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FROM: TRANSPORTATION, WATER AND INFRASTRUCTURECosta
COMMITTEE (SUPERVISOR JOHN GIOIA, CHAIR)
Count
DATE. MARCH 3, 2043
SUBJECT: Committee Re ort on Transportation Legislation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
9) ADOPT positions for six transportation bills as recommended by the Committee
AB 1410, Surplus land and transit stations - SUPPORT
ACA 7, Transportation funding, sales tax- SUPPORT IN CONCEPT
SB 465, Transit village planning guidelines - SUPPORT
SB 541, Motor vehicle fuel taxes - SUPPORT
SB 916, Toll bridge revenues - SUPPORT IN CONCEPT
SCA 2, Transportation funding, sales tax, smart growth - SUPPORT IN CONCEPT
2) AUTHORIZE staff to communicate these positions to the appropriate legislators; and
3) AUTHORIZE the Chair to sign a letter to Senator Perata regarding the inclusion of
Richmond ferry service in the Bay Area Bridge Toll expenditure plan for SB 916.
FISCAL IMPACT
NONE to the General Fund. Some of the bills, if successful in the legislature and at the ballot
box,will generate additional revenue for transportation improvements in Contra Costa County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Transportation, Water and Infrastructure Committee on March 3 reviewed 15 bills that
have been introduced in the Legislature that relate to the Board's adopted transportation
legislative goals for 2003. Supervisor Gerber did not attend this Committee meeting.
Watts,the
the bills was provided to the Committee by Mark Watts of Smith, Kempton &
q
Y Y atts,the County's transportation advocacy firm in Sacramento. At this time,the Committee
focused its recommendations on six bills that relate to specific transportation legislation goals
CONTINUED ON ATTACHMENT: X YES
RECOMMENDATIONCOUNTY AD UIINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S): isor John Gioia Supervisor Donna Gerber
ACTION OF BOARD bN March 11, 2003 _ APPROVED AS RECOMMENDED x OTHER x
** SEE ATTACHED ADDENDUM**
VOTE of SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE'
X UNANIMOUS
(ABSENT Mone ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOBS: -R-) AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN:
DISTRICT III SEAT VACANT BOARD OF SUPERVISORS ON THE DATE'
SHOWN.
Contact: John Greltzer 1 (9251335-1201) ATTESTED March 11, 2003
cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF
Public Works THE BOARD OF SUPERVISORS
S. Hoffman, CAO AND COUNTY ADMINISTRATOR
Smith, Kempton and Watts (via CDD)
r, 1'
B ' , DEPUTY
G:\Transoortation\Greltzer\Board Order\DraftUealslation march I I Aoc t—" "—
COMMITTEE REPORT ON TRANSPORTATION LEGISLATION
T MAROH 3, 2003
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (CONTINUED)
adopted by the Board of Supervisors in December 2002. As a result of the discussions, the
Committee recommends the Board adopt the following positions. The adopted transportation
legislation goals are shown in Exhibit A. The full texts of the bills are in Exhibit B.
AB 1410 (Wolk, D-Davis) — Surplus land for transit-oriented development Support
This bill would require all state agencies to make surplus lands available for sale or lease to
local agencies for purposes of transit-oriented development. Surplus state property within one
third of a mile of a transit station would first be offered for sale or exchange to specified local
agencies, subject to certain conditions. The Committee recommends a position of"Support.,'
This bill relates to the County's transportation goal # 8, transit-oriented planning.
ACA 7 (Dutra, D-Fremont) —Majority threshold for transportation sales tax measures Support
in concept, subject to future amendments
One of several bills dealing with this subject,ACA 7 would reduce the threshold for passage of
a transportation sales tax to 55 percent of the voters. Cities, counties and regional
transportation agencies would be authorized to bring such measures to the ballot. The
transportation sales tax measures could be for 20 to 30 years, under this bill. Current state
law caps the duration of such measures at 20 years. The Committee recommends a position
of "Support in concept" in recognition that the bill will be subject to changes as this issue is
debated via this and several other bills on this topic.
This bill relates to County transportation goal #1, funding for transportation improvements.
SB 485 (Soto, D-Pomona) —Transit village planning guidelines Support
This bill would require the State Office of Planning and Research to convene a task force to
develop statewide guidelines incorporating the best available techniques and practices for the
planning and design of transit villages. The bill requires the guidelinesbe completed and
published by October 1, 2004. The guidelines would serve as advisory guidelines to local
agencies in developing transit villages.
This bill relates to County transportation goal #8, transit-oriented planning.
SB 541 (Torlakson, D-Antioch) -- Motor vehicle fuel taxes Support
Sponsored by the Metropolitan Transportation Commission, this bill would require inflation
adjustments to the state fuel tax rate. Current law sets the fuel tax rate at 18 cents per gallon,
but requires it to be increased if the federal fuel tax falls below 9 cents per gallon so the
combined state and federal rate will remain at 27 cents per gallon. Current law has no
provision for adjusting the rate to account for inflation.
This bill relates to County transportation goal #1, funding for transportation improvements.
SB 915(Perata, D-Oakland) —Toll bridge revenues) Support in concept,subject to future
amendments.
This bill would dune the Bay Area Toll Authority as a separate entity from the Metropolitan
Transportation Commission, but governed by the same board as MTC. The Bay Area Toll
Authority would be responsible for programming, administering and allocating bridge toll
revenues from the state-owned bridges in the Bay Area (all bridges except the Golden Cate
Bridge). The bill in its current form doesn't include the expenditure plan outlining the projects
that would receive bridge toll revenues if voters approve the $1 bridge toll increase in 2004.
However, it is expected the expenditure plan will be added to this bill when complete. The
Committee recommends a position of "Support in concept" since it isn't yet known to what
extent Contra Costa County projects will be included in the final expenditure plan. Exhibit C is
a letter proposed for the Chair's signature, asking Senator Perata to include the Richmond
ferry project in the expenditure plan.
This bill relates to County transportation goal #1, funding for transportation improvements.
G:tTransportation\GreftzeriBoard Order\DraftUegisiation march t 1.doc
COMMITTEE REPORT ON TRANSPORTATION LEGISLATION
MAR(`H 3,2003
Page 3
BACKGRQUNDIREASONS FOR RECOMMENDATIONS (CONTINUED)
SCA 2 (Torlakson, D-Antioch)-- Majority threshold for transportation/smart growth sales tax
measures Support in concept
This bill would set a majority threshold of 50 percent of voters, for passage of transportation
sales tax measures that have a smart growth component. The current bill provides for 25
percent of the revenue to go to smart growth planning, although Senator Torlakson has
indicated he is willing to revisit this aspect of the bill. The Committee recommends a position
of "Support in concept" in recognition that the bill will be subject to changes as this issue is
debated via this and several other bills on this topic.
This bill relates to County transportation goal #1, funding for transportation improvements.
Letter to Senator Perata reggardim Richmond fey service and the Bay Area Bride Toll
expenditure plan.
The Transportation, Water and Infrastructure Committee also recommends the Board of
Supervisors authorize the Chair to sign the letter in Exhibit C to Senator Perata, asking him to
include Richmond ferry service in the expenditure plan for the proposed$1 increase in Bay
Area bridge tells. The expenditure plan compiled to date by Senator Perata's staff includes
ferry projects in San Francisco, Larkspur, Vallejo, Alameda, Oakland, and Berkeley/Albany.
No ferry projects in Contra Costa County are included to date, although the County last year
informed Senator Perata's office of its interest in advancing ferry projects at four sites —
Richmond, Hercules/Rodeo, Martinez, and Antioch. All four are included in the long-range
ferry plan recently developed by the Bay Area Water Transit Authority, with Richmond in the
short-term plan and the other sites in the longer-term plan. Senator Perata's office has
indicated the County could improve its chances of having a ferry site included in the plan if one
of the four sites is identified as the County's priority.
The Committee recommends Richmond be identified as the County's first priority ferry site for
the Bridge Toll expenditure plan, since Richmond has ferry facilities already developed and it
has had ferry service in the recent past. The other ferry sites (Hercules/Rodeo, Martinez and
Antioch)are considered longer-term prospects. The letter in Exhibit C asks Senator Perata to
include a Richmond ferry project (capital and operating funds) in the Bridge Toll expenditure
plan. As noted above, it is expected that the expenditure plan will be amended into SB 916,
Senator Perata's bill which establishes the Bay Area Toll Authority as a separate entity from
MTC, responsible for administering the bridge toll revenue program. The Contra Costa
Transportation Authority has already adopted a position on the potential use of revenue
generated by the proposed increase in bridge tolls. A courtesy copy of the Board's letter will
be sent to the Authority.
G:\'transportation\GreltzeriBoard OrdeADraftllegisiation march t 1.doc
ADDENDUM TO ITEM SD.8
March 11, 2003
The Board of Supervisors considered the report on Transportation Legislation from the
Transportation,Nater and Infrastructure Committee.
