BILL NUMBER: SB 1037 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2014
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Hernandez
FEBRUARY 18, 2014
An act to amend Section 130350.6 of the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1037, as amended, Hernandez. 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
purposes pursuant to an adopted expenditure plan and subject to voter
approval. Existing law authorizes the MTA to seek voter approval to
extend the sales tax pursuant to an amended ordinance, subject to
various requirements and voter approval.
This bill would require the MTA, prior to submitting an amended
ordinance to the voters, to amend the expenditure plan previously
prepared for the voter-approved Measure R transactions and use tax
with respect to certain matters relating to projects and programs to
be funded under Measure R and to develop a transparent process
to determine the most recent cost estimates for those projects and
programs . The bill would also require the MTA to include the
updated expenditure plan in the Long Range Transportation Plan. The
bill would also require the updated Long Range
Transportation Plan to include capital projects and capital programs
that are adopted by each subregion, as specified, and that are
submitted to the MTA for inclusion in the Long Range
Transportation Plan.
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 130350.6 of the Public Utilities Code is
amended to read:
130350.6. (a) The tax authorized by Section 130350.5 may be
imposed as set forth in paragraph (3) of subdivision (b) of Section
130350.5 in a transactions and use tax ordinance, or an amendment of
the ordinance approved pursuant to paragraph (1) of subdivision (b)
of Section 130350.5, that conforms with Chapter 2 (commencing with
Section 7261) to Chapter 4 (commencing with Section 7275), inclusive,
of the Transactions and Use Tax Law (Part 1.6 (commencing with
Section 7251) of Division 2 of the Revenue and Taxation Code), and
that is approved by a majority of the entire membership of the
authority. The tax may be imposed pursuant to this section only if
the proposing ordinance, or amendment thereof, is approved by
two-thirds of the voters, in the manner as otherwise required by law,
voting on this measure, in a special or general election and, if so
approved, shall become operative as provided in Section 130352. The
proposing ordinance shall specify that the net revenues derived from
the tax are to be administered by the Los Angeles County Metropolitan
Transportation Authority (MTA) as provided in this section. Net
revenues shall be defined as all revenues derived from the tax less
any refunds, costs of administration by the State Board of
Equalization, and costs of administration by the MTA. Such costs of
administration by the MTA shall not exceed 1.5 percent of the
revenues derived from the tax. The proposing ordinance shall be
accompanied by a new expenditure plan for the net revenues derived
from the tax. This new expenditure plan shall identify the years in
which the MTA anticipates net revenues derived from the tax will be
available to each project or program in the new expenditure plan.
(b) The MTA may incur bonded indebtedness payable from the
proceeds of the tax authorized by this section pursuant to the bond
issuance provisions of this chapter, and any successor act.
(c) Proceeds from the tax authorized by this section, including
proceeds from bonds issued pursuant to subdivision (b), after payment
of the bonded indebtedness, shall be used to accelerate the
completion of the projects and programs identified in subparagraphs
(A) and (B) of paragraph (3) of subdivision (b) of Section 130350.5,
for the expenditure plan adopted by the MTA board on July 24, 2008,
and for operations pursuant to paragraph (3) of subdivision (b) of
Section 130350.5.
(d) Upon completion of the projects and programs identified in
subparagraphs (A) and (B) of paragraph (3) of subdivision (b) of
Section 130350.5 and the expenditure plan adopted by the MTA board on
July 24, 2008, any funds remaining from the bonds described in
subdivision (b) and any funds remaining from the proceeds of the tax
authorized by this section, after payment of the bonded indebtedness,
shall be expended by the MTA on projects and programs in the Long
Range Transportation Plan or its successor plans, and for operations
pursuant to paragraph (3) of subdivision (b) of Section 130350.5.
(e) To the extent that the MTA deems it necessary to accelerate
the completion of a project or program in a new expenditure plan
adopted pursuant to this section, the MTA shall expend funds derived
from the sales tax authorized by Section 130350.5 according to the
schedule described in the new expenditure plan adopted pursuant to
this section. The MTA shall make this determination by a majority
vote of the MTA board.
(f) (1) Prior to submitting the ordinance described in subdivision
(a) to the voters, the MTA shall amend the expenditure plan adopted
pursuant to subdivision (f) of Section 130350.5. The amended plan
shall update all of the following for the projects and programs
listed in subparagraphs (A) and (B) of paragraph (3) of subdivision
(b) of Section 130350.5:
(A) The identification of the specific program or source
of the non-Measure R funds most recent cost estimates
for each project and program identified in the amended plan.
(B) The identification of the accelerated cost, if applicable, for
each project and program in the amended plan.
(C) The schedule during which the MTA anticipates funds will be
available for each project and program.
(D) The expected completion dates for each project and program.
(2) The MTA shall develop a transparent process to determine the
most recent cost estimates for each project and program identified in
the amended plan.
(2)
(3) The expenditure plan, as amended, shall also be
included in the revised and updated Long Range Transportation Plan
prior to submitting the ordinance described in subdivision (a) to the
voters. The revised and updated Long Range Transportation Plan shall
also include capital projects and capital programs that are adopted
by each subregion that are submitted to the MTA for inclusion in the
revised Long Range Transportation Plan. Inclusion of a capital
project or a capital program in the Long Range Transportation Plan is
not a commitment or guarantee that the project or program shall
receive any future funding. As used in this paragraph,
"subregion" shall have the meaning as defined in the Long Range
Transportation Plan in effect as of January 1, 2008.