FundsTransportation Fund

Section § 29530

Explanation

This law outlines that if a county's board of supervisors enters into an agreement with the State Board of Equalization, they must create a local transportation fund within the county treasury. This fund will hold revenue from certain sales tax rates above 1%, or over three-quarters of 1% after July 1, 2004. The revenue is less the costs incurred by the State Board of Equalization and other state officials for managing the sales tax.

Additionally, any interest or income generated from this fund will be added to it, supporting the fund's growth.

(a)CA Government Code § 29530(a) If the board of supervisors so agrees by contract with the State Board of Equalization, the board of supervisors shall establish a local transportation fund in the county treasury and shall deposit in the fund all revenues transmitted to the county by the State Board of Equalization under Section 7204 of the Revenue and Taxation Code, which are derived from that portion of the taxes imposed by the county at a rate in excess of 1 percent, and on and after July 1, 2004, until the rate modifications in subdivision (a) of Section 7203.1 of the Revenue and Taxation Code cease to apply, at a rate in excess of three-quarters of 1 percent, pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of that code, less an allocation of the cost of the services of the State Board of Equalization in administering the sales and use tax ordinance related to the rate in excess of 1 percent, and on and after July 1, 2004, until the rate modifications in subdivision (a) of Section 7203.1 of the Revenue and Taxation Code cease to apply, to the rate in excess of three-quarters of 1 percent, and of the Director of Transportation and the Controller in administering the responsibilities assigned to him or her in Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code.
(b)CA Government Code § 29530(b) Any interest or other income earned by investment or otherwise of the local transportation fund shall accrue to and be a part of the fund.
local transportation fund county treasury board of supervisors ...

Section § 29530.2

Explanation

This law allows the board of supervisors in a large county to modify their tax revenue contract with the State Board of Equalization for one year. They can deposit up to $60 million of county sales tax into the county general fund, but only up to an amount needed to cover a court-ordered refund, including interest, and this money doesn't have to be repaid.

Funds deposited for local transportation based on a court decision will be allocated only to a county transportation authority created under the Public Utilities Code, adding to existing funds. Refunds given directly to this transportation authority must adhere to specific spending rules laid out in another part of the Public Utilities Code.

This law is only effective if an appellate court declares a 1995 law that required repayment of certain transferred funds invalid.

(a)CA Government Code § 29530.2(a) Notwithstanding any other provision of law, the board of supervisors for any county of the first class may, upon the adoption of a resolution approved by a majority of all of its members, modify, for one fiscal year, its contract with the State Board of Equalization, as described in Section 29530, to require that not more than sixty million dollars ($60,000,000) of the county sales and use tax revenues described in Section 29530 be deposited in the county general fund. No deposit in a county general fund made under this subdivision shall exceed the total of a court-ordered refund of deposits in the county general fund made under Section 29530.3 and any interest accruing thereon. No portion of any amount deposited in the county general fund under this subdivision shall be subject to repayment under Section 2106.4 of the Streets and Highways Code or any other provision of law.
(b)CA Government Code § 29530.2(b) Funds deposited in the local transportation fund pursuant to the final determination specified in subdivision (d) shall be allocated exclusively to a county transportation authority created under Division 12 (commencing with Section 130000) of the Public Utilities Code, in addition to any other funds that would otherwise be allocated to that authority.
(c)CA Government Code § 29530.2(c) Any refund pursuant to the final determination specified in subdivision (d) that is made directly to a county transportation authority created under Division 12 (commencing with Section 130000) of the Public Utilities Code shall be expended in accordance with the requirements of Article 3 (commencing with Section 99230) of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code.
(d)CA Government Code § 29530.2(d) This section shall become operative on the date that a court of appellate jurisdiction renders a final determination invalidating Chapter 518 of the Statutes of 1995 to the extent that the final determination requires repayment of the funds transferred under that chapter.
board of supervisors county sales tax State Board of Equalization ...

Section § 29531

Explanation

This law requires that the board of supervisors keep allocating money from a specific fund to be used for certain transportation-related purposes outlined in another section of the state's Public Utilities Code.

The board of supervisors shall continuously appropriate the money in such fund for expenditure for the purposes specified in this article and in Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code.
board of supervisors fund appropriation transportation funding ...

Section § 29532

Explanation

This law outlines how funds are distributed to public transportation entities based on the county's relationship with various transportation planning organizations. If a county is under a regional transportation planning agency, that agency gets the funds. If it's not, but has a council of governments, the council or a local transportation commission gets the funds depending on certain elections. If there's no regional agency or council, a local transportation commission gets the funds. Additionally, counties under a multicounty transportation planning agency can request funds from that agency.