Supervisor Gioia presented the recommendations by the Committee of their positions for six
transportation bills: AB 1410, Surplus Land and Transit Stations- Support,ACA 7,
Transportation Punning, Sales Tact- Support in Concept, SB 465,Transit Village Planning
Guidelines- Support,SB 541 Motor Vehicle Fuel Taxes-Support, SB 916,Toll Bridge
Revenues- Support in Concept and SCA 2,Transportation Funding, Sales Tax, Smart Growth-
Support in Concept. Supervisor Uilkema requested that the Board should remove from
consideration SCA 2 and discuss this bill in the future when they have more information.
Supervisor DeSaulnier requested staff to communicate with Senator Torlakson and his staff
advising them that the Board,would like to work with them as this bill evolves.
Supervisor Gioia then moved transportation bills AB 1410, Surplus Land and Transit Stations-
Support; ACA.7,Transportation Funding, Sales Tax-Support in Concept; SB 465,Transit
Village Planning Guidelines- Support; and SB 541,Motor Vehicle Fuel Taxes- Support.
Supervisor Uilkema seconded the motion.
Vote of the Supervisors:
AYES: Gioia,Uilkema, Glover and DeSaulnier
DUES: None
ABSENT: None
ABSTAIN:None
**District III seat is vacant***
Supervisor Gioia then moved to adopt the Transportation Bill SB916, Toll Bridges Revenue-
Support in Concept,and directed staff to return this matter to the Board in the near future with a
re-drafted letter to Senator Perata identifying the four possible sites,Richmond,Hercules/Rodeo,
Martinez, designating Richmond as the priority site. In addition, Supervisor DeSaulnier asked
that staff obtain statistics on the expenditures for bridge toll paid by Contra Costa County
residents.
The chair invited those who wished to addresss the Board and the following person presented
testimony:
Jahn Wolfe,Contra Costa County Taxpayers Association, 600 Las Juntas,Martinez
The Board then took the following action:
March 11,2003
D.8
Page 2
• ADOPTED positions for transportation bills: supporting AB 1410 Surplus Land
and Transit Stations, SB 465 Transit Village Planning Guidelines; SB 541 Motor
Vehicles Fuel Taxes; Supporting in concept ACA 7 Transportation Funding, Sales
Tax, and supporting in concept subject to future amendments SB 916,Toll Bridge
Revenues;
• AUTHORIZED staff to communicate these positions to the appropriate
legislators;
• DIRECTED staff to draft a letter for Board consideration to Senator Perata
regarding the inclusion of four possible Contra Costa County Sites in the Bay
Area Toll Bridge Toll Expenditure Plan for SB 916,designating Richmond as the
priority site;
• FURTHER DIRECTED that this issue return to the Board when statistics on the
expenditures for bridge toll paid by Contra Costa residents is mailable;
EXHIBIT A
Goals For Transportation Legislation In 2003
Adopted by the Board of'Supervisors.December 17, 2002
1. SUPPORT Increased trans ortation fundin and rotection of current trans ortation funding. This goal
would focus on the development of, or support for, bills that would generate additional funding for
transportation in Contra Costa County. Any such efforts at creating new funding sources would be supported
only if there are no negative impacts on the state's General Fund. The goal also would involve opposition to
bills that would reduce existing fund for transportation, such as Proposition 42 revenue. Part of this goal will be
to seek full funding of the Caldecott Tunnel fourth bore project as a state-funding obligation. This goal would
also seek state assistance for public acquisition of the Union Pacific's Mococo rail line, which was recently
recommended by the Policy Committee for the State Route 4 East Corridor Transit Study,
2. SUPPORT rmknal coordination in addressing transportatio needs. Several transportation areas could
benefit from improved regional coordination among local government and transportation agencies at the policy
and planning level. Possible emphasis areas include, but are not necessarily limited to, improved coordination
of transit and paratransit service delivery; and a coordinated approach to providing future rail services that
benefit the County,and coordinated planning for major road improvement projects.
3. SUPPORT efforts to expand school transportation services and Un rove coordination between school
districts and local jurisdictions on school siting and plannfuL. This goal would address both the funding for
transportation of students to school where needed around the County, as well as fostering more coordination
between school districts and local jurisdictions when the districts are planning or siting school facilities.
Improved coordination would enable local jurisdictions to make better provisions for traffic circulation in and
around school areas,as well as plan safe routes to schools for students who are walking or bicycling to school.
4. SUPPORT efforts to improve safety and facilities for bicyclists,pedestrians,and others. This goal pertains
to the need for expanded programs and transportation facilities that promote safe and expanded travel
bybicyclists,pedestrians, wheelchair users where they share transportation facilities among themselves and with
others. A safe and expanded network of facilities for these users would help provide more travel alternatives,
improve safety,and expand access and mobility for all of Contra Costa County's residents.
5. SUPPORT efforts to advance inter-re i€� opal corridor improvements. This goal deals with development of
better transportation linkages between the County and other regions. One high-priority example is the
Brentwood-Tracy Expressway (also known as State Route 239), an un-built segment of the state highway
system that would run roughly from Brentwood to Tracy. Caltrans indicates multi-county coalitions would be
helpful in advancing the project at the state level. Legislative initiatives could focus either on funding for the
necessary plans and studies, or on authorization or direction for Caltrans to make the State Route 239 eligible
for the State's interregional Road Fund. Another example is upgrading Vasco Road and its connections with
other roads on both the Contra Costa and Alameda County side. Vasco Road has became a heavy commute
route for East County residents getting to Livermore area jobs. The road is only one lane in each direction. For
this goal,the Board would sponsor or support legislation to help advance these inter-regional projects.
6. SUPPORT fundinL, or incentives for the use of renewable resources in trans ortation construction
Projects, An increasing amount of recycled materials have been refined for use in construction projects,
including the construction of streets and highways. Rubberized asphalt concrete technology, for example,uses
discarded tires to create paving material that is superior to conventional asphalt in performance. Due to its
higher cost, its use is limited. This goal would support incentives for the manufacture and use of such materials
as long as they are well tested and safe for public use. Examples would include but are not limited to state grant
programs, tax credits to manufacturers, "bonus points" towards local jurisdictions' waste-reduction goals, and
state purchasing programs.
7. SUPPORT streamlinnine the delivery of transportation projects. This goal would support legislative
initiatives that would reduce the time and paperwork needed to bring a transportation project through planning,
engineering and design, and environmental review, to construction. Examples include, but are not necessarily
limited to, streamlining environmental review processes or combining NEPA and CEQA reviews, or
streamlining state and federal permitting requirements.
8. SUPPORT efforts to encourage or offer incentives for transit-oriented land-use plannine, and/or
development Transit-oriented development is important today and will become increasingly important as new
rail lines are planned and built, or new services begin,in East County and West County. While General Plans in
some jurisdictions accommodate transit-oriented development, other jurisdictions do not. This goal would
support legislation that would provide incentives or otherwise encourage local jurisdictions to: a) incorporate
transit-oriented development in their General Plans(particularly for areas expected to become rail station sites);
b)engage in transit-oriented development planning that uses community-based charrettes and c)implement any
existing plans for transit-oriented development.
AB 1410 —2—
The
2—The people of the State of California do enact asfollows:
1 SECTION 1. Section 54220 of the Government Code is
2 amended to read:
3 54220. (a) The Legislature reaffirms its declaration that
4 housing is of vital statewide importance to the health, safety, and
5 welfare of the residents of this state and that provision of a decent
6 home and a suitable living environment for every Californian is a
7 priority of the highest order. The Legislature further declares that
8 there is a shortage of sites available for housing for persons and
9 families of low and moderate income and that surplus government
10 land, prior to disposition, should be made available for that
11 purpose.
12 T#e
13 (b) The Legislature reaffirms its belief that there is an
14 identifiable deficiency in the amount of land available for
15 recreational purposes and that surplus land, prior to disposition,
16 should be made available for park and recreation purposes or for
17 open-space purposes. This article shall not apply to surplus
18 residential property as defined in Section 54236.
19 (c) The Legislature reaffirms its declaration of the importance
20 of appropriate planning and development near transit stations, to
21 encourage the clustering of housing and commercial development
22 around such stations. Studies of transit ridership in California
23 indicate that a higher percentage of persons who live or worn
24 within walking distance (one-third mile) of major transit stations
25 utilize the transit system more than the general public living
26 elsewhere. The Legislature also reaffirms that the federal
27 government gives priority for funding o,f rail transit proposals to
28 areas that are implementing higher-density, ' mixed-use
29 development near major-transit stations.
30 SEC. 2. Section 54222 of the Government Code is amended
31 to read:
32 54222. Any agency of the state and any local agency
33 disposing of surplus land shall,prior to disposing of that property,
34 send a written offer to sell or lease the property as follows:
35 (a) A written offer to sell or lease for the purpose of developing
36 low- and moderate-income housing shall be sent to any local
37 public entity as defined in Section 50079 of the Health and Safety
38 Code, within whose jurisdiction the surplus land is located.
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......._........ ......... _........ ........1......11.1.
_..... ............ .........
—3— AB 1410
1 Housing sponsors, as defined by Section 50074 of the Health and
2 Safety Code,shall,upon written request,be sent a written offer to
3 sell or lease surplus land for the purpose of developing low- and
4 moderate-income housing. All notices shall be sent by first-class
5 mail and shall include the location and a description of the
6 property. With respect to any offer to purchase or lease pursuant
7 to this subdivision, priority shall be given.to development of the
8 land to provide affordable housing for lower income elderly or
9 disabled persons or households, and other lower income
10 households.
