Section § 180200

Explanation

This law is about how public transportation funding should work in California. It says that any new funds from this chapter are meant to add to, not replace, the money local governments are already using for public transportation. They also want local governments to keep spending the same amount they are now on transportation.

The law encourages using 'pay-as-you-go' methods, meaning they should pay for transportation projects as they have the funds, over taking on debt. However, if this approach isn't possible due to the size of the project, they allow using bonds (a form of borrowing) instead.

The Legislature, by the enactment of this division, intends that the additional funds provided governmental agencies by this chapter shall supplement existing local revenues being used for public transportation purposes and that local governments maintain their existing commitment of local funds for transportation purposes.
The Legislature further intends that transportation authorities utilize “pay-as-you-go” financing as the preferred method of funding transportation improvements and operations authorized by Section 180205, and that bond financing be utilized as an alternative method of funding, where the scope of the planned expenditures makes “pay-as-you-go” financing unfeasible.

Section § 180201

Explanation

This law allows a county to impose a retail transactions and use tax, which applies to both cities and unincorporated areas within the county. The tax can only be implemented if a two-thirds majority of the local authority approves it, followed by approval from voters in an election. A transportation plan must also be in place. Once approved, the tax remains active for as long as described in the tax law.

If the county wants to extend or reimpose the tax after its initial period, the same voting procedures apply: a two-thirds vote by the authority and then a majority vote by the electors.

A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of a county may be imposed by the authority in accordance with this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if the tax ordinance is adopted by a two-thirds vote of the authority and imposition of the tax is subsequently approved by a majority of the electors voting on the measure, or by any otherwise applicable voter approval requirement, at a special election called for that purpose by the board of supervisors, at the request of the authority, and a county transportation expenditure plan is adopted pursuant to Section 180206.
A retail transactions and use tax approved by the electors shall remain in effect for the period of time specified in the tax ordinance. The tax may be continued in effect, or reimposed, by a tax ordinance adopted by a two-thirds vote of the authority and the reimposition of the tax is approved by any applicable majority of the electors.

Section § 180202

Explanation

This law states that when an authority introduces a new tax, it must clearly describe what the tax is for, set the tax rate or the maximum rate, and indicate how long the tax will last. The money from the tax should be used for specific purposes that must be outlined in the ordinance. The tax rate can increase in small steps of one-quarter of a percent but cannot be more than 1% in total.

The proposal for the tax must also set a limit on how much money the entity can spend, as required by the California Constitution.

The authority, in the ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or the maximum tax rate, shall specify the period during which the tax will be imposed, and shall specify the purposes for which the revenue derived from the tax will be used. The tax rate may be in 1/4 percent increments and shall not exceed a maximum tax rate of 1 percent.
The proposition shall include an appropriations limit for that entity pursuant to Section 4 of Article XIII B of the California Constitution.

Section § 180203

Explanation

This law outlines the procedures for conducting a special election in a county, specifically related to a county transportation measure as per previous Section 180201. If the measure gets approved, the county will be reimbursed for election costs. The election should follow the same rules as other county special elections. The sample ballot mailed to voters must include the full proposition and the transportation expenditure plan. However, if the plan is available on a website, the ballot can instead provide a notice with the website address and a phone number to request a printed copy, which will be sent for free. The website must be user-friendly to ensure easy access for voters.

(a)CA Public Utilities Code § 180203(a) The county shall conduct the special election called by the board of supervisors pursuant to Section 180201. If the measure is approved, the authority shall reimburse the county for its cost in conducting the special election.
(b)CA Public Utilities Code § 180203(b) The special election shall be called and conducted in the same manner as provided by law for the conduct of special elections by a county.
(c)Copy CA Public Utilities Code § 180203(c)
(1)Copy CA Public Utilities Code § 180203(c)(1) Except as otherwise provided in paragraph (2), the sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall be the full proposition, as set forth in the ordinance calling the election, and the voter information guide shall include the entire adopted county transportation expenditure plan.
(2)Copy CA Public Utilities Code § 180203(c)(2)
(A)Copy CA Public Utilities Code § 180203(c)(2)(A) A county elections official, upon the request of an authority that posts the entire adopted county transportation expenditure plan on an Internet Web site maintained by the authority, may comply with paragraph (1) by printing, in the sample ballot, immediately below the full proposition, and in the voter information guide, in no less than 10-point bold type, text substantially as follows: “The adopted county transportation expenditure plan may be viewed electronically at [insert applicable Internet Web site address]. If you desire a printed copy of the adopted county transportation expenditure plan, please call the county elections office at [insert applicable telephone number] and one will be mailed to you at no cost.” If the county elections official exercises the authority under this paragraph, the county elections official shall provide a printed copy of the entire adopted county transportation expenditure plan by mail to each person requesting a copy.
(B)CA Public Utilities Code § 180203(c)(2)(A)(B) A county that posts the entire adopted county transportation expenditure plan on an Internet Web site pursuant to subparagraph (A) shall ensure that the plan is posted in a manner that is easily accessible to voters.

Section § 180204

Explanation

This law states that if a new tax on transactions and use is adopted, it will go into effect on the first day of the next quarter that starts more than 110 days after the tax is approved. Before the tax takes effect, the involved authority must arrange for the State Board of Equalization to handle the tax's administration and management.

(a)CA Public Utilities Code § 180204(a) Any transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 110 days after adoption of the ordinance.
(b)CA Public Utilities Code § 180204(b) Prior to the operative date of the ordinance, the authority shall contract with the State Board of Equalization to perform all functions incidental to the administration and operation of the ordinance.

Section § 180205

Explanation

This law states that money collected from specific taxes can be used for building and improving state highways, local streets, and roads as well as public transit systems. 'Public transit systems' also include services for people who may need extra assistance, known as paratransit services.

The revenues from the taxes imposed pursuant to this chapter may be allocated by the authority for the construction and improvement of state highways, the construction, maintenance, improvement, and operation of local streets, roads, and highways, and the construction, improvement, and operation of public transit systems. For purposes of this section, “public transit systems” includes paratransit services.

Section § 180206

Explanation

This section outlines the process for creating and approving a county transportation expenditure plan in California. The plan details how tax revenues and other funds will be used for transportation improvements within a specified period. It must be approved by both the county's board of supervisors and city councils representing the majority of the cities and population in urban areas before adoption. Additionally, the plan must be finalized before the election mentioned in the related code section.

(a)CA Public Utilities Code § 180206(a) A county transportation expenditure plan shall be prepared for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed.
(b)CA Public Utilities Code § 180206(b) A county transportation expenditure plan shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county.
(c)CA Public Utilities Code § 180206(c) The plan shall be adopted prior to the call of the election provided for in Section 180201.

Section § 180207

Explanation

This law allows an authority to review and suggest changes to the county transportation expenditure plan every year. The goal is to accommodate additional funds, unexpected revenues, or unforeseen circumstances. It requires informing the county's board of supervisors and the city councils about any proposed changes, which will take effect 45 days after they are notified.

(a)CA Public Utilities Code § 180207(a) The authority may annually review and propose amendments to the county transportation expenditure plan adopted pursuant to Section 180206 to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances.
(b)CA Public Utilities Code § 180207(b) The authority shall notify the board of supervisors and the city council of each city in the county and provide them with a copy of the proposed amendments.
(c)CA Public Utilities Code § 180207(c) The proposed amendments shall become effective 45 days after notice is given.