AMENDED IN SENATE MARCH 24, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

98

Introduced by Senator Jones

January 30, 2025

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An act to amend Section 132351 132351.1 of the Public Utilities Code, relating to the San Diego Association of Governments.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

The San Diego Regional Transportation Consolidation Act establishes a 21-member board of directors to govern the San Diego Association of Governments (SANDAG). The act requires 2 supervisors from the San Diego County Board of Supervisors to serve on the SANDAG board of directors. The act refers to these directors as primary and secondary representatives. The act requires one of these directors to be from a district that is substantially an incorporated area and the other to be from a district that is substantially an unincorporated area.

This bill would replace the secondary representative from the San Diego County Board of Supervisors on the SANDAG board of directors with a resident of an unincorporated area of the County of San Diego that is selected by, and subject to recall by, a majority of the community planning groups in the County of San Diego. The bill would provide for an alternative to serve on the SANDAG board of directors if the secondary representative is not available. The bill would eliminate the requirement that one of the San Diego County Board of Supervisors on the SANDAG board of directors be from a district that is substantially an incorporated area and the other to be from a district that is substantially an unincorporated area. To the extent the bill would impose additional duties on local agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the San Diego Regional Transportation Consolidation Act, provides for the reorganization of transportation responsibilities in the San Diego region by the consolidation of the San Diego Association of Governments and the transit operations of 2 specified transit boards.

This bill would make nonsubstantive changes to provisions of the act that describe generally the nature of this consolidation.

The people of the State of California do enact as follows:

SECTION 1.

Section 132351.1 of the Public Utilities Code is amended to read:

132351.1.

(a) A board of directors consisting of 21 members shall govern the consolidated agency.

(b) For purposes of this chapter, “governing body” means the board of supervisors, council, council and mayor where the mayor is not a member of the council, authority, trustees, director, commission, committee, or other policymaking body, as appropriate, that exercises authority over an entity represented on the board of the consolidated agency.

(c) All powers, privileges, and duties vested in or imposed upon the consolidated agency shall be exercised and performed by and through a board of directors provided, however, that the directors. The exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board, board to any of the offices, officers, or committees created pursuant to this chapter or created by the board acting pursuant to this chapter.

(d) The board shall be composed of one primary representative selected by the governing body of each city in the county and a member of the San Diego County Board of Supervisors. However, the City of San Diego and the County of San Diego shall each have a primary and secondary representative, which for the City of San Diego shall be the mayor of the City of San Diego and the president of the city council. Each Except as provided in subdivision (e), each director shall be a mayor, councilperson, or supervisor, as applicable, of the governing body that selected him or her, them, and shall serve until recalled by the governing body of the city or county. Vacancies shall be filled in the same manner as originally selected. Each city or county shall also select one alternate to serve on the board when the primary or secondary representative, if applicable, is not available. The alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the representative for whom he or she the alternative is substituting. The alternate shall be a mayor, councilperson, or supervisor, as applicable, of his or her their governing body.

(e) Notwithstanding subdivision (d), in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an incorporated area, a supervisor who represents a district that is substantially an unincorporated area shall be appointed to the board as the secondary representative. Alternatively, in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an unincorporated area, a supervisor who represents a district that is substantially an incorporated area shall be appointed to the board as the secondary representative.

(e) (1) The secondary representative for the County of San Diego shall be a resident of an unincorporated area of the County of San Diego and shall be selected by a majority of the community planning groups in the County of San Diego. This secondary representative shall serve a one-year term that begins on January 1 of each year and shall be subject to recall by a majority of the community planning groups in the County of San Diego.

(2) The alternate for the secondary representative for the County of San Diego shall be a resident of an unincorporated area of the County of San Diego and shall be selected by a majority of the community planning groups in the County of San Diego. This alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the secondary representative.

(f) At its discretion, each city or county may select a second alternate, in the same manner as the first alternate, to serve on the board in the event that neither both the primary representative nor and the first alternate is able are unable to attend a meeting of the board. This alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the primary representative.

(g) The board may allow for the appointment of advisory representatives to sit with the board but in no event shall board, but those representatives shall not be allowed a authorized to vote. The current advisory representatives to the San Diego Association of Governments may continue their advisory representation on the consolidated agency at the discretion of their governing body. The governing bodies of the County of Imperial and the cities in that county may collectively designate an advisory representative to sit with the board.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.
Section 132351 of the Public Utilities Code is amended to read:
132351.
The consolidation of the San Diego Association of Governments and the transit boards shall consolidate responsibilities under the organization and governance structure and with the powers, duties, functions, and authority in this chapter.