11 (b) A written offer to sell or lease for park and recreational
12 purposes or open-space purposes shall be sent:
13 (1) To any park or recreation department of any city within
14 which the land may be situated.
15 (2) To any park or recreation department of the county within
16 which the land is situated.
17 (3) To any regional park authority having jurisdiction within
18 the area in which the land is situated.
19 (4) To the State Resources Agency or any agency which may
20 succeed to its powers.
21 (c) A written offer to sell or lease land suitable for school
22 facilities construction or use by a school district for open-space
23 purposes shall be sent to any school district in whose jurisdiction
24 the land is located.
25 (d) A written offer to sell or lease for enterprise zone purposes
26 any surplus property in an area designated as an enterprise zone
27 pursuant to Section 7073 shall be sent to the nonprofit
28 neighborhood enterprise association corporation in that zone.
29 (e) A written offer to sell or lease for the purpose of developing
30 a transit village or transit-oriented development shall be sent to
31 any county, city, city and county, redevelopment agency organized
32 pursuant to Part I (commencing with Section 33000) of Division
33 24 qf the Health and Safety Code,public transportation agency, or
34 housing authority within whose jurisdiction the surplus land is
35 located.
36 (1) A written offer to sell or lease any surplus property in a
37 designated program area, as defined in subdivision(i) of Section
38 7082, shall be sent to the program area agent.
39 (4j-
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AB 1410 —4-
1
4-1 (g) The entity or association desiring to purchase or lease the
2 surplus land for low- and moderate-income housing purposes, or
3 for park or recreation purposes, or for open-space purposes, or for
4 public school purposes, or for enterprise zone purposes, or,for a
5 transit village, shall notify in writing the disposing agency of its
6 intent to purchase or lease the land within 60 days after receipt of
7 the agency's notification of intent to sell the land.
8 SEC. 3. Section 118.7 is added to the Streets and Highways
9 Code, to read:
10 118.7. (a) Excess real property, which is located within
11 one-third mile of transit station, shall first be offered for sale or
12 exchange to local agencies as follows:
13 (1) To any city within which the land may be situated.
14 (2) To any county within which the land is situated.
15 (3) To any redevelopment agency organized pursuant to Part 1
16 (commencing with Section 33000) of Division 24 of the Health
17 and Safety Code, within which the land is situated.
18 (4) To any housing authority within which the land is situated.
19 (5) To any public transportation agency or district within which
20 the land is situated.
21 (b) (1) The public agency desiring to purchase such land for a
22 transit village or transit-oriented development shall notify the
23 department within 60 days of its intent to purchase the land after
24 receipt of the department's notification of intent to sell the land.
25 (2) if the public agency desiring to purchase the land and the
26 department are unable to arrive at a mutually satisfactory sales
27 price for the land during the 60-day period, the land may be
28 disposed of in the normal manner.
29 (c) The failure of the department to first offer excess real
30 property which consists of lands located within one-third mile of
31 a major public transit station to public agencies in which it is
32 located shall not affect the validity of any conveyance of the excess
33 real property to any person or entity unaware of the failure of the
34 department to do so; provided, however, that the department's
35 failure shall in no way be construed as releasing the department
36 from its responsibility to offer the property to public agencies first.
O
99
CALIFORNIA LEGISLATURE--2003--04 REGULAR SESSION
Assembly Constitutional Amendment No. 7
Introduced by Assembly Member Dutra
(Principal coauthor: Assembly Member Wolk)
January 14, 2003
Assembly Constitutional Amendment No. 7—A .resolution to
propose to the people of the State of California an amendment to the
Constitution of the State,by adding Article XIX C thereto,relating to
transportation.
LEG1SLArIVE C:OUNSEUS DIGEST
ACA 7,as introduced,Dutra. Transportation funding: sales and use
tax.
The California Constitution conditions the imposition of a special tax
by a city,county,or special district upon the approval of 2/3 of the voters
of the city, county, or special district voting on that tax, and prohibits
these entities from imposing an ad valorem tax on real property or a
transactions or sales tax on the sale of real property. Existing statutory
provisions and provisions in the California Constitution either impose
or authorize the imposition of state or local sales and use taxes upon the
gross receipts from the sale within the taxing jurisdiction of, or the
storage, use, or other consumption in this jurisdiction of, tangible
personal property.
This measure would authorize a county, a city and county, and a
regional transportation agency, as defined, notwithstanding any other
provision of the California Constitution, to impose an'additional sales
and use tax for a period of 20 to 30 years,as specified,at a rate of 0.5%
exclusively for transportation purposes within the jurisdiction of the
county, city and county, or regional transportation agency if the
99
F
ACA 7 —2—
additional
2—additional tax is approved by 55%of the voters of the jurisdiction voting
on the proposition to impose the tax.
This measure would require the revenues derived from these taxes to
be deposited in the Local Transportation Infrastructure Account,which
would be created in the State Transportation Fund. The measure would
require the State Board of Equalization to collect and administer the tax
revenue. The measure would require moneys in the account that were
collected in each county, city and county, or regional transportation
agency, less administrative costs and refunds, to be allocated by the
State Board of Equalization to the county, city and county, or regional
transportation agency imposing the tax, and to be used for specified
transportation purposes.
Vote: 2/3. Appropriation:no. Fiscal committee: yes. State-mandated
local program.: no.
1 Resolved by the Assenrbly, the Senate concurring, That the
2 Legislature of the State of California at its 2003-04 Regular
3 Session commencing on the second day of December 2002,
4 two-thirds of the membership of each house concurring, hereby
5 proposes to the people of the State of California that the
6 Constitution of the State be amended by adding .Article XIX C
7 thereto, to read:
8
9 ARTICLE XIX C {/CNH}
10
11
12 TRANSPORTATION IMPROVEMENT AND
13 MAINTENANCE ACT {/CNH}'
14
15 SECTION 1. (a) Notwithstanding;Section 4 of Article XIII A,
16 Section 2 of Article XIII C, or any other provision of this
17 Constitution, for the exclusive purpose of funding local and
18 regional transportation planning, research, design, construction,
19 operation, maintenance, and rehabilitation, and environmental
20 mitigation related to the impacts of transportation projects, a
21 county,a city and county, or a regional transportation agency may,
22 with the approval of 55 percent of the voters of the jurisdiction
23 voting on the proposition, impose the following; sales and use tax
24 within its jurisdiction:
99
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—3— ACA 7
1 (1) .For the privilege of selling tangible personal property at
2 retail, a sales tax upon all retailers at the rate of one-half of 1
3 percent of the gross receipts of any retailer from the sale of all
4 tangible personal property sold at retail in this state.
5 (2) An excise tax upon the storage,use, or other consumption
6 in this state of tangible personal property purchased from any
7 retailer for storage, use, or other consumption in this state at the
8 rate of one-half of 1 percent of the sales price of the property.
9 (b) (1) If a transactions and use tax of limited duration,
10 imposed for transportation purposes or general purposes,is not in
11 effect in the jurisdiction of a county,a city and county,or a regional
12 transportation agency on the date that a tax described in
13 subdivision (a) is approved by 55 percent of the voters of the
14 jurisdiction voting on the proposition to impose the tax, the tax
15 described in subdivision (a) is imposed for a period of 20 years
16 commencing with the first calendar quarter that commences more
17 than 90 days after the effective date of the approval of the tax by
18 the voters.
19 (2) If a transactions and use tax of limited duration,imposed for
20 transportation purposes or for general purposes,is in effect in the
21 jurisdiction of a county, a city and county, or a regional
22 transportation agency on the date that a tax described in
23 subdivision (a) is approved by 55 percent of the voters of the
24 jurisdiction voting on the proposition to impose the tax, the tax
25 described in subdivision (a) is imposed for a period of not more
26 than 30 years commencing with the first day upon which the
27 transactions and use tax is repealed or otherwise becomes
28 inoperative.
29 (3) (A) Except as otherwise provided in paragraphs (1) and
30 (2), the tax described in subdivision (a) shall be imposed in a
31 county, a city and county, or a regional transportation agency in
32 addition to any other state or local sales and use tax or transactions
33 and use tax imposed in that jurisdiction in accordance with law.
34 (B) For purposes of this article, a transactions and use tax
35 imposed for transportation purposes does not include any portion
36 of a local sales and use tax that is imposed pursuant to the
37 Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
38 (commencing with Section 7200)of Division 2 of the Revenue and
39 Taxation Code), or its successor.
99
j
i
ACA 7 —4-
1
4-
1 (4) The tax described in subdivision(a) shall be administered
2 in the same manner as the tax imposed pursuant to the Sales and
3 Use Tax Law(Part I (commencing with Section 6001)of Division
4 2 of the Revenue and Taxation Code),or its successor,and shall be
5 subject to any exemption from taxation set forth in that law.
6 (c) For purposes of this section, "regional transportation
7 agency" means all of the following:
8 (1) The Metropolitan Transportation. Commission created by
9 Section 66502 of the {Government Code, as that statute read on
10 January 1, 2002.
11 (2) The Los Angeles County Metropolitan Transportation
12 Authority, or any successor to that authority.
13 (3) The Orange County Transportation Authority.
