Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
Except when the context otherwise requires, the definitions given in this chapter govern the construction of this chapter.
California Revenue and Taxation Code — §§ 8500-8526
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Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
Except when the context otherwise requires, the definitions given in this chapter govern the construction of this chapter.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
As used in this chapter, the following definitions have the following meanings:
indebtedness and securities of any kind or class, including bonds, notes, bond anticipation notes, and commercial paper.
Amended by Stats. 2000, Ch. 1053, Sec. 49. Effective January 1, 2001. Operative January 1, 2002, by Sec. 53 of Ch. 1053.
The commission may impose, in addition to any other tax authorized by this division, a tax on the privilege of selling within the region, motor vehicle fuel, as defined by Section 7326. The tax shall not apply to motor vehicle fuel used to power aircraft. The tax shall be levied at a rate established by the commission, but not exceeding ten cents ($0.10) per gallon. Commencing on January 1 of the year following the election approving the tax, the tax may be imposed for a period not to exceed 20 years.
Amended by Stats. 2002, Ch. 161, Sec. 1. Effective January 1, 2003.
expenditures shall reflect an equitable distribution of revenues throughout the region with not less than 95 percent of revenues from each county, based on population, being invested over the 20-year life of the tax in projects attributable to that county. In addition, during every five-year period, no less than 80 percent of the revenues from each county, based on population, invested during that period shall be invested in projects attributable to that county. The commission shall allocate any accrued interest according to the same formula. At the time of the development of the expenditure plan, the commission shall use population data from the most recent United States census, and shall take into account estimated increases in population over the 20-year period projected by the Association of Bay Area Governments.
congestion management program, or a countywide transportation plan. The commission shall, in prioritizing projects in the expenditure plan, give additional consideration to projects where local land use policies reduce dependence on single-occupant motor vehicle travel. The expenditure plan development process shall include consultation with cities, counties, transit operators, congestion management agencies, and other interested groups.
for inclusion in the expenditure plan, a project shall meet at least one of the following regional transportation needs:
over a multiyear timeframe, including, but not limited to, expansion or realignment of the roadway.
activities, including projects consistent with the commission’s Transportation for Livable Communities (TLC) Program and the Housing Incentive Program (HIP).
Amended by Stats. 1999, Ch. 724, Sec. 13. Effective January 1, 2000.
with state or local measures on the ballot, but shall be set forth in a separate category and shall be identified as Regional Measure 2.
“Shall The Metropolitan Transportation Commission be authorized to impose a tax of ____ per gallon on the sale of gasoline to build and operate transportation projects identified in the expenditure plan adopted by the commission?”
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
Upon approval of the measure by the margin of voters within the region voting at a local election as determined necessary by the California Constitution or other applicable statutory provisions, the commission may impose the tax in all counties in the region in which the measure appeared on the ballot.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The commission shall contract with the State Board of Equalization for the administration of any tax imposed under this chapter, and the board shall be reimbursed for its actual cost in the administration of the tax and for its actual cost of preparation to administer the tax based upon an independent audit.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The State Board of Equalization shall adopt the necessary rules and regulations to administer the tax.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
After deducting its cost of administering the tax, the State Board of Equalization shall periodically transmit the net revenues to the commission as promptly as possible. Transmittal of those revenues shall be made at least twice in each calendar quarter.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The net revenues received by the commission shall be expended only in accordance with the regional transportation expenditure plan adopted pursuant to Section 8503, except that the commission may deduct from those revenues funds to reimburse it for expenses incurred in the initial implementation of this chapter, and thereafter, its cost of administration, not to exceed 1 percent of annual net revenues.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
In order to be eligible for funds derived from the tax, project sponsors shall comply with all applicable commission rules and regulations including, but not limited to, those adopted pursuant to Section 66516 of the Government Code and Sections 99244 and 99246 of the Public Utilities Code. In consultation with cities, counties, transit operators, congestion management agencies, and other interested groups, the commission shall also develop and implement a program to ensure that project sponsors expend funds derived from the tax in an efficient and effective
manner. No operating or maintenance funding provided from the tax shall be used to supplant any funds within the discretionary control of the recipient agency that are used for existing transportation operating or maintenance activities.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The commission’s regional transportation expenditure plan shall include a process of ensuring periodic public review of the progress of the regional transportation expenditure plan and citizen oversight.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The commission may, by a two-thirds vote, amend the regional transportation expenditure plan after a minimum of two public hearings in accordance with Section 8511. Any amendment shall comply with all of the requirements for the plan prescribed by this chapter.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the tax, as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds, or bond anticipation notes for which funds necessary for the payment thereof have been set aside for that purpose in a trust or escrow account.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The bonds may be secured by a pledge of revenues from the proceeds of the tax.
tax for “pay-as-you-go” financing, except to the extent that this priority is expressly restricted in the resolution authorizing the issuance of the bonds.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
Limited tax bonds shall be issued pursuant to a resolution adopted at any time by a two-thirds vote of the commission. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the commission, except that the first interest payable on the bonds, or any series thereof, may be for any period not exceeding one year, as determined by the commission.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
In the resolution authorizing the issuance of the bonds, the commission may also provide for the call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified. However, no bond is subject to call or redemption prior to maturity, unless it contains a recital to that effect or unless a statement to that effect is printed.
Added by Stats. 1997, Ch. 878, Sec. 1. Effective January 1, 1998.
The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the commission, or at other places as may be designated, or at both the office and other places at the option of the holders of the bonds.
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