SECTIONS 131050-131057 - California Statutes

PUBLIC UTILITIES CODE

SECTION 131050-131057

131050. Any board of supervisors which believes its county has
essential traffic and transportation projects for which current
estimates of federal, state, and local funds may not be adequately
available, may establish, on or after January 1, 1986, in conjunction
with the city selection committee a process to develop a countywide
consensus on the need for these projects and on a proposed county
transportation expenditure plan to adequately fund the construction,
maintenance, repair, or operation of these projects. The process may
include the establishment of a committee or committees as the board
of supervisors and the city selection committee deem necessary. The
process shall provide for the participation of representatives of
cities and the county, representatives of transit agencies serving
the county, the department, the commission, and other agencies
determined to be necessary by the board of supervisors and the city
selection committee. Meetings of any committee established are
subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code).
The board of supervisors and the city selection committee may request
the commission to provide some staffing assistance. The board of
supervisors and the city selection committee shall establish, by
resolution, an expected schedule and the process to be used for the
completion of the tasks set forth in this chapter.

131051. The county transportation expenditure plan shall consist of
all of the following:
(a) (1) A list of essential traffic and transportation projects in
the order of priority within the county, and their respective
sponsoring agencies, which current estimates of federal, state, and
local funds indicate are insufficient to provide for their
completion. The types of projects may include, but are not limited
to, capital, maintenance, repair, or operation projects. However, no
project shall be included that does not have a sponsoring agency.
Estimates of federal and state funding shall be based on estimates
provided by the staff of the commission. The sponsoring agency shall
provide cost estimates for its projects. An agency which administers
a retail transactions and use tax ordinance adopted pursuant to this
division shall not be a public transit operator. In addition, any
state highway project is subject to approval by the department. Any
project estimated to have adequate funding shall not be included on
the list.
(2) Notwithstanding paragraph (1), funds generated from this
division may be used to advance construction to an earlier date for
projects contained in the state transportation improvement plan with
the concurrence of the county transportation authority, the
commission, the California Transportation Commission, and the
department.
(b) An estimate of the costs of each of the projects listed in
subdivision (a).
(c) An estimate of the current sources of funds available to
assist in the completion of each of the projects listed in
subdivision (a).
(d) An estimate of the additional amounts of funds to make up the
difference between figures in subdivisions (b) and (c) for each of
the projects listed in subdivision (a).
(e) A recommendation on whether the adoption of a retail
transactions and use tax ordinance would be necessary to fund the
projects listed in subdivision (a). If a recommendation is made for
the adoption of that ordinance, it shall include a recommendation as
to whether the tax shall be permanent or for a specific term. The
recommendation shall also address the issue of whether a bonding
authority should be sought and on the limitations of that authority.
(f) A recommendation on whether the board of supervisors should
request the voters to authorize the creation of a county
transportation authority pursuant to this division to impose and
administer the proceeds of the tax ordinance recommended in
subdivision (e), or whether the board of supervisors should request
the commission to impose and administer the proceeds of the tax. The
ordinance shall be subject to the approval of a majority of the
electors voting on the measure to approve the imposition of the tax.
(g) If the recommendation is for the board of supervisors to ask
the voters to request the commission to impose the tax, a
recommendation shall be made for the establishment and membership of
an advisory committee to advise the commission on the administration
of the recommended county transportation expenditure plan.
(h) If the recommendation is for the creation of a county
transportation authority, the recommendation shall also include the
membership of the authority, specifying the number to represent local
governments and the number to represent the county.
(i) A recommendation as to whether to seek the support of adjacent
counties for projects that have intercounty impact by requesting the
board of supervisors and the city selection committee of each of the
adjacent counties to develop a county transportation expenditure
plan for their respective county. Adjacent counties shall endeavor to
work cooperatively together to develop mutual traffic and
transportation projects identified in their respective county
transportation expenditure plan.

131052. The recommended county transportation expenditure plan
shall be subject to a public hearing and then to a review by the
commission, before submittal to the board of supervisors and local
governments for adoption.

131053. The commission shall, within 45 days after receipt of a
draft county transportation expenditure plan forwarded pursuant to
Section 131052, approve the draft plan unless one or more of the
following findings is made:
(a) There would be a significant negative regional impact as a
result of the proposed projects.
(b) There are insufficient funds available to implement the
proposed projects.
(c) Conflicts exist within the county transportation expenditure
plan.
(d) The estimates of proceeds from any proposed retail
transactions and use tax ordinance are not reasonable.

131054. If the commission rejects a draft county transportation
expenditure plan because the draft plan fails to meet the
requirements set forth in Section 131053, the commission shall return
the draft plan to the county for amendments before resubmittal to
the commission for review.

131055. If the commission approves a draft county transportation
expenditure plan, the commission shall return the draft plan to the
board of supervisors for its approval and to local governments for
their approval. A majority of the board of supervisors, and a
majority of the local governments representing a majority of the
population of the county in the incorporated areas by a majority vote
of their respective councils, are required for the adoption of the
draft county expenditure plan. The adopted county transportation
expenditure plan shall be published by the county within 30 days
after its adoption.

131056. (a) Not less than one year prior to the date of the last
general election in which a retail transactions and use tax ordinance
is in effect pursuant to this division, the commission or the county
transportation authority administering the adopted county
expenditure transportation plan shall prepare a new draft county
transportation expenditure plan for approval pursuant to this
chapter.
(b) Upon approval of the draft plan, the board of supervisors
shall submit, at the next primary or general election, the question
of whether the ordinance shall remain in effect to fund the approved
plan.

131057. The commission and any county transportation authority, in
administering the adopted county transportation expenditure plan and
imposing the retail transactions and use tax, shall have only those
powers necessary for those purposes.