California Senate Bill SB652 Amended / Bill

 BILL NUMBER: SB 652AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 2009 INTRODUCED BY Senator Huff FEBRUARY 27, 2009  An act to add Section 6507.5 to the Government Code, relating to joint powers agreements.   An act to add Article 5.3 (commencing with Section 14073) to Chapter 1 of Part 5 of Division 3 of Title 2 of the Government Code, relating to transportation, and declaring the urgency thereof, to take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST SB 652, as amended, Huff.  Joint powers agreements.   Alameda Corridor-East Construction Authority.   Existing law provides for the creation of a separate public entity pursuant to a joint powers agreement among existing public entities pursuant to the Joint Exercise of Powers Act.   This bill would provide that the Alameda Corridor-East Construction Authority and the San Gabriel Valley Council of Governments, a joint powers agency created pursuant to the Joint Exercise of Powers Act, of which the authority is a part, shall be considered political subdivisions of the state, and that these entities may be applicants for state or federal funds for projects within their jurisdiction.   This bill would declare that it is to take effect immediately as an urgency statute.   Existing law provides that the administering agency that is created by a joint powers agreement pursuant to the Joint Exercise of Powers Act is a public entity separate from the parties to the agreement.   This bill would provide that the administering agency created by a joint powers agreement shall be considered a political subdivision of the state if one or more of the public agencies that entered into the agreement is a political subdivision of the state, including, but not limited to, a city, county, or district.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Article 5.3 (commencing with Section 14073) is added to Chapter 1 of Part 5 of Division 3 of Title 2 of the   Government Code   , to read:   Article 5.3. Alameda Corridor-East Construction Authority 14073. The Alameda Corridor-East Construction Authority is a part of an existing joint powers authority, the San Gabriel Valley Council of Governments, formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, which consists of the 29 cities in the San Gabriel Valley of Los Angeles County, the County of Los Angeles, and a joint powers agency consisting of three municipal water districts. The purpose of the Alameda Corridor-East Construction Authority is to mitigate the impacts of significant increases in rail traffic over 70 miles of mainline railroad in the San Gabriel Valley through the construction of multiple construction projects including near-term, low-cost mobility improvements that encompass safety upgrades and traffic signal control measures, and grade separations. The powers and duties of the Alameda Corridor-East Construction Authority are specified in Section 27 of the third amended and restated joint exercise of powers agreement, effective April 3, 2007. 14073.1. The Alameda Corridor-East Construction Authority and the San Gabriel Valley Council of Governments shall be considered political subdivisions of the state. 14073.2. The Alameda Corridor-East Construction Authority and the San Gabriel Valley Council of Governments may be applicants for state or federal funds for projects within their jurisdiction. 14073.3. It is the intent of the Legislature that, for the purpose of determining eligibility for the Federal Railroad Administration program for Capital Grants for Rail Line Relocation and Improvement Projects, this article shall apply.   SEC. 2.   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 clarify the status of the San Gabriel Valley Council of Governments and the Alameda Corridor-East Construction Authority for the purpose of obtaining access to immediately available federal funding, it is necessary that this act take effect immediately.   SECTION 1.   Section 6507.5 is added to the Government Code, to read: 6507.5. The administering agency created by a joint powers agreement shall be considered a political subdivision of the state if one or more of the public agencies that entered into the agreement is a political subdivision of the state, including, but not limited to, a city, county, or district.