14 (4) Any local or regional transportation entity designated by
15 statute as a regional transportation agency.
16 (d) The tax described in subdivision(a) shall be collected and
17 administered by the State Board of Equalization, or its successor
18 agency. The revenues derived from that tax shall be deposited in
19 the Local Transportation Infrastructure Account, which is hereby
20 created in the State Transportation Fund. The State Board of
21 Equalization shall allocate the moneys in that account no less
22 frequently than on a quarterly basis as follows.
23 (1) To the State Board of Equalization for its costs of collection
24 and administration.
25 (2) For the payment of refunds of amounts of tax improperly
26 collected pursuant to this section.
27 (3) The balance to each county, city and county, or regional
28 transportation agency of the remaining amount of those tax
29 revenues that were collected with respect to a sale,use, storage,or
30 other consumption of tangible personal property that occurred in
31 the jurisdiction of the county, city and county, or regional
32 transportation agency imposing the tax.
33 (e) All revenues received by a county, a city and county, or a
34 regional transportation agency pursuant to this section shall be
35 expended exclusively for local and regional transportation
36 planning, research, design, construction,operation,maintenance,
37 and rehabilitation, and for environmental mitigation related to the
38 impacts of transportation projects.
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1 (f) Revenues derived from the tax imposed pursuant to
2 subdivisions (a) and (b) are not General Fund proceeds of taxes
3 within the meaning of Article XVI.
4 (g) Allocations made from the Local Transportation
5 Infrastructure Account,and the expenditure by a county,a city and
6 county, or a regional transportation agency of revenues received
7 from that account,are not "appropriations subject to limitation"
8 within the meaning of Article XIII B.
O
SENATE BILL No. 465
Introduced by Senator Soto
February 20, 2003
An act to amend Sections 65460.1, 65460.2, and 65460.4 of,and to
add Section 65040.9 to, the Government Code,,and to amend Section
33030 of, and to add Chapter 4.7(commencing with Section 33499)to
Part 1 of Division 24 of,the Health and Safety Code,relating to transit
village plans.
LEGISLATIVE COUNSEL'S DIGEST
SB 465, as introduced, Soto. Transit village plan: design.
(1) Under existing law, the Office of Planning and Research is the
comprehensive state planning agency that is required to engage in the
formulation, evaluation, and updating of the state's long-range goals
and policies for land use, population growth and distribution, urban
expansion, development, open space, resource preservation and
utilization, air and water quality, and other factors that shape statewide
development patterns and significantly influence the quality of the
state's environment.
This bill would require the office to convene a task force to create
statewide guidelines that incorporate the best available practices for
transit village planning and design. The bill would require that the
guidelines be completed, adopted, and published by October 1, 2004,
and serve as advisory guidelines to local government agencies, cities,
and counties.
(2) The Transit Village Development Planning Act of 1994
authorizes a city or county to prepare a transit village plan for a transit
village development district that includes all land within not less than
1/4 mile of the exterior boundary of the parcel on which is located a rail
transit station and addresses specified characteristics, including a
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SB 465 —2 —
neighborhood
2 --
neighborhood centered around a transit station that is planned and
designed, as specified, and demonstrable public benefits that reduce
traffic congestion. The Community Redevelopment Law specifies both
the physical and economic conditions that cause blight.
This bill would extend the surrounding land of a transit village
development district to 1/2 mile from a rail transit station.
The bill would add as a characteristic of a transit village plan a
provision that not less than 20%of new and substantially rehabilitated
dwelling units constructed or developed within the district be available
at affordable housing cost to persons and families of low or moderate
income, as defined,with not less than 40%of these units to be available
at affordable housing cost to very low income households, as defined.
The bill would also specify conditions that constitute blight with respect
to land surrounding a rail transit station.
This bill would also enact an alternative method of adoption and
amendment of a redevelopment plan that would authorize a city or
county that has adopted a transit village plan area to adopt a new Transit
Village Redevelopment Plan, as specified, to include in a
redevelopment project area all or a portion of an existing transit village
plan area and to enable 2 or more adjoining local agencies to enter into
an agreement to jointly establish and operate the new redevelopment
plan for a Transit Village Redevelopment Project Area, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Thepeople of the State of California do enact as follows:
1 SECTION 1. Section 65040.9 is added to the Government
2 Code, to read:
3 65040.9. By April 1, 2004, the Office of Planning and
4 Research shall convene a task force composed of representatives
5 of cities,counties,transit agencies,private developers, architects,
6 environmental organizations, and other individuals as nominated
7 by their statewide organizations and associations,public agencies,
$ and private organizations with expertise in transit village planning
9 and design, for the purpose of creating statewide guidelines that
10 incorporate the best available practices for transit village planning
11 and design. The issues addressed by the guidelines shall include a
12 listing of recommended local financial and other tools to promote
13 higher density development within transit villages, including a
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1 recommendation of the most appropriate use of density bonuses
2 for residential and commercial development, and the use of
3 parking reductions. The office shall adopt and publish the
4 guidelines by October 1,2004.The guidelines shall be advisory to
5 each city and county in the planning, design., and implementation
6 of transit villages.
7 SEC. 2. Section 65460.1 of the Government Code is amended
8 to read:
9 65460.1. Tlie Legislature hereby finds and declares all of the
10 following:
11 (a) Federal, state, and local governments in California are
12 investing in new and expanded rail transit systems in areas
13 throughout the state, including Los Angeles County, the San
14 Francisco Bay area, San Diego County, Santa Clara County, and
15 Sacramento County.
16 (b) This public investment in rail transit is unrivaled in the
17 state's history and represents well over ten billion dollars
18 ($10,000,000,000) in planned investment alone.
19 (c)
20
21
22 genefal p bl _ living elsewhere An October 1998 report`from the
23 Institute of Urban and Regional Development at the University of
24 California, Berkeley, recommended that the Legislature amend
25 this act to expand the spatial dimensions of a transit village from
26 a quarter-mile to a half-mile radius from rail transit stations.
27 (d) The use of transit by persons living near rail transit stations
28 is particularly important given the decline of transit ridership in
29 California between 1980 and 1990. Transit's share of commute
30 trips dropped in all California metropolitan areas—greater Los
31 Angeles: 5.4 percent to 4.8 percent; Sari Francisco Bay area: 11.9
32 percent to 10.0 percent; San Diego: 3.7 percent to 3.6 percent;
33 Sacramento: 3.7 percent to 2.5 percent.
34 (e) Only a few rail transit stations in California have any
35 concentration of housing proximate to the station.
36 (f) Interest in clustering housing and commercial development
37 around rail transit stations, called transit villages, has gained
38 momentum in recent years.
39 SEC. 3. Section 65460.2 of the Government Code is amended
40 to read:
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1
4-1 65460.2. A city or county may prepare a transit village plan
2 for a transit village development district that addresses the
3 following characteristics:
4 (a) A neighborhood centered around a transit station that is
5 planned and designed so that residents, workers, shoppers, and
6 others find it convenient and attractive to patronize transit.
7 (b) A mix of housing types, including apartments, within not
8 more than a qttEffte half mile of the exterior boundary of the parcel
9 on which the transit station is located.
10 (c) Other land uses, including a retail district oriented to the
1I transit station and civic uses, including day care centers and
12 libraries.
13 (d) Pedestrian and bicycle access to the transit station, with
14 attractively designed and landscaped pathways.
15 (e) A rail transit system that should encourage and facilitate
16 intermodal service, and access by modes other than single
17 occupant vehicles.
18 (f) Demonstrable public benefits beyond the increase in transit
19 usage, including all of the following:
20 (1) Relief of traffic congestion.
21 (2) Improved air quality.
22 (3) Increased transit revenue yields.
23 (4) Increased stock of affordable housing.
24 (5) Redevelopment of depressed and marginal inner-city
25 neighborhoods.
26 (6) Live-travel options for transit-needy groups.
27 (7) Promotion of infill development and preservation of natural
28 resources.
29 (8) Promotion of a safe, attractive, pedestrian-friendly
30 environment around transit stations.
31 (9) Reduction of the need for additional travel by providing for
32 the sale of goods and services at transit stations.
33 (10) Promotion. of job opportunities.
34 (11) Improved cost-effectiveness through the use of the
35 existing infrastructure.
36 (12) Increased sales and property tax revenue.
37 (13) Reduction in energy consumption.
38 (g) Sites where a density bonus of at least 25 percent may be
39 granted pursuant to specified performance standards.
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1 (h) (1) Not less than 20 percent of'the new and substantially
2 rehabilitated dwelling units constructed or developed within the
3 district shall be available at affordable housing cost to persons and
4 families of low or moderate income, with not less than 40 percent
5 of those dwelling units required to be available at affordable
6 housing cost to persons and families of low or moderate income to
7 be available at affordable housing cost to very low income
S households.
9 (2) As used in this subdivision, the term "substantially
10 rehabilitated dwelling units" shall mean substantially
11 rehabilitated single-family dwelling units with one or two units, or
12 substantially rehabilitated multifamily rented dwelling units with
13 three or more units.
14 (3) As used in this subdivision, the term "substantial
15 rehabilitation" means rehabilitation, the value of which
16 constitutes not less than 25 percent of the after rehabilitation value
17 of the dwelling, inclusive of land value.
