Amended in Assembly May 11, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 738


Introduced by Assembly Member Beth Gaines

February 25, 2015


An act to amend Sections 102025, 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 amended, 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 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 provide procedures for detachment of territory within the district by a specified supermajority vote of the district boardbegin insert and a majority vote of the governing body of the territory proposed to be detachedend insert.

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 102025 of the Public Utilities Code is
2amended to read:

3

102025.  

“Member entity” means a city or county that is within
4the boundaries of the district as defined in Section 102052.5.

5

SEC. 2.  

Section 102052.5 of the Public Utilities Code is
6repealed.

7

SEC. 3.  

Section 102052.5 is added to the Public Utilities Code,
8to read:

9

102052.5.  

(a) The boundaries of the district shall include (1)
10the City of Sacramento and the City of Rancho Cordova; (2) the
11unincorporated territory of the County of Sacramento that is within
12the urban service area, as determined by the Board of Supervisors;
13(3) a city or county listed in Section 102051 that has annexed to
14the district pursuant to the process specified in Section 102055;
15and (4) a city incorporated on or after January 1, 2016, which city
16consists entirely of territory that was included in the district prior
17to the city’s incorporation.

18(b) (1) The boundaries of the district shall not be affected by
19the incorporation of any territory wholly or partly within the
20boundaries of the district or by reason of annexation to or
21detachment from any city or territory wholly or partly within the
22boundaries of the district, except as provided in this section.

23(2) Where territory outside the district is annexed to any city
24included in the district, that territory shall, upon the completion
P3    1of the annexation proceeding, be deemed incorporated into and
2annexed to the district.

3(3) Where territory is incorporated as a new city, on or after
4January 1, 2016, and is partly within and partly outside the district,
5the entire territory shall, upon completion of the incorporation
6proceeding, be deemed incorporated into and annexed to the
7district.

8(c) Whenever territory is deemed incorporated into and annexed
9to the district pursuant to this section, that territory shall be subject
10to taxation, in accordance with the assessable valuation of the
11 property in that territory for general district purposes and for
12payment of any indebtedness previously or thereafter incurred by
13the district.

14

SEC. 4.  

Section 102053 of the Public Utilities Code is amended
15to read:

16

102053.  

The district may operate and exercise the powers under
17this part within any city, provided that the district shall have no
18power to levy an ad valorem property tax within the boundaries
19of any city that is not within the boundaries of the district as
20defined in Section 102052.5.

21

SEC. 5.  

Section 102054 of the Public Utilities Code is amended
22to read:

23

102054.  

The district may operate and exercise the powers under
24this part within all or a part of the unincorporated area of any
25county, provided that the district shall have no power to levy an
26ad valorem property tax within the unincorporated area that is not
27within the boundaries of the district as defined in Section 102052.5.

28

SEC. 6.  

Section 102055 of the Public Utilities Code is repealed.

29

SEC. 7.  

Section 102055 is added to the Public Utilities Code,
30to read:

31

102055.  

(a) Any city or county listed in Section 102051 may
32be annexed to the district in the manner provided in this section.

33(b) The legislative body of the city or county proposed to be
34annexed shall agree in writing with the board of directors upon
35the terms and conditions of annexation, which agreement, among
36other things, may provide for the levy and collection of special
37taxes within the city or unincorporated area of the county in
38addition to the taxes otherwise provided for in this part; the fixing
39of rates, rentals, and charges differing from those fixed or existing
40elsewhere within the district; the incurring or assumption of
P4    1indebtedness; the making of a payment or payments; or the transfer
2of property, real and personal, and other assets to the district by
3the city or county.

4

SEC. 8.  

Section 102056 is added to the Public Utilities Code,
5to read:

6

102056.  

(a) Territory within the district may be detached from
7the district by a supermajority vote of the board of directors, which
8shall be at least 80 percent of the nonweighted vote of the existing
9board,begin insert and by a majority vote of the governing body of the territory
10proposed to be detached,end insert
provided that the detached territory shall
11not be relieved from liability for taxation for the payment of any
12bonded indebtedness existing at the time of detachment, and
13provided that all other pending legal and financial obligations have
14been resolved by mutual agreement.

15(b) The detachment of territory from the district shall become
16effective upon giving of the notice required in Section 57204 of
17the Government Code.

18(c) Notice of the detachment of territory from the district shall
19 be given to each assessor whose roll is used for a tax levy made
20pursuant to this part and to the State Board of Equalization pursuant
21to Chapter 8 (commencing with Section 54900) of Part 1 of
22Division 2 of Title 5 of the Government Code.



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