BILL NUMBER: SB 1305 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 23, 2016
PASSED THE ASSEMBLY AUGUST 11, 2016
AMENDED IN SENATE MAY 16, 2016
AMENDED IN SENATE MAY 10, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Morrell
(Coauthors: Senators Fuller, Huff, and Roth)
(Coauthors: Assembly Members Lackey, Mayes, Obernolte, and
Steinorth)
FEBRUARY 19, 2016
An act to amend Sections 130102, 130108, and 130233 of, to amend
and renumber Section 130054 of, to add Chapter 7 (commencing with
Section 130800) to Division 12 of, to repeal Section 130102.5 of, and
to repeal Division 20 (commencing with Section 190000) of, the
Public Utilities Code, and to amend Section 149.11 of the Streets and
Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1305, Morrell. San Bernardino County Transportation Authority.
Existing law authorizes a county board of supervisors to create or
otherwise designate local agencies, including a transportation
authority, which may impose a transportation sales tax subject to
voter approval, a service authority for freeway emergencies, and a
transportation congestion management agency, as specified.
The Joint Exercise of Powers Act authorizes the legislative or
other governing bodies of 2 or more public agencies to jointly
exercise, by agreement, any power common to the contracting parties,
as specified.
The County Transportation Commissions Act provides for the
creation of county transportation commissions in the Counties of Los
Angeles, Orange, Riverside, San Bernardino, and Ventura, with various
powers and duties relative to transportation planning and funding,
as specified.
This bill would create the San Bernardino County Transportation
Authority as the successor to the powers, duties, revenues, debts,
obligations, liabilities, immunities, and exemptions, expressed or
implied, of the San Bernardino County Transportation Commission and
the County of San Bernardino local transportation authority, service
authority for freeway emergencies, and local congestion management
agency, and of the San Bernardino Associated Governments joint powers
authority when it was acting on behalf of, or in the capacity of,
those entities.
By imposing new duties on local government associated with this
consolidation, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the San
Bernardino County Transportation Authority be a unified and
comprehensive institution that combines the transportation-related
functions and authorities of the San Bernardino County Transportation
Commission and the County of San Bernardino local transportation
authority, service authority for freeway emergencies, and congestion
management agency, which are currently exercised by the San
Bernardino Associated Governments joint powers authority by statute
or by designation of the San Bernardino County Board of Supervisors.
It is the intent of the Legislature that this act vest responsibility
and liability for transportation-related functions in the County of
San Bernardino in a single entity to promote administrative
efficiency, enhance public transparency, and ensure maximum
accountability to the people.
SEC. 2. Section 130054 of the Public Utilities Code is amended and
renumbered to read:
130807. The San Bernardino County Transportation Commission shall
be known as the authority.
SEC. 3. Section 130102 of the Public Utilities Code is amended to
read:
130102. A majority of the members of the commission shall
constitute a quorum for the transaction of business, and all official
acts of the commission shall require the affirmative vote of a
majority of the members of the commission.
SEC. 4. Section 130102.5 of the Public Utilities Code is repealed.
SEC. 5. Section 130108 of the Public Utilities Code is amended to
read:
130108. (a) Each member of a commission may be compensated at a
rate not exceeding one hundred dollars ($100) for any day attending
to the business of the commission, but not to exceed four hundred
dollars ($400) in any month, and the necessary traveling and personal
expenses incurred in the performance of his or her duties as
authorized by the commission. Members of the San Bernardino County
Transportation Authority shall be compensated pursuant to this
subdivision. Members of the Los Angeles County Metropolitan
Transportation Authority shall be compensated pursuant to subdivision
(b).
(b) Each member of the Los Angeles County Metropolitan
Transportation Authority shall be compensated at a rate not exceeding
one hundred and fifty dollars ($150) for any day attending to the
business of the authority, but not to exceed six hundred dollars
($600) per month, and other expenses which are directly related to
the performance of duties as authorized by the authority.
SEC. 6. Section 130233 of the Public Utilities Code is amended to
read:
130233. (a) Except as provided in subdivision (b), if, after
rejecting bids received under Section 130232, the commission
determines and declares, by a two-thirds vote of all of its members,
that the supplies, equipment, or materials may be purchased at a
lower price in the open market, the commission may proceed to
purchase those supplies, equipment, or materials in the open market
without further observance of the provisions in this article
regarding contracts, bids, advertisement, or notice.
(b) If, after rejecting bids received under Section 130232, the
San Bernardino County Transportation Authority determines and
declares, by a majority vote of all of its members, that the
supplies, equipment, or materials may be purchased at a lower price
in the open market, the authority may proceed to purchase those
supplies, equipment, or materials in the open market without further
observance of the provisions in this article regarding contracts,
bids, advertisement, or notice.
