BILL NUMBER: SB 1545	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 26, 2012

INTRODUCED BY   Senator DeSaulnier
   (Principal coauthor: Senator Hancock)

                        FEBRUARY 24, 2012

   An act to add Section  30951.1   30951.3
 to the Streets and Highways Code, relating to toll bridges, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1545, as amended, DeSaulnier. Bay Area toll bridges.
   Existing law designates the Metropolitan Transportation Commission
as the regional transportation planning agency for the 9-county San
Francisco Bay Area. Existing law creates the Bay Area Toll Authority
with specified powers and duties relative to administration of
certain toll revenues from state-owned toll bridges within the
geographic jurisdiction of the Metropolitan Transportation
Commission.  Existing law establishes procedures for a public
agency to bring an action in superior court for the judicial
validation of specified matters. 
   This bill would  prohibit public money from being used on
the development or improvement of an office building at 390 Main
Street, San Francisco, until after the State Auditor has completed a
specified audit relating to the move of the headquarters of the
Metropolitan Transportation Commission. Upon completion of the audit,
the bill would require the issues raised in the audit to be
addressed and a report in that regard to be submitted to the
Legislature prior to future expenditure of public money on the
headquarters project. These provisions would apply to the Bay Area
Toll Authority, the Metropolitan Transportation Commission, and the
Bay Area Headquarters Authority.   provide that, unless
the State Auditor finds that the Metropolitan Transportation
Commission and the Bay Area Toll Authority, acting through the Bay
Area Headquarters Authority, a   joint powers agency,
clearly had the authority to purchase an office building at 390 Main
Street, San Francisco, and clearly had the authority to use toll
revenues for that purchase, the Metropolitan Transportation
Commission and the Bay Area Toll Authority, acting through the Bay
Area Headquarters Authority, are required to bring an action to
determine the validity of those matters, subject to specified
procedures. The bill would prohibit toll moneys from being used for
the validation action and would prohibit additional contracts from
being entered into with respect to the office building until the
  validation action is complete.  The bill would
thereby 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30951.3 is added to the 
 Streets and Highways Code   , to read:  
   30951.3.  (a) Notwithstanding any other provision of law, unless
the State Auditor finds that the Metropolitan Transportation
Commission and the Bay Area Toll Authority, acting through the Bay
Area Headquarters Authority, a joint powers agency, clearly had the
authority to purchase an office building at 390 Main Street, San
Francisco, and clearly had the authority to use toll revenues for
that purchase, the Metropolitan Transportation Commission and the Bay
Area Toll Authority, acting through the Bay Area Headquarters
Authority, shall bring an action to determine the validity of those
matters pursuant to Chapter 9 (commencing with Section 860) of the
Code of Civil Procedure.
   (b) The validation action shall determine the following:
   (1) Whether the Metropolitan Transportation Commission and the Bay
Area Toll Authority, acting though the Bay Area Headquarters
Authority, a joint powers agency, have statutory authority to
purchase the office building.
   (2) Whether the purchase of the office building was a proper use
of toll revenues.
   (c) No toll money shall be used for the validation action.
   (d) The Metropolitan Transportation Commission and the Bay Area
Toll Authority, acting through the Bay Area Headquarters Authority, a
joint powers agency, shall not enter into any additional contracts
with respect to the office building until the validation action is
complete.
   (e) Notwithstanding Section 860 of the Code of Civil Procedure, a
validation action pursuant to this section may be brought after the
60-day period.  
  SECTION 1.   Section 30951.1 is added to the
Streets and Highways Code, to read:
   30951.1.  (a) Notwithstanding any other provision of this chapter,
or any other provision of law, public money may not be used on the
development or improvement of an office building at 390 Main Street,
San Francisco, until after the State Auditor has completed the audit
approved by the Joint Legislative Audit Committee of the move of the
headquarters of the Metropolitan Transportation Commission.
   (b) Upon completion of the audit and prior to future expenditure
of public money for the purposes described in subdivision (a), the
issues raised in the audit shall first be addressed. A report shall
be submitted to the Legislature in accordance with Section 9795 of
the Government Code describing the manner in which those issues were
addressed.
   (c) This section applies to the authority, the Metropolitan
Transportation Commission, and the Bay Area Headquarters Authority.

  SEC. 2.  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent the potential misuse of toll and other public
revenues, it is necessary that this act take effect immediately.