18 (4) As used in this subdivision, the term "affordable housing
19 cost"shall have the same meaning as set forth in Section 50052.5
20 of the Health and Safety Code.
21 (5) As used in this subdivision, the term "affordable rent"shall
22 have the same meaning as set forth in Section 50053 of the Health
23 and Safety Code.
24 (6) As used in this subdivision, the term "persons and families
25 of low or moderate income"shall have the same meaning as set
26 forth in Section 50093 of the Health and Safety Code.
27 (7) As used in this subdivision, the term "very low income"
28 shall have the same meaning as set forth in Section 50105 of the
29 Health and Safety Code.
30 (i) Other provisions that may be necessary,based on the report
31 prepared pursuant to subdivision(b)of farmer Section 14045, as
32 enacted by Section 3 of Chapter 1304 of the Statutes of 1990.
33 SEC. 4. Section 65460.4 of the Government Code is amended
34 to read:
35 65460.4. A transit village development district shall include
36 all land within not more than a qua#e half mile of the exterior
37 boundary of the parcel on which is located a rail transit station
38 designated by the legislative body of a city, county, or city and
39 county that has jurisdiction over the station area.
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1
6-1 For purposes of this article, "district" means a transit village
2 development district as defined in this section.
3 SEC. 5. Section 33030 of the Health and Safety Code is
4 amended to read:
5 33030. (a) It is found and declared that there exist in many
6 communities blighted areas which constitute physical and
7 economic liabilities,requiring redevelopment in the.interest of the
8 health, safety, and general welfare of the people of these
9 communities and of the state.
10 (b) A blighted area is one that contains both of the following:
11 (1) An area that is predominantly urbanized, as that terns is
12 defined in Section 33320.1, and is an area in which the
13 combination of conditions set forth in Section 33031 is so
14 prevalent and so substantial that it causes a reduction of,or lack of,
15 proper utilization of the area to such an.extent that it constitutes a
16 serious physical and economic burden on the community which
17 cannot reasonably be expected to be reversed or alleviated by
18 private enterprise or governmental action, or both, without
19 redevelopment.
20 (2) An area that is characterized by either of the following:
21 (A) One or more conditions set forth in any paragraph of
22 subdivision(a) of Section 33031 and one or more conditions set
23 forth in any paragraph of subdivision(b)of Section 33031.
24 (B) The condition described in paragraph(4)of subdivision(a)
25 . of Section 33031.
26 (c) A blighted area also may be one that contains the conditions
27 described in subdivision (b)and is, in addition, characterized by
28 the existence of inadequate public improvements, parking
29 facilities, or utilities.
30 (d) A blighted area may also be one that meets all Qf the
31 following criteria:
32 (1) The area is predominantly urbanized, as defined in Section
33 33320.1.
34 (2) The area includes a rail transit station and surrounding
35 land,provided that all of'the surrounding land is not more than a
36 half mile from the exterior boundary of'the parcel on which is
37 located the rail transit station.
38 (3) The community has adapted a transit village plan pursuant
39 to the Transit Village Development Planning Act of 1994(Article
40 8.5 (commencing with Section 65460) of Chapter 3 of Division 1
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1 of Title 7 of the Government Code), and that transit village plan
2 permits a higher density of development than the development that
3 currently exists in the area.
4 (4) The higher density of development that is permitted by the
5 transit village plan would not reasonably be expected to be
6 achieved by private entefprise or government action, or both,
7 without redevelopment.
8 SEC. 6. Chapter 4.7 (commencing with Section 33499) is
9 added to Part 1 of Division 24 of the Health and Safety Code, to
10 read:
11
12 CHAPTER 4.7. TRANSIT VILLAGE REDEVELOPMENT PROJECT
13 AREAS
14
15 33499. With enactment of this chapter, it is the intent of the
16 Legislature to do both of the following:
17 (a) Provide cities and counties with a means to facilitate
18 redevelopment of territory within a transit village plan area
19 established by the legislative body of the community pursuant to
20 the Transit Village Development Planning Act of 1994(Article 8.5
21 (commencing with Section 65460) of Chapter 3 of Division 1 of
22 Title 7 of the Government Code).
23 (b) Enable redevelopment agencies to include in a
24 redevelopment project area all or a portion of a transit village plan
25 area and thereby utilize the powers of this part with respect to those
26 transit village plan areas.
27 33499.1. The Legislature finds and declares that
28 extraordinary measures must be taken to facilitate the
29 redevelopment of transit village plan areas and thereby promote
30 the purposes set forth in the Transit Village Development Planning
31 Act of 1994 (Article 8.5 (commencing with Section 65460) of
32 Chapter 3 of Division 1 of Title 7 of the Government Code).
33 33499.2. Nothing in this chapter shall preclude two or more
34 adjoining cities or counties or their redevelopment agencies, as
35 applicable, from entering into agreements to jointly establish and
36 operate a redevelopment plan for a transit village redevelopment
37 project area if the transit village plan areas are contiguous and each
38 city or county has adapted a transit village plan pursuant to the
39 Transit Village Development .Planning Act of 1994 (Article 8.5
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SB 465 —8-
1
8-1 (commencing with Section 65460) of Chapter 3 of Division I of
2 Title 7 of the Government Code).
3 33499.3. The provisions of this chapter set forth an alternative
4 method of adoption and amendment of redevelopment plans and
5 shall not prevent an agency and legislative body from adopting or
6 amending redevelopment plans pursuant to other provisions of this
7 part.
8 33499.4. (a) For each transit village plan area that a city or
9 county has adopted pursuant to the Transit Village Development
10 Planning Act of 1994 (Article 8.5 (commencing with Section
11 65460) of Chapter 3 of Division 1 of Title 7 of the Government
12 Code), the city or county, fallowing the procedures set forth in
13 Chapter 4(commencing with Section 33300)of this part except to
14 the extent inconsistent with this chapter, may adopt a new
15 redevelopment plan to be known as a Transit Village
16 Redevelopment Plan, provided that the territory included in the
17 new Transit Village Redevelopment Plan shall not, at the time of
18 adoption of such plan,be located within an existing redevelopment
19 project area. The new Transit Village Redevelopment Plan shall
20 include as the redevelopment project area only territory
21 encompassed by such transit village plan and may include all or a
22 portion of such transit village plan area. The designated area shall
23 be known as a Transit Village Redevelopment Project Area.A new
24 Transit Village Redevelopment Plan shall not be adopted unless
25 the proposed Transit Village Redevelopment Project Area is found
26 by the legislative body of the city or county to be a blighted area
27 pursuant to the criteria set forth in subdivision (d) of Section
28 33030.
29 (b) If there is an existing redevelopment plan that includes,
30 within the boundaries of its redevelopment project area, a transit
31 village plan area that the city or county has adopted pursuant to the
32 Transit Village Development Planning Act of 1994 (Article 8.5
33 (commencing with. Section 65460) of Chapter 3 of Division I of
34 Title 7 of the Government Code),the city or county may amend the
35 existing redevelopment plan,pursuant to the procedures set forth
36 in Article 12(commencing with Section 33450),to redesignate all
37 or a portion of the transit village plan area as a Transit Village
38 Redevelopment Project Area. The base year applicable to the
39 Transit Village Redevelopment Project Area established by
40 amendment to an existing redevelopment plan pursuant to this
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1 subdivision shall be the base year that was established for the
2 existing project area. In adopting the amendment described in this
3 subdivision,neither the local agency nor the legislative body of the
4 city or county is required to comply with provisions of Section
5 33354.6.
6 33499.5. (a) A new Transit Village Redevelopment Plan
7 adopted pursuant to subdivision (a) of Section 33499.4, which
8 contain the provisions set forth in Section 33670 shall contain all
9 of the following limitations:
10 (1) (A) A time limit on the establishing of loans,advances,and
11 indebtedness to be paid with the proceeds of property taxes
12 received pursuant to Section 33670 to finance in whole or in part
13 the redevelopment project, which time limit may not exceed 30
14 years from the adoption of the Transit Village Redevelopment
15 Plan, except by amendment of the Transit Village Redevelopment
16 Plan as authorized by subparagraph(B). This time limit,however,
17 shall not prevent local agencies from incurring debt to be paid from
18 the Low and Moderate Income Housing Fund or establishing more
19 debt in order to fulfill the agency's housing obligations under
20 Section 33413. The loans, advances, or indebtedness may be
21 repaid over a period of time longer than this time limit as provided
22 in this section. No loans, advances, or indebtedness to be repaid
23 from the allocation of taxes shall be established or incurred by the
24 local agency beyond this time limitation. This limitation shall not
25 prevent agencies from refinancing, refunding, or restructuring
26 indebtedness after the time limit if the indebtedness is not
27 increased other than by the costs of issuance of the indebtedness,
28 and the time during which the indebtedness is to be repaid is not
29 extended beyond the time limit to repay indebtedness required by
30 this section.
31 (B) The time limitation established by subparagraph (A) may
32 be extended only by amendment of the Transit Village
33 Redevelopment Plan after the local agency finds, based on
34 substantial evidence,that(i)significant blight remains within the
35 Transit Village Redevelopment Project Area, and(ii) this blight
36 cannot be eliminated without the establishment of additional debt.
