2005 California Government Code Sections 29530-29536 Article 11. Transportation Fund

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) 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.
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) 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) 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) 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.
29530.5.  (a) Notwithstanding any other provision of this article,
the Board of Supervisors of the County of Orange may, upon the
adoption of a resolution approved by a majority of all of its
members, unilaterally modify its contract, as specified in Section
29530 with the State Board of Equalization, to require that,
effective on or after July 1, 1996, except to the extent that
subdivision (b) applies during any period, county sales and use tax
revenues specified in Section 29530 be deposited into the county
general fund payable, on a monthly basis, in an amount equal to three
million one hundred sixty-six thousand six hundred sixty-seven
dollars ($3,166,667).
   (b) (1) If the county has elected to guarantee payment of its
obligations under an agreement to finance the lease or lease-purchase
of property through the execution and delivery or issuance, as the
case may be, of certificates of participation or lease revenue bonds
pursuant to subdivision (a) of Section 25350.7, the amounts required
to be deposited in the general fund of the county, in any month,
pursuant to subdivision (a) shall be reduced by the amounts, if any,
transferred by the Controller to the trustee for the certificates of
participation or lease revenue bonds pursuant to subdivision (a) of
Section 25350.7.
   (2) If the county has elected to guarantee payment of its
obligations under an agreement to finance the lease or lease-purchase
of property through the execution and delivery or issuance, as the
case may be, of certificates of participation or lease revenue bonds
pursuant to subdivision (b) of Section 25350.7, the amounts required
to be deposited in the general fund of the county, in any month,
pursuant to subdivision (a) shall be reduced by the amounts
transferred by the Controller to the trustee for the certificates of
participation or lease revenue bonds pursuant to subdivision (b) of
Section 25350.7.
   (c) This section shall not take effect unless and until (1) a plan
of adjustment is confirmed in Case No. SA-94-22272-JR in the United
States Bankruptcy Court for the Central District of California, or
(2) a trustee is appointed pursuant to Chapter 10 (commencing with
Section 30400).
   (d) In enacting this section, the Legislature intends that the
provisions of Chapter 746 of the Statutes of 1995 shall not be
utilized to justify reductions in existing bus and paratransit
services.
   (e) The modification authorized by this section does not apply to
the City of Laguna Beach.
   (f) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
29530.6.  (a) Notwithstanding any other provision of law, the board
of supervisors for any county of the second class may, upon the
adoption of a resolution approved by a majority of all of its
members, unilaterally modify its contract with the State Board of
Equalization, as described in Section 29530, to require that, except
to the extent that subdivision (c) applies during any period, county
sales and use tax revenues described in Section 29530 be deposited
into the county general fund in the amounts specified in subdivision
(b).
   (b) The amounts specified in this subdivision are:
   (1) Amounts equal to amounts required to be repaid pursuant to, or
as a consequence of, the final determination described in paragraph
(1) of subdivision (d).
   (2) Amounts equal, on a monthly basis, to three million one
hundred sixty-six thousand six hundred sixty-seven dollars
($3,166,667).
   (c) (1) If a county has elected to guarantee payments of its
obligations under an agreement to finance the lease or lease-purchase
of property through the execution and delivery or issuance, as the
case may be, of certificates of participation or lease revenue bonds
pursuant to subdivision (a) of Section 25350.75, the amounts required
to be deposited in the general fund of the county, in any month,
pursuant to subdivision (a) shall be reduced by the amounts, if any,
transferred by the Controller to the trustee for the certificates of
participation or lease revenue bonds, pursuant to subdivision (a) of
Section 25350.75.
   (2) If a county has elected to guarantee its obligations under an
agreement to finance the lease or lease-purchase of property through
the execution and deliverance or issuance, as the case may be, of
certificates of participation or lease revenue bonds pursuant to
subdivision (b) of Section 25350.75, the amounts required to be
deposited in the general fund of the county, in any month, pursuant
to subdivision (a) shall be reduced by the amounts transferred by the
Controller to the trustee for the certificates of participation or
lease revenue bonds, pursuant to subdivision (b) of Section 25350.75.
   (d) This section shall become operative:
   (1) With respect to the amounts specified in paragraph (1) of
subdivision (b) on the date that a court of appellate jurisdiction
renders a final determination invalidating Chapter 746 of the
Statutes of 1995 to the extent that the final determination requires
repayment of the funds transferred under that chapter.
   (2) With respect to the amounts specified in paragraph (2) of
subdivision (b) beginning with the first month for which a deposit
required to be made by subdivision (a) of Section 29530.5 is not
made.
   (e) In enacting this section, the Legislature intends that the
provisions of this act shall not be utilized to justify reductions in
existing bus and paratransit services.
   (f) The modification authorized by this section is not applicable
to the City of Laguna Beach.
   (g) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
29531.  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.
29532.  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) For a county included within the jurisdiction of a statutorily
created regional transportation planning agency, that agency.
   (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) 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) 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.
29532.1.  Pursuant to subdivision (a) of Section 29532, each of the
following entities is designated the transportation planning agency
for its respective area:
   (a) The Metropolitan Transportation Commission created by Title
7.1 (commencing with Section 66500).
   (b) The Tahoe Regional Planning Agency created by interstate
compact and ratified by Title 7.4 (commencing with Section 66800).
   (c) The Placer County Transportation Planning Agency created by
Title 7.91 (commencing with Section 67910).
   (d) The Nevada County Transportation Planning Agency created by
Title 7.92 (commencing with Section 67920).
   (e) The Transportation Agency of Monterey County created pursuant
to Title 7.93 (commencing with Section 67930).
   (f) The Santa Cruz County Regional Transportation Commission
created by Title 7.94 (commencing with Section 67940).
   (g) The El Dorado County Transportation Planning Agency created by
Title 7.95 (commencing with Section 67950).
   (h) The consolidated agency created by Chapter 3 (commencing with
Section 132350) of Division 12.7 of the Public Utilities 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) 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 Imperial Valley Association of Governments 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.
29533.  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.
29534.  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.
29535.  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.
29536.  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.