexed to any city
included in the district, that territory shall, upon the completion
of the annexation proceeding, be deemed incorporated into and annexed
to the district.
(3) Where territory is incorporated as a new city, on or after
January 1, 2016, and is partly within and partly outside the
district, the entire territory shall, upon completion of the
incorporation proceeding, be deemed incorporated into and annexed to
the district.
(c) Whenever territory is deemed incorporated into and annexed to
the district pursuant to this section, that territory shall be
subject to taxation, in accordance with the assessable valuation of
the property in that territory for general district purposes and for
payment of any indebtedness previously or thereafter incurred by the
district.
SEC. 3. Section 102053 of the Public Utilities Code is amended to
read:
102053. The district may operate and exercise the powers under
this part within any city, provided that the district shall have no
power to levy an ad valorem property tax within the boundaries of any
city , as provided in Article 7 (commencing with Section
102330) of Chapter 5 of this part, unless the city council of the
city adopts a resolution declaring there is a need for the district
to operate and levy a tax within the boundaries of the city.
that is not within the boundaries of the district as
defined in Section 102052.5.
SEC. 4. Section 102054 of the Public Utilities Code is amended to
read:
102054. The district may operate and exercise the powers under
this part within all or a part of the herein described
unincorporated area of any county. However,
county, provided that the district shall have no
power to levy an ad valorem property tax within any such
the unincorporated area , as provided in
Article 7 (commencing with Section 102330) of Chapter 5 of this
part, unless the board of supervisors of the county adopts a
resolution declaring there is a need for the district to operate and
levy a tax within the unincorporated area of the county or so much of
the unincorporated area as described in the resolution.
that is not within the boundaries of the district as defined in
Section 102052.5.
SEC. 5. Section 102055 of the Public Utilities Code is repealed.
102055. Any city or county may annex to and become a part of the
district upon approval by the board of directors following (1)
written request by that city or county to the district for that
annexation, and (2) approval of that annexation by the Sacramento
Area Council of Governments. Approval of annexation by the board
shall be made by adoption of a resolution to that effect.
SEC. 6. Section 102055 is added to the Public Utilities Code, to
read:
102055. (a) Any city or county listed in Section 102051 may be
annexed to the district in the manner provided in this section, and
if the annexation is successful, the city or county, as the case may
be, shall be entitled to one member on the district's board of
directors.
(b) The legislative body of the city or county proposed to be
annexed shall agree in writing with the board of directors upon the
terms and conditions of annexation, which agreement, among other
things, may provide for the levy and collection of special taxes
within the city or unincorporated area of the county in addition to
the taxes otherwise provided for in this part; the fixing of rates,
rentals, and charges differing from those fixed or existing elsewhere
within the district; the incurring or assumption of indebtedness;
the making of a payment or payments; or the transfer of property,
real and personal, and other assets to the district by the city or
county.
SEC. 7. Section 102056 is added to the Public Utilities Code, to
read:
102056. (a) Territory within the district may be detached from
the district by a supermajority vote of the board of directors, which
shall be at least 80 percent of the nonweighted vote of the existing
board, provided that the detached territory shall not be relieved
from liability for taxation for the payment of any bonded
indebtedness existing at the time of detachment, and provided that
all other pending legal and financial obligations have been resolved
by mutual agreement.
(b) The detachment of territory from the district shall become
effective upon giving of the notice required in Section 57204 of the
Government Code.
(c) Notice of the detachment of territory from the district shall
be given to each assessor whose roll is used for a tax levy made
pursuant to this part and to the State Board of Equalization pursuant
to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2
of Title 5 of the Government Code.