SEC. 7. Chapter 7 (commencing with Section 130800) is added to
Division 12 of the Public Utilities Code, to read:
CHAPTER 7. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
CONSOLIDATION ACT OF 2017
130800. This chapter shall be known and may be cited as the San
Bernardino County Transportation Authority Consolidation Act of 2017.
130803. For purposes of this chapter, the following definitions
shall apply:
(a) "Authority" means the San Bernardino County Transportation
Authority established pursuant to Section 130806.
(b) "Local congestion management agency" means a County of San
Bernardino congestion management agency established pursuant to
subdivision (a) of Section 65089 of the Government Code.
(c) "Local transportation authority" means a County of San
Bernardino transportation authority established pursuant to Section
180050.
(d) "San Bernardino Associated Governments" means the joint powers
agency established pursuant to the Joint Exercise of Powers Act
(Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code).
(e) "San Bernardino County Consolidated Agencies" means the San
Bernardino County Transportation Commission established pursuant to
Section 130050, the local transportation authority, service authority
for freeway emergencies, and local congestion management agency in
existence on December 31, 2016, and the San Bernardino Associated
Governments when it was acting on behalf of, or in the capacity of,
those entities.
(f) "Service authority for freeway emergencies" means a County of
San Bernardino service authority for freeway emergencies established
pursuant to Section 2551 of the Streets and Highways Code.
130806. There is hereby created the San Bernardino County
Transportation Authority. The authority shall be the successor to the
powers, duties, revenues, debts, obligations, liabilities,
immunities, and exemptions, expressed or implied, of the San
Bernardino County Consolidated Agencies.
130809. (a) The authority may exercise all rights and powers,
expressed or implied, including, without limitation, the power to
issue bonds, and rely on any immunities or exemptions provided by law
to a county transportation commission, a local transportation
authority, a service authority for freeway emergencies, or a local
congestion management agency.
(b) The authority's powers include, but are not limited to, the
power to do all of the following:
(1) To sue and to be sued.
(2) To acquire any property by any means, and to hold, manage,
occupy, develop, jointly develop, dispose of, lease, convey, or
otherwise encumber property.
(3) To create a leasehold interest in property for the benefit of
the authority.
(4) To acquire, by eminent domain, any property necessary to carry
out any of its powers or functions.
(5) To merge or split parcels, adjust boundary lines, or take
similar actions as part of the acquisition of land or as needed in
order to carry out its functions.
(6) To construct, acquire, develop, jointly develop, maintain,
operate, lease, and dispose of work, property, rights-of-way, and
facilities.
(7) To appoint necessary employees, including counsel, and to
define their qualifications and duties.
(8) To enter into and perform all necessary contracts.
(9) To fix and collect fees for any services rendered by it.
(10) To adopt a seal and alter it.
(11) To adopt an annual budget and to fix the compensation of its
officers, board members, and employees.
(12) To establish and enforce rules and regulations for the
administration, operation, and maintenance of facilities and
services.
(13) To enter into joint powers arrangements with other entities.
(14) To provide insurance.
(15) To issue bonds and incur other obligations.
(16) To advance funds from any sources towards a project in
anticipation of future funding sources or contributions from other
agencies in order to maximize the efficient delivery of projects
undertaken by the authority.
(17) To loan moneys from any of the funds or accounts held by the
authority to any other fund or account held by the authority, if all
of the following occur:
(A) The loan is authorized pursuant to a resolution of the
governing board of the authority.
(B) The authority determines that the loan serves the purposes of
the authority.
(C) All moneys loaned to the borrowing fund or account are
expended for any of the lawful purposes for which the borrowing
account was established.
(18) To do any other things necessary or desirable to carry out
the purposes of a county transportation commission, a local
transportation authority, a service authority for freeway
emergencies, or a local congestion management agency.
130812. The authority may bring an action to determine the
validity of its bonds, warrants, contracts, obligations, or evidences
of indebtedness issued on or after January 1, 2017, pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure.
130815. (a) The governing body of the authority shall consist of
the following members:
(1) Five members of the San Bernardino County Board of
Supervisors.
(2) One member from each County of San Bernardino incorporated
city, who shall be a mayor or a city council member.
(3) One nonvoting member appointed by the Governor.
(b) Each County of San Bernardino incorporated city may appoint an
alternate member to represent it at a meeting, but only if the
regular member cannot attend the meeting. The alternate member shall
either be a mayor or a city council member.
