(1) Existing law establishes the San Francisco Bay Area Rapid Transit District (BART), which is authorized to acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rapid transit service. Existing law imposes a permanent 1/2 of 1% transactions and use tax in the Counties of Alameda, Contra Costa, and San Francisco, with the net revenues from the tax allocated to transit purposes. Existing law requires 75% of the net revenues to be allocated to BART.
Existing local law, ballot Measure RR, adopted by the voters of the Counties of San Francisco, Alameda, and Contra Costa
on November 8, 2016, pursuant to a 2/3 vote, enacted a regional bond measure authorizing BART to issue $3.5 billion in general obligation bonds for the acquisition or improvement of real property to replace or upgrade severely worn tracks, tunnels damaged by water intrusion, outdated train control systems, and other deteriorating infrastructure to keep BART safe, prevent accidents, breakdowns, or delays, relieve overcrowding, reduce traffic congestion and pollution, improve earthquake safety, and increase access for seniors and persons with disabilities.
This bill would require BART to maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities and would prohibit BART from redirecting any existing funds
dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses following the approval of Measure RR. The bill would also require BART in any fiscal year that it makes an expenditure of Measure RR revenues to expend from other sources of revenue an amount not less than the annual average of its expenditures on acquisition, construction, or completion of rapid transit facilities during the 2013–14, 2014–15, and 2015–16 fiscal years. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program.
The bill would authorize the Controller to perform audits to ensure compliance with certain of these provisions and if BART has not complied with those provisions, the Controller would be required to withhold an amount, equal to the difference between actual and required expenditures, from distributions provided to BART under the transactions and use tax provisions described above.
(2) 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 the statutory provisions noted above.