From funds appropriated pursuant to Section 29531, the county auditor shall pay to public transportation entities the amounts allocated by the transportation planning agencies designated by the Director of Transportation as follows:
(a)CA Government Code § 29532(a) For a county included within the jurisdiction of a statutorily created regional transportation planning agency, that agency.
(b)CA Government Code § 29532(b) For a county which is not included within the jurisdiction of a statutorily created regional transportation planning agency but for which there is a council of governments, and an election has not been made pursuant to Section 29536, that council. For a county which is not included within the jurisdiction of a statutorily created regional transportation planning agency but for which there is a council of governments for which an election has been made under Section 29536 to form a local transportation commission, the local transportation commission authorized in Section 29535.
(c)CA Government Code § 29532(c) For a county not within the jurisdiction of a statutorily created regional transportation planning agency or a council of governments, the local transportation commission authorized in Section 29535.
(d)CA Government Code § 29532(d) Upon the request of a county within the jurisdiction of the multicounty designated transportation planning agency, as defined in Section 130004 of the Public Utilities Code, that agency.
fund distribution public transportation entities regional transportation planning agency ...

Section § 29532.1

Explanation

This law lists the specific agencies responsible for transportation planning in various regions. It mentions eight entities, each designated as the transportation planning agency for its area. These include the Metropolitan Transportation Commission, the Tahoe Regional Planning Agency, and similar agencies for Placer, Nevada, El Dorado, Santa Cruz, and Monterey counties, as well as a consolidated agency under the Public Utilities Code.

Pursuant to subdivision (a) of Section 29532, each of the following entities is designated the transportation planning agency for its respective area:
(a)CA Government Code § 29532.1(a) The Metropolitan Transportation Commission created by Title 7.1 (commencing with Section 66500).
(b)CA Government Code § 29532.1(b) The Tahoe Regional Planning Agency created by interstate compact and ratified by Title 7.4 (commencing with Section 66800).
(c)CA Government Code § 29532.1(c) The Placer County Transportation Planning Agency created by Title 7.87 (commencing with Section 67910).
(d)CA Government Code § 29532.1(d) The Nevada County Transportation Planning Agency created by Title 7.88 (commencing with Section 67920).
(e)CA Government Code § 29532.1(e) The Transportation Agency for Monterey County created pursuant to Title 7.89 (commencing with Section 67930).
(f)CA Government Code § 29532.1(f) The Santa Cruz County Regional Transportation Commission created by Title 7.94 (commencing with Section 67940).
(g)CA Government Code § 29532.1(g) The El Dorado County Transportation Planning Agency created by Title 7.95 (commencing with Section 67950).
(h)CA Government Code § 29532.1(h) The consolidated agency created by Chapter 3 (commencing with Section 132350) of Division 12.7 of the Public Utilities Code.
transportation planning agency Metropolitan Transportation Commission Tahoe Regional Planning Agency ...

Section § 29532.4

Explanation

This law states that in specific Californian counties (Los Angeles, Orange, Riverside, San Bernardino), the local transportation commission should not be designated as the official transportation planning agency. Similarly, the Imperial Valley Association of Governments in Imperial County is also excluded from this role in its area.

Instead, for certain purposes under state Public Utilities Code, the term 'transportation planning agency' includes the county transportation commissions in these areas, plus Ventura and Imperial counties. The county auditors must allocate funds to public transportation bodies as decided by these commissions or government associations.

(a)CA Government Code § 29532.4(a) Notwithstanding subdivision (d) of Section 29532, the county transportation commission created in the Counties of Los Angeles, Orange, Riverside, and San Bernardino by Division 12 (commencing with Section 130000) of the Public Utilities Code shall not be designated by the Director of Transportation as the transportation planning agency for the area under its jurisdiction, and the Imperial Valley Association of Governments in Imperial County shall not be designated the transportation planning agency for the area under its jurisdiction.
(b)CA Government Code § 29532.4(b) Notwithstanding Section 29532, for the purposes of Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code, “transportation planning agency” means the county transportation commission created in the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura by Division 12 (commencing with Section 130000) of the Public Utilities Code, and also includes the County Transportation Commission in Imperial County. The county auditor in each of those counties shall pay to the public transportation entities in the county the amounts allocated by the respective commissions or that association of governments, as the case may be.
county transportation commission transportation planning agency Los Angeles County ...

Section § 29533

Explanation

If a county's transportation fund doesn't have enough money to cover allocations, the county needs to hold a public vote. This vote is to decide on handling the funding issue and can occur during regular or primary elections. The cost of this election will be covered by the transportation fund, but only if the relevant transportation planning agency approves it.

