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| 1 | + | Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Member Baker(Coauthor: Assembly Member Grayson)February 17, 2017 An act to add Section 29158.1 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Baker. San Francisco Bay Area Rapid Transit District. (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or improvement of real property to replace or upgrade severely worn tracks, tunnels damaged by water intrusion, outdated train control systems, and other deteriorating infrastructure to keep BART safe, prevent accidents, breakdowns, or delays, relieve overcrowding, reduce traffic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 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 201314, 201415, and 201516 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 29158.1 is added to the Public Utilities Code, to read:29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2.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. | |
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| 3 | + | Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1509Introduced by Assembly Member Baker(Coauthor: Assembly Member Grayson)February 17, 2017 An act to add Section 29158.1 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1509, as amended, Baker. San Francisco Bay Area Rapid Transit District. (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 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 201314, 201415, and 201516 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | + | Amended IN Assembly April 06, 2017 | |
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| 7 | - | Amended IN Assembly May 11, 2017 | |
| 8 | 7 | Amended IN Assembly April 06, 2017 | |
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| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 1509 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member Baker(Coauthor: Assembly Member Grayson)February 17, 2017 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Baker(Coauthor: Assembly Member Grayson) | |
| 17 | 16 | February 17, 2017 | |
| 18 | 17 | ||
| 19 | 18 | An act to add Section 29158.1 to the Public Utilities Code, relating to transportation. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 1509, as amended, Baker. San Francisco Bay Area Rapid Transit District. | |
| 26 | 25 | ||
| 27 | - | (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 | |
| 26 | + | (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 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 201314, 201415, and 201516 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. | |
| 28 | 27 | ||
| 29 | 28 | (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. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | - | This bill | |
| 32 | + | This bill 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 201314, 201415, and 201516 fiscal years. By imposing new duties on a local governmental entity, the bill would create a state-mandated local program. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | - | ||
| 37 | - | ||
| 38 | 35 | ||
| 39 | 36 | (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. | |
| 40 | 37 | ||
| 41 | 38 | 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. | |
| 42 | 39 | ||
| 43 | 40 | ## Digest Key | |
| 44 | 41 | ||
| 45 | 42 | ## Bill Text | |
| 46 | 43 | ||
| 47 | 44 | The people of the State of California do enact as follows:SECTION 1. Section 29158.1 is added to the Public Utilities Code, to read:29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2.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. | |
| 48 | 45 | ||
| 49 | 46 | The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | 48 | ## The people of the State of California do enact as follows: | |
| 52 | 49 | ||
| 53 | 50 | SECTION 1. Section 29158.1 is added to the Public Utilities Code, to read:29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2. | |
| 54 | 51 | ||
| 55 | 52 | SECTION 1. Section 29158.1 is added to the Public Utilities Code, to read: | |
| 56 | 53 | ||
| 57 | 54 | ### SECTION 1. | |
| 58 | 55 | ||
| 59 | 56 | 29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2. | |
| 60 | 57 | ||
| 61 | 58 | 29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2. | |
| 62 | 59 | ||
| 63 | 60 | 29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses.(b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years.(c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2. | |
| 64 | 61 | ||
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | 64 | 29158.1. (a) The district shall maintain its existing commitment of funds for the acquisition, construction, or completion of rapid transit facilities. Following approval of Measure RR at the November 8, 2016, election, the district shall not redirect any existing funds dedicated for system infrastructure capital improvements or rolling stock to cover operating expenses. | |
| 68 | 65 | ||
| 69 | 66 | (b) In any fiscal year that the district makes an expenditure of Measure RR revenues, the district shall 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 201314, 201415, and 201516 fiscal years. | |
| 70 | 67 | ||
| 71 | - | ||
| 72 | - | ||
| 73 | 68 | (c) The State Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. If the district has not complied with subdivision (b), the Controller shall withhold an amount, equal to the difference between actual and required expenditures, from distributions provided pursuant to subdivision (a) of Section 29142.2. | |
| 74 | - | ||
| 75 | - | ||
| 76 | 69 | ||
| 77 | 70 | 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. | |
| 78 | 71 | ||
| 79 | 72 | 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. | |
| 80 | 73 | ||
| 81 | 74 | 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. | |
| 82 | 75 | ||
| 83 | 76 | ### SEC. 2. |