130818. (a) Any reference to the San Bernardino County
Transportation Commission or to a County of San Bernardino
transportation commission, local transportation authority, service
authority for freeway emergencies, or local congestion management
agency, shall be deemed to refer to the authority.
(b) By operation of law, the authority shall act as and assume the
rights, obligations, assets, and liabilities of the San Bernardino
County Consolidated Agencies, as established by operation of law or
under any contract to which any of them is a party and that was
entered into before January 1, 2017. All real and personal property
owned by any of the San Bernardino County Consolidated Agencies shall
be transferred to the authority by operation of law.
(c) The respective legally enforceable debts and liabilities of
the San Bernardino County Consolidated Agencies shall transfer to the
authority and exist as debts and liabilities of the authority in the
same manner as if the authority had itself incurred them.
(d) The respective rights of creditors and all liens upon the
property of the San Bernardino County Consolidated Agencies
transferred to the authority, including, without limitation, any
pledge of revenues or other collateral securing the repayment of
bonds, as those terms are defined in Section 5450 of the Government
Code, and the other responsibilities of the San Bernardino County
Consolidated Agencies transferred to the authority, shall be
preserved unimpaired, and those bonds are the valid obligations of
the authority, in each case limited in lien or pledge to the property
affected by the liens or pledges immediately prior to the transfer
of related responsibilities and obligations.
(e) All powers, duties, debts, obligations, liabilities, or claims
arising out of or related to the powers, duties, debts, obligations,
and liabilities transferred to the authority under this chapter by
operation of law shall be transferred to the authority without
further recourse to the San Bernardino Associated Governments or its
member agencies, as applicable, and the authority may be proceeded
against or substituted in the place of any of the San Bernardino
County Consolidated Agencies if the action or proceeding pertains to
a transferred power, duty, revenue, debt, obligation, liability, or
claim.
(f) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the San Bernardino
County Consolidated Agencies pertaining to the responsibilities and
obligations transferred to the authority, the authority shall have
the power to take all actions and do all things necessary or required
for the protection of those holders and for compliance with the
terms of those bonds and other evidences of indebtedness. The
authority shall have the power to continue all services that the San
Bernardino County Consolidated Agencies, on the date of the transfer,
was furnishing and that pertained to the responsibilities and
obligations transferred to the authority.
130821. (a) Chapter 1 (commencing with Section 180000), Chapter 5
(commencing with Section 180200), and, except Section 180260,
Chapter 6 (commencing with Section 180250) of Division 19 (commencing
with Section 180000) shall be equally applicable to the authority as
if set forth herein and shall be in addition to the powers and
functions of the authority set forth in this division.
(b) Notwithstanding Section 180260, all proceeds of the authority'
s bonds shall be applied to secure the bonds or for the purposes for
which the debt was incurred. However, when the purposes have been
accomplished, any moneys remaining shall be either transferred to the
fund used for the payment of principal of, and interest on, the
bonds, or placed in a fund to be used for the purchase of the
outstanding bonds in the open market at prices and in the manner,
either at public or private sale or otherwise, as determined by the
authority. Bonds so purchased shall be canceled immediately.
130824. (a) After the creation of the authority and on the
effective date of a resolution of the Board of Retirement of the San
Bernardino County Employees' Retirement Association consenting to
membership of the authority's employees pursuant to subdivision (b)
of Section 31557 of the Government Code, all then-current employees
of the San Bernardino Associated Governments shall be deemed to be
employees of the authority and all duties and obligations of the
employment relationship shall be assumed by the authority. The status
of each employee deemed to have become an employee of the authority
by operation of this section, with respect to membership in the
retirement system, shall, in all respects, be as if the employee had
remained a member of the retirement system without any break in
service or change of employer. The authority shall be deemed a
"district" as defined by the County Employees Retirement Law of 1937
(Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of
Title 3 of the Government Code) and shall in all respects assume all
of the rights, obligations, and status previously occupied by the
San Bernardino Associated Governments as a participating district in
the retirement system, including, but not limited to, the payment of
employer contributions, the payment of unfunded actuarial liability,
the withholding of employee contributions, the reporting of
compensation earnable and pensionable compensation, record retention
and audit compliance, the enrollment of eligible employees in
membership, compliance with restrictions on the employment of retired
persons, and the pickup of employee contributions pursuant to
Section 414(h)(2) of the Internal Revenue Code (26 U.S.C. 414(h)(2))
and any agreement or resolution implementing the same.