In the event that any allocation, if approved in accordance with Section 29532, would cause the county to incur any indebtedness or liability in any year in excess of the money in the local transportation fund for such year, the board of supervisors shall, upon notification from the transportation planning agency designated in Section 29532, call an election pursuant to Article 7 (commencing with Section 99320) of Chapter 4 of Part 11 of Division 10 of the Public Utilities Code. Such election may be consolidated with a general election or a direct primary election. The cost of such election shall, upon approval of the transportation planning agency designated in Section 29532, be paid from the transportation fund.
allocation approval county indebtedness transportation fund ...

Section § 29534

Explanation

This law requires the county auditor to maintain records and generate reports about the local transportation fund, following the guidelines set by the Director of Transportation or the Controller. This requirement started on July 1, 1987.

The county auditor shall keep records and make reports concerning the local transportation fund as the Director of Transportation or the Controller shall prescribe.
This section shall become operative on July 1, 1987.
county auditor local transportation fund records ...

Section § 29535

Explanation

This section explains how local transportation commissions are formed in certain California counties. If a county doesn't fall under a regional transportation planning agency or council of governments, a commission is created with members appointed by the board of supervisors and city officials. In areas with no cities, the board can appoint five members directly. Appointed members can also have alternates. These commissions have the power to hire staff, make contracts, and perform tasks needed to plan and manage transportation at a regional level.

Within each county which is not within the jurisdiction of a statutorily created regional transportation planning agency or a council of governments, a local transportation commission shall be established and composed of three members appointed by the board of supervisors, three members appointed by the city selection committee of the county or by the city council in any county in which there is only one incorporated city, and, where applicable, three members appointed by a transit district and one member representing, collectively, the other transit operators in the county.
However, in a county in which there are no incorporated cities, five members may be appointed to the commission by the board of supervisors. The appointments to the commission may include members of the board of supervisors, the city councils, the transit district, and other local transit operators.
The appointing authority, for each regular member it appoints, may appoint an alternate member to serve in place of the regular member when the regular member is absent or disqualified from participating in a meeting of the commission.
A local transportation commission may employ staff, enter into contracts, and conduct other activities necessary to fulfill its responsibilities as a regional transportation planning agency and local transportation commission.
local transportation commission regional transportation planning county board of supervisors ...

Section § 29536

Explanation

This section allows counties that are not part of a regional transportation agency but have a council of governments to create a local transportation commission with the agreement of most cities within the county. For counties with less than 500,000 people or those with many county roads, certain appointed members can't vote on certain transportation fund claims. For larger counties, members from certain cities and transit districts also can't vote on specific claims. Both the local commission and council of governments must review fund applications within 60 days. If there's no objection, the council's approval is assumed. If objected, payments are halted until resolved.

A county that is not included within the jurisdiction of a statutorily created regional transportation agency but for which there is a council of governments may, pursuant to this section, elect, with the concurrence of a majority of the cities which include at least 50 percent of the incorporated population within the county, to form a local transportation commission pursuant to Section 29535. Applications for funds may be allocated by the local transportation commission only if the council of governments has not objected to the application. For those counties with a population of 500,000 or more, as determined under Section 28020 of the Government Code, as now or hereafter amended, but excluding counties with more than 4,500 miles of maintained county roads as of 1970, the members appointed by the city selection committee of the county from a city for which a transit service is provided and the members appointed by a transit district and the member representing other transit operators shall have no vote in the approval of the claims filed under Article 8 (commencing with Section 99400), Chapter 4, Part 11, Division 10 of the Public Utilities Code. For those counties with a population of less than 500,000, as determined under Section 28020 of the Government Code, as now and hereafter amended, and for counties with a population of 500,000 or more, as determined under Section 28020 of the Government Code, as now or hereafter amended, and with more than 4,500 miles of maintained county roads as of 1970, the members appointed by the city selection committee of the county from a city for which all of the proportion of the total revenues placed by the county in the local transportation fund that the city’s population bears to the total of the county population is used to pay approved claims filed under Article 4 (commencing with Section 99260), Chapter 4, Part 11, Division 10 of the Public Utilities Code, and the members appointed by a transit district, and the member representing other transit operators shall have no vote in the approval of the claims filed under Article 8 (commencing with Section 99400), Chapter 4, Part 11, Division 10 of the Public Utilities Code.
Applications for funds shall be submitted to both the local transportation commission and the council of governments, which shall have 60 days after the receipt of applications to notify the local transportation commission and the county auditor of any objection. If neither the local transportation commission nor the county auditor receive notice of objection, the approval of the council of governments shall be presumed. Applications for funds to which the council of governments has objected shall not be paid by the county auditor until the objection has been removed.
local transportation commission council of governments transportation fund claims ...