37 (2) A time limit,not to exceed 40 years from the adoption of the
38 Transit Village Redevelopment Plan, on the effectiveness of the
39 redevelopment plan.After the time limit on the effectiveness of the
40 Transit Village Redevelopment Plan, the local agency shall have
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SB 465
1 no authority to act pursuant to the Transit Village Redevelopment
2 Plan except to pay previously incurred indebtedness and to enforce
3 existing covenants or contracts, unless the local agency has not
4 completed its housing obligations pursuant to Section 33413, in
5 which case the local agency shall retain its authority to implement
6 requirements under Section 33413, including its ability to incur
7 and pay indebtedness for this purpose,and shall use this authority
8 to complete these housing obligations as soon as is reasonably
9 possible.
10 (3) A time limit,not to exceed 60 years from the adoption of the
I1 Transit Village Redevelopment Plan, to repay indebtedness with
12 the proceeds of property taxes received pursuant to Section 33670.
13 After the time limit established pursuant to this paragraph, a local
14 agency may not receive property taxes pursuant to Section 33670.
15 (4) A time limit, not to exceed 12 years from the date of
16 adoption of the Transit Village Redevelopment Plan, for
17 commencement of eminent domain proceedings to acquire
18 property within the Transit Village Redevelopment Project Area.
19 This time limitation may be extended only by amendment of the
20 redevelopment plan.
21 (b) If an existing redevelopment plan containing the provisions
22 set forth in Section 33670 is amended pursuant to subdivision(b)
23 of Section 33499.4, the amendment shall contain the time limits
24 set forth in subdivision(a)of this section but the time limits shall
25 (1) be applicable only to the territory designated as the Transit
26 Village Redevelopment Project Area,(2)be effective as of the date
27 of adoption of the amendment, and(3) supersede the limits in the
28 existing redevelopment plan with respect to the area redesignated
29 as the Transit Village Redevelopment Project Area.
30 33499.6. In adopting a new Transit Village Redevelopment
31 Plan pursuant to subdivision (a) of Section 33499.4, or the
32 amendment to an existing redevelopment plan described in
33 subdivision(b)of Section 33499.4,the local agency shall prepare
34 the appropriate environmental document pursuant to the
35 requirements of the California Environmental Quality Act
36 (Division 13 (commencing with Section 21000 of the Public
37 Resources Code), 1
38 33499.7. Notwithstanding any other provision of law to the
39 contrary, Sections 33607.5 and 33607.7 shall not apply to the
40 adoption of a new Transit Village Redevelopment Plan pursuant
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1 to subdivision(a)of Section 33499.4 and the local agency shall not
2 be required to make the payments specified in Section 33607.5 or
3 33607.7 as a result of this adoption.
4 33499.8. Notwithstanding any other provision of law to the
5 contrary, Sections 33607.5 and 33607.7 shall not apply to the
6 adoption of an amendment to an existing redevelopment plan
7 pursuant to subdivision (b) of Section 33499.4, and the local
8 agency shall not be required to make the payments specified in
9 Section 33607.5 or 33607.7 as a result of this adoption. This
10 section. shall be the exclusive provision. pertaining to a local
11 agency's payment to taxing entities resulting from the adoption of
12 an amendment to an existing redevelopment plan pursuant to
13 subdivision(b)of Section 33499.4.
14 (a) If an agreement exists between the local agency and a taxing
15 entity entered into prior to January 1, 1994,the local agency shall
16 continue to make the payments to that taxing entity as required by
17 the agreement, but the local agency shall be permitted in each
18 fiscal year following the fiscal year in which the redevelopment
19 plan amendment, adopted pursuant to subdivision (b) of Section
20 33499.4, was adopted, to deduct from the payment the "Transit
21 Village Tax Increment Portion" as defined in subdivision (c) of
22 this section.
23 (b) If subdivision (a)of this section does not apply and if the
24 local agency has been making payments to one or more taxing
25 entities pursuant to Section 33607.5 or Section 33607.7,the local
26 agency shall continue to make the payments to each taxing entity,
27 but the local agency shall be permitted in each fiscal year
28 following the fiscal year in which the redevelopment plan
29 amendment adopted pursuant to subdivision (b) of Section
30 33499.4 was adopted, to deduct from the payment the "Transit
31 Village Tax Increment Portion" as defined in subdivision (c) of
32 this section.
33 (c) As used in this section, the term "Transit Village Tax
34 Increment Portion" shall mean the tax increment that otherwise
35 would be paid to a taxing entity that is derived from increases in
36 the assessed value of property within the Transit Village
37 Redevelopment Project Area over the assessed value of property
38 within the Transit Village Redevelopment Project Area existing in
39 the fiscal year in which the amendment to the redevelopment plan
40 pursuant to subdivision(b) of Section 33499.4 was adopted.
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1 (d) As used in this section, the term "fiscal year" shall mean
2 the period commencing on July 1 and ending on the following June
3 30.
Q
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SENATE BILL No. 541
Introduced by Senator Torlakson
February 20, 2003
An act to amend Sections 7350 and 7361 of, and to acid Section
8651.1 to, the Revenue and Taxation Code, relating to taxation, and
making an appropriation therefor,to take effect immediately,tax levy.
LEGISLATIVE COUNSEVS DIGEST
SB 541,as introduced,Torlakson. Motor vehicle fuel license taxes:
use fuel taxes.
Motor Vehicle Fuel License Tax Law imposes a tax of 18¢per gallon
of fuel,and requires,if the federal fuel tax is reduced below the rate of
9¢per gallon and federal financial allocations to this state are reduced
or eliminated,that the tax rate be increased so that the combined state
and federal tax rate per gallon equals 27¢.
This bill would, for the 2044 calendar year and each calendar year
thereafter,require that tax to be adjusted for inflation,as provided.
The Use Fuel Tax Law imposes an excise tax for the use of fuel at a
rate of 18¢ per gallon on or after January 1, 1994, and requires, .if the
federal fuel tax is reduced below the rate of 15¢per gallon and specified
federal financial allocations to this state are reduced or eliminated, that
the tax rate be increased by an amount so that the combined state and
federal tax rate per gallon equals 33¢per gallon on and after January 1,
1994.
This bill would impose an additional excise tax per gallon in the
amount necessary to replace any suspended transfers of revenues to the
Traffic Investment Fund or reductions from the Traffic Congestion
Relief Fund. This bili would also make legislative findings and
declarations in connection with that tax.
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Existing law provides that a portion of the amounts collected under
the Use Fuel Tax Law are continuously appropriated for expenditure for
specified purposes.
Since this bill would permit an increase in the taxes collected under
that law and thereby make additional moneys available for continuous
expenditure, it would make an appropriation.
Section 3 of Article X111 A of the California Constitution requires
that any change in state taxes enacted for the purpose of increasing
revenues be imposed by a statute that is passed by not less than 2i3 of
the members of each house of the Legislature.
Since this bill would permit an increase in state fuel taxes, this bill
would require a 2/3 vote for passage.
This bill would take effect immediately as a tax levy.
Vote:2/3.Appropriation: yes.Fiscal committee: yes. State-mandated
local program: no.
The people of the State of California do enact as f`allows:
1 SECTION 1. Section 7360 of the Revenue and Taxation Code
2 is amended to read:
3 7360. (a) A tax of eighteen cents($0.18) is hereby imposed
4 upon each gallon of fuel subject to the tax in Sections 7362,7363,
5 and 7364. This rate of tax shall be adjusted as follows:
6 (1) For the 2004 calendar year, the board shall recompute the
7 rate of tax set forth in subdivision (a). That computation shall be
8 made as follows:
9 (A) The Department of Industrial Relations shall transmit to
10 the board the percentage change in the California Consumer Price
11 Index for all items from September 1, 1990, to September 1, 2003,
12 inclusive, no later than November 1, 2003.
13 (B) The board shall compute an inflation ad,justment factor by
14 adding 100 percent to that portion of the percentage change figure
15 which is furnished pursuant to subparagraph (A)and dividing the
16 result by 100.
17 (C) The board shall multiply the estimated rate of tax in
18 subdivision (a) by the inflation adjustment factor determined in
19 subparagraph (B) and round off the resulting products to the
20 nearest one-tenth of one cent($0.001)per gallon.
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1 (2) For the 2005 calendar year and each calendar year
2 thereafter, the board shall recompute the rate of tax set forth in
3 subdivision (a). That computation shall be made as follows:
4 (A) The Department of' Industrial .Relations shall transmit
5 annually to the board the percentage change in the California
6 Consumer Price.Index for all items from September I of the prior
7 fiscal year to September 1 of the currentfiscal year, no later than
8 November I of the currentffiscal year:
9 (B) The board shall compute an inflation adjustment factor by
10 adding.100 percent to that portion of'the percentage change figure
11 W ich is furnished pursuant to subparagraph (A)and dividing the
12 result by 100.
13 (C) The board shall multiply the estimated rate of tax in
14 subdivision (a) by the inflation adjustment factor determined in
15 subparagraph (B) and round off the resulting products to the
16 nearest one-tenth of one cent($0.001)per gallon.
