Amended in Senate June 1, 2015

Senate BillNo. 767


Introduced by Senator De León

(Principal coauthors: Senators Allen, Hall, Hernandez, Lara,begin delete and Liuend deletebegin insert Liu, and Pavleyend insert)

(Principal coauthors: Assembly Members Bloom, Chau, Holden, Jones-Sawyer, and Nazarian)

February 27, 2015


An act to add Section 130350.7 to the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 767, as amended, De León. Los Angeles County Metropolitan Transportation Authority: transactions and use tax.

Existing law authorizes the Los Angeles County Metropolitan Transportation Authority (MTA) to impose, in addition to any other tax that it is authorized to impose, a transactions and use tax at a rate of 0.5% for the funding of specified transportation-related projects and programs, subject to various requirements, including the adoption of an expenditure plan and voter approval. Existing law authorizes the MTA to seek voter approval to extend the transactions and use tax pursuant to an amended ordinance, subject to various requirements, including adoption of an amended expenditure plan that, among other things, updates certain cost estimates and identifies expected completion dates for projects and programs under the previous expenditure plan, and also requires the amended expenditure plan to be included in an updated long range transportation plan, as specified.

This bill would authorize the MTA to impose an additional transportation transactions and use tax at a rate of 0.5% subject to various requirements, including the adoption of an expenditure plan and voterbegin delete approval.end deletebegin insert approval, as specified.end insert

The Transactions and Use Tax Law limits to 2% the combined rate of all transactions and use taxes imposed in any county, with certain exceptions.

This bill would exempt the transactions and use tax authorized by the bill from this limitation.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 130350.7 is added to the Public Utilities
2Code
, to read:

3

130350.7.  

(a) The Los Angeles County Metropolitan
4Transportation Authority (MTA), in addition to any other tax it is
5authorized to impose or has imposed, may impose a transactions
6and use tax at the rate of 0.5 percent, for a period to be determined
7by the MTA, that is applicable in the incorporated and
8unincorporated areas of Los Angeles County.

9(b) The ordinance imposing the tax shall contain all of the
10following:

11(1) An expenditure plan that lists the transportation projects and
12programs to be funded from net revenues from the tax. The
13expenditure plan shall appear in the ordinance as an exhibit.begin insert The
14expenditure plan shall include all of the following:end insert

begin insert

15(A) The most recent cost estimates for each project and program
16identified in the expenditure plan.

end insert
begin insert

17(B) The identification of the accelerated cost, if applicable, for
18each project and program in the expenditure plan.

end insert
begin insert

19(C) The approximate schedule during which the MTA anticipates
20funds will be available for each project and program.

end insert
begin insert

21(D) The expected completion dates for each project and program
22within a three-year range.

end insert

23(2) Provisions conforming to the Transactions and Use Tax Law
24(Part 1.6 (commencing with Section 7251) of Division 2 of the
25Revenue and Taxation Code), except as otherwise provided in
26subdivision (f).

P3    1(3) A provision limiting the MTA’s costs of administering the
2ordinance and the net revenues from the tax to 1.5 percent of the
3total tax revenues.

4(4) A requirement that the net revenues from the tax, defined
5to mean the total tax revenues less any refunds, costs of
6administration by the State Board of Equalization, and the MTA’s
7administration costs, shall be used by the MTA to fund
8transportation projects and programs identified in the expenditure
9plan.

begin insert

10(c) The MTA shall do all of the following:

end insert
begin insert

11(1) Develop a transparent process to determine the most recent
12costs estimates for each project and program identified in the
13expenditure plan.

end insert
begin insert

14(2) At least 30 days before submitting the ordinance described
15in subdivision (b) to the voters, post the expenditure plan on its
16Internet Web site in a prominent manner.

end insert
begin delete

17(c)

end delete

18begin insert(d)end insert The ordinance shall be adopted by the MTA board, which
19shall also adopt a resolution that submits the ordinance to the
20voters.

begin delete

21(d)

end delete

22begin insert(e)end insert The ordinance shall become operative pursuant to Section
23130352 if approved by two-thirds of the voters voting on the
24measure, pursuant to subdivision (d) of Section 2 of Article XIII
25C of the California Constitution.

begin insert

26(f) (1) If the voters approve the ordinance authorized by this
27section, the expenditure plan included as an exhibit to the
28ordinance pursuant to paragraph (1) of subdivision (b) shall also
29be included in the revised and updated Long Range Transportation
30Plan within one year of the date the ordinance takes effect. The
31revised and updated Long Range Transportation Plan shall also
32include capital projects and capital programs that are adopted by
33each subregion that are submitted to the MTA for inclusion in the
34revised and updated Long Range Transportation Plan, if the cost
35and schedule details are provided by the subregions, in a manner
36consistent with the requirements of the plan. Inclusion of a capital
37project or a capital program in the Long Range Transportation
38Plan is not a commitment or guarantee that the project or program
39shall receive any future funding.

end insert
begin insert

P4    1(2) For purposes of this subdivision, “subregion” shall have
2the same meaning as that term is defined in the Long Range
3Transportation Plan process in effect as of January 1, 2008.

end insert
begin delete

4(e)

end delete

5begin insert(g)end insert The MTA may incur bonded indebtedness payable from the
6net revenues of the tax pursuant to the bond issuance provisions
7of this chapter and any successor act.

begin delete

8(f)

end delete

9begin insert(h)end insert The tax authorized by this section shall be imposed pursuant
10to the Transactions and Use Tax Law (Part 1.6 (commencing with
11Section 7251) of Division 2 of the Revenue and Taxation Code),
12notwithstanding the combined rate limitation in Section 7251.1 of
13the Revenue and Taxation Code.



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