(b) The termination of the San Bernardino Associated Governments'
status as a participating district in the retirement system shall not
trigger withdrawal liability pursuant to Section 31564.2 of the
Government Code. The authority shall assume the prior obligations of
the San Bernardino Associated Governments for the payment of unfunded
actuarial liability, which shall continue to be included in
contribution rates calculated and approved pursuant to the County
Employees Retirement Law of 1937, including, but not limited to,
Sections 31453, 31453.5, 31454, 31581, and 31585 of the Government
Code, as if no change in the participating employer had occurred.
(c) The authority shall succeed to the rights, duties, and
obligations of the San Bernardino Associated Governments with respect
to its replacement benefits program pursuant to Chapter 3.9
(commencing with Section 31899) of Part 3 of Division 4 of Title 3 of
the Government Code. The rights of each retirement system member to
participate in the replacement benefits program, as those rights
exist at the time of the transfer of rights, duties, and obligations
to the authority, whether the member is actively employed, deferred,
or retired, shall continue as if there had been no change in the
status of the employer. The transfer of rights, duties, and
responsibilities shall not be deemed the creation of a new
replacement benefit program, and the continuation of employees'
rights pursuant to the operation of this section shall not be deemed
the offering of a new plan to any employee, for purposes of Section
7522.43 and subdivision (c) of Section 31899 of the Government Code.
130827. The authority shall have the power to contract to provide
the services of its employees to San Bernardino Associated
Governments upon lawful terms and conditions agreed to by the
authority and San Bernardino Associated Governments.
SEC. 8. Division 20 (commencing with Section 190000) of the Public
Utilities Code is repealed.
SEC. 9. Section 149.11 of the Streets and Highways Code is amended
to read:
149.11. (a) (1) Notwithstanding Sections 149 and 30800 of this
code, and Section 21655.5 of the Vehicle Code, the San Bernardino
County Transportation Authority, created pursuant to Section 130806
of the Public Utilities Code, may conduct, administer, and operate a
value-pricing program in the Interstate 10 and Interstate 15
corridors in the County of San Bernardino. The value-pricing program
may include high-occupancy toll lanes or other toll facilities. The
San Bernardino County Transportation Authority may also extend the
program to include the approaching and departing connectors on
Interstate 10 extending into the County of Los Angeles, as designated
by an agreement with the Los Angeles County Metropolitan
Transportation Authority, and the connection to the Interstate 15
express lanes project in the County of Riverside, as designated by an
agreement with the Riverside County Transportation Commission. The
San Bernardino County Transportation Authority may exercise its
existing powers of eminent domain pursuant to Section 130220.5 of the
Public Utilities Code to acquire property necessary to carry out the
purposes of the value-pricing program.
(2) The value-pricing program authorized pursuant to paragraph (1)
may only be implemented upon a determination that the program and
the resulting facilities will improve the performance of the affected
corridors. Improved performance may be demonstrated by factors that
include, but are not limited to, increased passenger throughput or
improved travel times. The San Bernardino County Transportation
Authority shall make the determination required by this paragraph in
a public meeting prior to operation of the value-pricing program.
(3) The San Bernardino County Transportation Authority shall have
the authority to set, levy, and collect tolls, user fees, or other
similar charges payable for the use of the toll facilities in the
County of San Bernardino and any other incidental or related fees or
charges, and to collect those revenues, in a manner determined by the
San Bernardino County Transportation Authority, in amounts as
required for the following expenditures relative to the program and
for the purposes of paragraph (4):
(A) Development, including the costs of design, construction,
right-of-way acquisition, and utilities adjustment.
(B) Operations and maintenance, including, but not limited to,
insurance, collection, and enforcement of tolls, fees, and charges.
(C) Repair, rehabilitation, and reconstruction.
(D) Indebtedness incurred and internal loans and advances,
including related financial costs.
(E) Administration, which shall not exceed 3 percent of the
revenues of toll facilities and associated transportation facilities.
(F) Reserves for the purposes described in subparagraphs (A) to
(E), inclusive.
(4) All revenue generated pursuant to paragraph (3) in excess of
the expenditure needs of that paragraph shall be used exclusively for
the benefit of the transportation corridors included in the
value-pricing program created pursuant to this section. These excess
revenue expenditures shall be described in an excess revenue
expenditure plan developed in consultation with the department and
adopted and periodically updated by the board of directors of the San
Bernardino County Transportation Authority and may include, but need
not be limited to, the following eligible expenditures:
(A) Expenditures to enhance transit service designed to reduce
traffic congestion within the transportation corridors included in
the value-pricing program created pursuant to this section. Eligible
expenditures include, but are not limited to, transit operating
assistance, the acquisition of transit vehicles, and transit capital
improvements otherwise eligible to be funded under the state
transportation improvement program pursuant to Section 164.
