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 board and a majority vote of the governing body of the territory proposed to be detached.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 102025 of the Public Utilities Code is
2amended to read:
“Member entity” means a city or county that is within
4the boundaries of the district as defined in Section 102052.5.
Section 102052.5 of the Public Utilities Code is
6repealed.
Section 102052.5 is added to the Public Utilities Code,
8to read:
(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 ofbegin delete Supervisors;end delete
13begin insert Supervisors, and not otherwise divided from the rest of the
14unincorporated territory that is within the urban service area by
15an incorporated city not previously described in this subdivision;end insert
16 (3) a city or county listed in Section 102051 that has annexed to
17the district pursuant to the process specified in Section 102055;
18and (4) a city incorporated on or after January 1,
2016, which city
19consists entirely of territory that was included in the district prior
20to the city’s incorporation.
21(b) (1) The boundaries of the district shall not be affected by
22the incorporation of any territory wholly or partly within the
P3 1boundaries of the district or by reason of annexation to or
2detachment from any city or territory wholly or partly within the
3boundaries of the district, except as provided in this section.
4(2) Where territory outside the district is annexed to any city
5included in the district, that territory shall, upon the completion
6of the annexation proceeding, be deemed incorporated into and
7annexed to the district.
8(3) Where territory is incorporated as a new city, on or after
9January 1, 2016, and is partly within and partly outside the district,
10the entire
territory shall, upon completion of the incorporation
11proceeding, be deemed incorporated into and annexed to the
12district.
13(4) Where territory that is within the boundaries of the district
14is annexed to any city that is not a member entity, that territory
15shall remain part of the district unless, at the time of annexation,
16(A) no transit service is operated by the district within the annexed
17territory or within one-half mile of any outside boundary of the
18annexed territory and (B) no transit service is planned by the
19district, as evidenced by the district’s adopted short-range transit
20plan, for the annexed territory or within one-half mile of any
21outside boundary of the annexed territory within five years of the
22annexation, in which case that territory may be detached from the
23district if the Sacramento County Local Agency Formation
24Commission determines, during
the annexation proceedings, that
25the area would be better served by the annexing city than the
26district. The detachment may be accomplished without proceeding
27with the detachment process in Section 102056.
28(c) Whenever territory is deemed incorporated into and annexed
29to the district pursuant to this section, that territory shall be subject
30to taxation, in accordance with the assessable valuation of the
31property in that territory for general district purposes and for
32payment of any indebtedness previously or thereafter incurred by
33the district.
Section 102053 of the Public Utilities Code is amended
35to read:
The district may operate and exercise the powers under
37this part within any city, provided that the district shall have no
38power to levy an ad valorem property tax within the boundaries
39of any city that is not within the boundaries of the district as
40defined in Section 102052.5.
Section 102054 of the Public Utilities Code is amended
2to read:
The district may operate and exercise the powers under
4this part within all or a part of the unincorporated area of any
5county, provided that the district shall have no power to levy an
6ad valorem property tax within the unincorporated area that is not
7within the boundaries of the district as defined in Section 102052.5.
Section 102055 of the Public Utilities Code is repealed.
Section 102055 is added to the Public Utilities Code,
10to read:
(a) Any city or county listed in Section 102051 may
12be annexed to the district in the manner provided in this section.
13(b) The legislative body of the city or county proposed to be
14annexed shall agree in writing with the board of directors upon
15the terms and conditions of annexation, which agreement, among
16other things, may provide for the levy and collection of special
17taxes within the city or unincorporated area of the county in
18addition to the taxes otherwise provided for in this part; the fixing
19of rates, rentals, and charges differing from those fixed or existing
20elsewhere within the district; the incurring or assumption of
21indebtedness; the making of a payment or payments; or the transfer
22of property, real and personal, and other assets to
the district by
23the city or county.
Section 102056 is added to the Public Utilities Code,
25to read:
(a) Territory within the district may be detached from
27the district by a supermajority vote of the board of directors, which
28shall be at least 80 percent of the nonweighted vote of the existing
29board, and by a majority vote of the governing body of the territory
30proposed to be detached, provided that the detached territory shall
31not be relieved from liability for taxation for the payment of any
32bonded indebtedness existing at the time of detachment, and
33provided that all other pending legal and financial obligations have
34been resolved by mutual agreement.
35(b) The detachment of territory from the district shall become
36effective upon giving of the notice required in Section 57204 of
37the Government Code.
38(c) Notice of the detachment of territory from the district shall
39be given to each assessor whose roll is used for a tax levy made
40pursuant to this part and to the State Board of Equalization pursuant
P5 1to Chapter 8 (commencing with Section 54900) of Part 1 of
2Division 2 of Title 5 of the Government Code.
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