17 (b) If the federal fuel tax is reduced below the rate of nine cents
18 ($0.09)per gallon and federal financial allocations to this state for
19 highway and exclusive public mass transit guideway purposes are
20 reduced or eliminated correspondingly, the tax rate imposed by
21 this section, on and after the date of the reduction, shall be
22 recalculated by an amount so that the combined state and federal
23 tax rate per gallon equals nine cents
24 ($0.0.9)plus the amount calculated pursuant to subdivision (a).
25 (c) If any person or entity is exempt or partially exempt from
26 the federal fuel tax at the time of a reduction,the person or entity
27 shall continue to be so exempt under this section.
28 SEC. 2. Section 7361 of the Revenue and Taxation Code is
29 amended to read:
30 7361. (a) For the privilege of storing, for the purpose of
31 removal, sale,or use,every distributor owning motor vehicle fuel
32 on January 1, 2002, shall pay a tax of eighteen cents ($0.18) for
33 each gallon of.motor vehicle fuel according to the volumetric
34 measure thereof,on which a tax has not been imposed under Fart
35 2 (commencing with Section 7301) as in effect on December 31,
36 2001, and tax would have been imposed on any prior removal,
37 entry, or sale of motor vehicle fuel had Sections 7360 to 7363,
38 inclusive, applied to motor vehicle fuel for the period before
39 January 1, 2002. This rate of tax shall be adjusted as follows:
99
SB 541 —4-
1
41 (1) For the 2004 calendar year, the board shall recompute the
2 rate of tax set forth in subdivision (a). That computation shall be
3 made as follows:
4 (A) The Department of Industrial Relations shall transmit to
5 the board the percentage change in the California Consumer Price
6 Index for all items frzom September 1, 1990, to September 1, 2003,
7 inclusive, no later than November 1, 2003:
8 (B) The board shall compute an inflation adjustment factor by
9 adding 100 percent to that portion of thepercentage change figure
10 which is furnished pursuant to subparagraph (A)and dividing the
11 result. by 100.
12 (C) The board shall multiply the estimated rate of tax in
13 subdivision (a) by the inflation adjustment factor determined in
14 subparagraph (B) and round off the resulting products to the
15 nearest one-tenth of one cent ($0.001)per gallon.
16 (2) For the 200.E calendar year and each calendar year
17 thereafter, the board shall recompute the rate of tax set forth in
18 subdivision (a). That computation shall be made as follows;
19 (A) The Department of Industrial Relations shall transmit
20 annually to the board the percentage change in the California
21 Consumer Price Index for all items from September 1 of the prior
22 fiscal year to September I of the current f seal year, no later than
23 .November I of the current fiscal year
24 (B) The board shall compute an inflation adjustment factor by
25 adding 100 percent to that portion of the percentage change figure
26 which is furnished pursuant to subparagraph (A) and dividing the
27 result by 100.
28 (C) The board shall multiply the estimated rate of tax in
29 subdivision (a) by the inflation adjustment factor determined in
30 subparagraph (B) and round off the resulting products to the
31 nearest orae-tenth of one cent($0.001)per gallon.
32 (b) For purposes of subdivision(a):
33 (1) "Storing" includes the possession in a storage facility,
34 except an approved terminal or refinery, of motor vehicle fuel as
35 well as the motor vehicle fuel purchased from and invoiced by the
36 seller prior to January 1, 2002, and in transit on that date.
37 (2) "Owning" means having title to the motor vehicle fuel.
38 (3) "Distributor" means any person who was required to be
39 licensed as a distributor under fart 2 (commencing with Section
40 7301) as in effect on December 31, 2001.
99
. ............................................................................................... .
........................................................................................... ..
........................................................................................ .
--5— SB 541
1 SEC. 3. Section 8651.1 is added to the Revenue and Taxation
2 Code, to read.
3 8651.1. (a) The Legislature finds and declares all of the
4 following:
5 (1) The excise tax on motor vehicle fuel was last increased on
6 January 1, 1994,when the rate was set at eighteen cents($0.18)per
7 gallon.
8 (2) The demand on California's state highways and streets and
9 local roads has increased at a far greater rate than the revenues
10 available to operate, maintain, and expand the transportation
11 network.
12 (3) Increased motor vehicle fuel economy results in the
13 consumption of less fuel and the generation of less gas tax revenue
14 per mile driven,, while inflation also erodes this slow-growing
15 revenue.
16 (4) The Traffic Congestion Relief Act (Chapters 91, 92, and
17 656 of the Statutes of 2000) (TCRA) created a six-year funding
18 plan using General Fund revenue for state and local transportation
19 needs.
20 (5) The TCRA created the Traffic Congestion Relief Fund
21 (TCRF) to support high-priority traffic-relief projects statewide,
22 and the Transportation Investment Fund (TIF) to distribute
23 funding for local street and road improvements, state highway
24 improvements, and public transit.
25 (6) Rapid declines in state General Fund revenues have led to,
26 and could create more,suspending of transfers of gasoline sales tax
27 revenue to the TIF and revenue reductions in the TCRF.
28 (b) In addition to any other tax imposed by this part,an excise
29 tax is hereby imposed for the use of fuel at the following rate per
30 gallon:
31 An amount, adjusted annually for inflation, to replace any
32 revenues suspended from transfer to the Transportation
33 Investment Fund or reduced from the Traffic Congestion Relief
34 Fund.
35 SEC.4. This act provides for a tax levy within the meaning of
36 Article IV of the Constitution and shall go into immediate effect.
O
99
SENATE BILL No. 916
Introduced by Senator Perata
(Principal coauthor: Senator Torlakson)
(Coauthor: Senator Burton)
(Coauthors: Assembly Members Leno, Mullin, and Wiggins)
February 21, 2003
An act to amend Section 14531 of the Government Code,to amend
Sections 182.5, 188.3, 188.4, 30101, 30101.8, 30113, 30600, 30601,
30604, 30606, 30610, 30750, 30751, 30760, 30761, 30791, 30884,
30885, 30887, 30889.3, 30891, 30894, 30910, 30912, 30913, 30915,
30916, 30918, 30919, 30920, 30950, 30950.1, 30950.2, 30950.3,
30950.4, 30953, 30958, 30960,30961, 31000, and 31010 of,to amend
and renumber Section 188.10 of, to add Sections 30881, 30914.5,
30922 and 30950.5 to,and to repeal Sections 30603, 30605, 30608.2,
30752, 30753, 30754, 30755, 30756, 30757, 30762, 30762.5, 30763,
30764, 30764.5, 30765, 30766, 30767, 30791.7, 30792, 30792.2,
30793, 30794, 30795, 30886, 30888, 30889, 30896, and 30956 of, to
repeal Article 5 (commencing with Section 30200) and Article 7
(commencing with Section 30350) of Chapter 1 of Division 17 of, to
repeal and add Sections 30102.5, 30890, 30911, 30914, 30917, 30921,
and 30951 of, the Streets and Highways Code, and to amend Section
5205.5 of the Vehicle Code,relating to transportation, and making an
appropriation therefor.
LEGISLATIVE COUNS.EI:S DIGEST
SB 916, as introduced, P'erata. Toil bridge revenues.
Existing law generally makes the California Transportation
Commission responsible for establishing the rates charged vehicles for
crossing the state-owned toll bridges. Under existing law, the
Metropolitan Transportation Commission(MTC)is authorized to adopt
SB 916 —2—
a
2—a toll schedule in lieu of the one adopted by the California
Transportation Commission for the state-owned toll bridges in the San
Francisco Bay Area. Existing law makes the MTC and the Bay Area
Toll Authority(BATA),which is defined as the same body as the MTC,
responsible for the programming, administration, and allocation of the
revenue from the base toll charge collected from these bridges. Under
existing law, a portion of this revenue is continuously appropriated to
the Controller who is required to disburse these funds to the MTC to
expend for purposes that reduce vehicular congestion on the bridges.
This bill would define the BATA as a separate entity governed by the
same governing board as the MTC. The bill would make the BATA
responsible for the programming,administration,and allocation of toll
revenues from the state-owned toll bridges in the San Francisco Bay
Area, including the seismic retrofit surcharge once those projects are
completed and provision is made for payment of the bonds issued for
those purposes.
The bill would require the City and County of San Francisco and
specified counties in the San Francisco Bay Area to conduct a special
election on a proposed increase of$.1 in the amount of the base toll rate
charged on the state-owned toll bridges in that area. By requiring this
election, the bill would impose a state-mandated local program.
Because the bill would specify that the revenue resulting from the
increased toll charge would be continuously appropriated to the MTC
for expenditure on specified projects, it would make an appropriation.
The bill additionally would make related changes and would repeal
obsolete provisions relating to the operation of toll facilities.
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,including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 these statutory
provisions.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
-3— SB 916
The people of'the State of California do enact as follows:
1 SECTION 1. Section 14531 of the Government Code is
2 amended to read:
3 14531. (a) The commission may amend the state
4 transportation improvement program if the amendment meets
5 both of the following conditions:
6 (1) The request for the amendment is made by the entity that
7 submitted the project or projects that are in the program and are to
8 be changed by the amendment.