(B) Expenditures to make operational or capacity improvements
designed to reduce traffic congestion or improve the flow of traffic
in the transportation corridors included in the value-pricing program
created pursuant to this section. Eligible expenditures include, but
are not limited to, any phase of project delivery to make capital
improvements to on ramps, off ramps, connector roads, roadways,
bridges, or other structures that are necessary for or related to the
tolled or nontolled transportation facilities in the transportation
corridors included in the value-pricing program created pursuant to
this section.
(5) To the extent the San Bernardino County Transportation
Authority plans to extend the value-pricing program into the Counties
of Los Angeles or Riverside, it shall enter into an agreement with
the Los Angeles County Metropolitan Transportation Authority or the
Riverside County Transportation Commission, as applicable, subject to
approval of the board of directors of the San Bernardino County
Transportation Authority and the board of directors of the affected
entity. If the value-pricing program developed and operated by the
San Bernardino County Transportation Authority connects to, or is
near, similar toll facilities constructed and operated by the Los
Angeles County Metropolitan Transportation Authority or the Riverside
County Transportation Commission, the respective entities shall
enter into an agreement providing for the coordination of the toll
facilities operated by each entity.
(b) (1) The San Bernardino County Transportation Authority shall
carry out the program in cooperation with the Department of the
California Highway Patrol pursuant to an agreement that addresses all
matters related to enforcement on state highway system facilities in
connection with the value-pricing program, and with the department
pursuant to an agreement that addresses all matters related to the
design, construction, maintenance, and operation of state highway
system facilities in connection with the value-pricing program,
including, but not limited to, financing, repair, rehabilitation, and
reconstruction.
(2) The San Bernardino County Transportation Authority shall be
responsible for reimbursing the department and the Department of the
California Highway Patrol for costs related to the toll facility
pursuant to an agreement between the San Bernardino County
Transportation Authority and the department and between the San
Bernardino County Transportation Authority and the Department of the
California Highway Patrol.
(c) Single-occupant vehicles that are certified or authorized by
the San Bernardino County Transportation Authority for entry into,
and use of, the high-occupancy toll lanes implemented pursuant to
this section are exempt from Section 21655.5 of the Vehicle Code, and
the driver shall not be in violation of the Vehicle Code because of
that entry and use.
(d) (1) The San Bernardino County Transportation Authority may
issue bonds at any time to finance any costs necessary to implement
the program established pursuant to this section and any expenditures
provided for in paragraphs (3) and (4) of subdivision (a), payable
from the revenues generated from the program and any other sources of
revenues available to the San Bernardino County Transportation
Authority that may be used for these purposes, including, but not
limited to, sales tax revenue, development impact fees, or state and
federal grants.
(2) The maximum bonded indebtedness that may be outstanding at any
one time shall not exceed an amount that may be serviced from the
projected revenues available as described in paragraph (1).
(3) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined by the
San Bernardino County Transportation Authority.
(4) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal of, or
interest on, this bond."
(5) Bonds shall be issued pursuant to a resolution of the
governing board of the San Bernardino County Transportation Authority
adopted by a majority vote of its governing board. The resolution or
bond authorizing instrument shall state all of the following:
(A) The purposes for which the proposed debt is to be incurred.
(B) The estimated cost of accomplishing those purposes.
(C) The amount of the principal of the indebtedness.
(D) The maximum term of the bonds and the maximum interest rate.
(E) The denomination or denominations of the bonds, which shall
not be less than five thousand dollars ($5,000).
(F) The form of the bonds.
(e) Not later than three years after either the San Bernardino
County Transportation Commission or the San Bernardino County
Transportation Authority first collects revenues from the program
authorized by this section, the San Bernardino County Transportation
Authority shall submit a report to the Legislative Analyst on its
findings, conclusions, and recommendations concerning the program.
The report shall include an analysis of the effect of the
transportation facilities on the adjacent mixed-flow lanes and any
comments submitted by the department and the Department of the
California Highway Patrol regarding operation of the transportation
facilities.
(f) This section shall not prevent the department or any local
agency from constructing improvements in the transportation corridors
that compete with the program, and the San Bernardino County
Transportation Authority shall not be entitled to compensation for
the adverse effects on toll revenue due to those competing
improvements.
(g) If any provision of this section or the application thereof
is held invalid, that invalidity shall not affect other provisions
or applications of this section that can be given effect without the
invalid provision or application, and to this extent the provisions
are severable.
(h) Nothing in this section shall authorize the conversion of any
existing nontoll or nonuser-fee lanes into tolled or user-fee lanes,
except that a high-occupancy vehicle lane may be converted into a
high-occupancy toll lane.
SEC. 10. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 11. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.