BILL NUMBER: AB 738 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 11, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
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 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 1. Section 102025 of the Public Utilities Code is amended
to read:
102025. "Member entity" means a city or county that is within the
boundaries of the district as defined in Section 102052.5.
SEC. 2. Section 102052.5 of the Public Utilities Code is repealed.
SEC. 3. 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; Supervisors, and not otherwise divided
from the rest of the unincorporated territory that is within the
urban service area by an incorporated city not previously described
in this subdivision; (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.
(4) Where territory that is within the boundaries of the district
is annexed to any city that is not a member entity, that territory
shall remain part of the district unless, at the time of annexation,
(A) no transit service is operated by the district within the annexed
territory or within one-half mile of any outside boundary of the
annexed territory and (B) no transit service is planned by the
district, as evidenced by the district's adopted short-range transit
plan, for the annexed territory or within one-half mile of any
outside boundary of the annexed territory within five years of the
annexation, in which case that territory may be detached from the
district if the Sacramento County Local Agency Formation Commission
determines, during the annexation proceedings, that the area would be
better served by the annexing city than the district. The detachment
may be accomplished without proceeding with the detachment process
in Section 102056.
(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. 4. 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 that is not within the boundaries of the district as defined in
Section 102052.5.
SEC. 5. 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 unincorporated area of any
county, provided that the district shall have no power to levy an ad
valorem property tax within the unincorporated area that is not
within the boundaries of the district as defined in Section 102052.5.
SEC. 6. Section 102055 of the Public Utilities Code is repealed.
SEC. 7. 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.
(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. 8. 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, and by a majority vote of the governing body of the territory
proposed to be detached, 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.