9 (2) The total amount programmed in each county for regional
10 improvements does not exceed the county's share prior to the
11 amendment, or the total amount programmed in each county is
12 treated as an adjustment to the share pursuant to Section s
13 188.11 of the Streets and Highways Code.
14 (b) :Public notice of the proposed amendments to the program
15 or the plan shall be made at least 30 days before the commission
16 takes formal action on the proposed amendments. The notice shall
17 include the text and complete description of the proposed
18 amendments.
19 SEC. 2. Section 182.5 of the Streets and Highways Code is
20 amended to read:
21 182.5. (a) It is the intent of the Legislature that the transition.
22 to the new programs and procedures established in the bill enacting
23 this section shall be fair and equitable and minimize disruptions in
24 the delivery of projects. With specific reference to the transition
25 from county minimums to county shares for regional
26 improvement, no project should be counted twice, no project that
27 would be counted under either the old or new procedures should
28 escape being counted in the transition, shares should be sufficient
29 to fund projects programmed in the 1996 State Transportation
30 Improvement Program for the same period,no incentive or reward
31 should be provided for delaying a project, and no incentive or
32 reward should be provided for allocating funds to a project earlier
33 than the year in which the funds are needed for the project.
34 (b) At the end of the fiscal year ending June 30, 1998, the
35 county minimums and county minimum deficits shall be
36 recalculated under the law as it existed prior to the enactment of
37 the bill adding this section.
99
SB 916 —4-
1
4-
1 (c) Notwithstanding Section 164, there shall be set aside
2 sufficient funding for every project that is included in the 1996
3 State Transportation Improvement Program.This funding shall be
4 set aside in the fund estimate prior to and in addition to the
5 distribution of fording between programs pursuant to Section 164.
6 (d) The amount of the cumulative county minimum deficit
7 calculated for any county pursuant to subdivision (b) shall be
8 carried forward as a county share for the 1998 State Transportation
9 Improvement Program,prior to and in addition to the computation
10 of county shares pursuant to subdivision (a) of Section 188.8.
11 (e) The commission shall not allocate funds for any project
12 unless the commission has programmed the state transportation
13 improvement program in a manner that complies with the
14 requirements of Sections 188, 188.8, and r 88.1 188.11.
15 (f) Notwithstanding subdivision (a), for a county within the
16 region defined by Section 65502 of the Government Code where
17 funds were traded in the 1996 State Transportation Improvement
18 Program to another county in that region,the county share for that
19 county for the 1998 State Transportation Improvement Program
20 shall be increased by the amount of the trade in the 1996 State
21 Transportation Improvement Program, as if the share were a
22 county minimum deficit under subdivision(d).
23 (g) In adopting the 1998 State Transportation Improvement
24 Program, the commission shall, at a minimum, fund all intercity
25 rail projects that are included in the adopted 1996 State
26 Transportation Improvement Program. The amount of funds
27 programmed for each project shall not be less than the amount in
28 the 1996 State Transportation Improvement Program.
29 (h) The commission, after consulting with the department and
30 the regional planning agencies,shall adopt interim guidelines and
31 procedures relative to fund estimates and project selection in a
32 manner that the first state transportation improvement program,
33 pursuant to the provisions of the act adding this section,is adopted
34 not later than June 1, 1998.
35 SEC. 3. Section 188.3 of the Streets and Highways Code is
36 amended to read:
37 188.3. The cost of maintenance of all toll bridges under the
38 jurisdiction of the commission shall be paid out of money in the
39 State Highway Account,except that the eenwnissio Bay Area.Toll
40 .Authority shall fund the maintenance costs of each toll bridge in
99
-5— SB 916
1 the geographic jurisdiction of the Metropolitan Transportation
2 Commission from the same source used to fund that maintenance
3 cost during the 1980-81 fiscal year.
4 SBC. 4. Section 1.88.4 of the Streets and Highways Code is
5 amended to read:
6 188.4. (a) Maintenance expenditures on all toll facilities
7 owned by the state shall, for accounting purposes,be classified as
8 Category A or Category B expenditures. Notwithstanding any
9 other provision of law, the cost of maintenance of toll facilities
10 shall be paid in accordance with the following:
11 (1) Category A maintenance shall be paid from the State
12 Highway Account and shall include all normal highway
13 maintenance which would be performed by the state according to
14 state procedures as if the facility was a toll-free state facility.
15 (2) Category B maintenance shall be paid from toll revenues
16 and shall include all maintenance and reconstruction work of those
17 facilities such as toll facility administration buildings and toll
18 booths which are constructed primarily for the purpose of
19 collecting tolls.
20 (b) This seefien does not----'--_-A t.Y'_ .,e___...ission f'&m
21 eemplyifig with the pr I4qiA*qQ R�'I
22 Jtuly 1
23 (e)-In no event shall the maintenance of toll bridges be funded
24 at a lower percentage than was established in accordance with
25 procedures for funding maintenance of the southern bridge unit
26 during the 1985--87 fiscal year,which includes the Dumbarton,the
27 San Mateo-ilayward, and the San Francisco-Oakland Bay
28 Bridges.
29 SEC. 5. Section 188.10 of the Streets and Highways Code, as
30 amended by Chapter 596 of the Statutes of 1998, is amended and
31 renumbered to read:
32 44&+9-.
33 188.11. (a) The commission, with assistance from the
34 department and regional agencies, shall maintain a long-term
35 balance of shares, shortfalls, and surpluses for regional
36 improvement programs.
37 (b) The balance shall include all of the following:
38 (1) Shares from the fund estimate for each state transportation
39 improvement program pursuant to Section 14525 of the
40 Government Code.
99
......... ......... .........
................. .._....... ......... ......... ......... ......... ............._....
_. .... ......... ......... ......... ......... ...............
.......................................................................................
SB 916 —6-
1
61 (2) Amounts programmed in each state transportation
2 improvement program pursuant to Section 14529 of the
3 Government Code.
4 (3) Surpluses or shortfalls due to reservations or advancements
5 pursuant to subdivision 0) of Section 188.8.
6 (4) Amounts deducted or added because of changes in project
7 development costs or a cost increase or savings in the final
8 engineering estimate or the final right-of-way certification
9 estimate at the time of allocation for construction, pursuant to
10 subdivisions(d) and (e) of Section 188.8.
11 (5) Any supplemental project allocations during or following
12 construction.
13 (6) Amounts deducted or added because of amendments to the
14 state transportation improvement program that add, delete, or
15 change the scope and cost of regional improvement projects,
16 pursuant to Section 14531 of the Government Code.
17 (c) The balance through the preceding fiscal year shall be made
18 available for review by all regional agencies at the time of each
19 fund estimate, and by not later than August 15 of each year.
20 (d) The commission, through the fund estimate, shall restore
21 for the next state transportation improvement program the
22 interregional improvement program level specified in subdivision
23 (a)of Section 164,
24 SEC. 6. Section 30101 of the Streets and Highways Code is
25 amended to read:
26 30101. , the
27 Except as provided in Section 30102.5, the commission shall fix
28 the rates of toll and other charges for all toll bridges,tubes,or other
29 toll highway crossings acquired or built pursuant to this chapter.
30 SEC. 7. Section 30101.8 of the Streets and Highways Code is
31 amended to read:
32 30101.8. (a) The commission may grant toll-free and
33 reduced-rate passage on all toil bridges under its jurisdiction to
34 class I vehicles occupied by three or more persons, including the
35 driver, and to buses. For bridges within the area under the
36 jurisdiction of the Metropolitan Transportation Commission, the
37
3811 It GOW'Missiell as
39 bythisdivisiei Bay Area .Toll Authority may grant toll-free and
40 reduced-rate passage, as provided in Section 30102.5.
99
-7- Sly 916
1 (b) Notwithstanding subdivision (a), tolls on the bridges shall
2 be maintained at ratessufficient to meet any obligation to the
3 holders of bonds secured by the bridge toll revenues, as set forth
4 in any bond resolution in.effect on.January 1, 1991, or covenants
5 contained in bonds issued pursuant to the bond resolution,and the
6 commission shall'revise or eliminate any toll-free or reduced-rate
7 toil schedule adopted pursuant to subdivision (a)as necessary to
8 ensure compliance with those obligations.
9 (c) If the commission grants toll-free and reduced-rate passage
10 pursuant to subdivision (a), the commission shalt also grant the
11 same toll-free and reduced-rate passage to class I vehicles
12 designed by the manufacturer to be occupied by no more than two
13 persons, including the driver, if these vehicles are occupied by two
14 persons,including the driver.
15 SEC. 8. Section 30102.5 of the Streets and Highways Code is
16 repealed.
17 3.0402.5. (a) Netwithstanding any of thiS
t r ii18 �,,-off , - k cvnxrirrsm",ift
19 establishing toll eharges fbr any partiettiar tali bridge widtin th-e
20
area of jufisdiefion of the Metropolitan --4.-.:--
21 ;shall give eensiderMion to the east of operating toH
22 , the tells on whieh eire pledged-as
23 seeurity for bonds issued an-1 --standing. The eost el. operating
24
25 and the amount reqttired ftntmally to meet the redemption ef bonds
26
27 and interest payfflents and interest eharges of the b--Ass iisstt-A-and
28 owstanding"they FaR due for a"partiettlar toll bridge or other
29 , eests may
30 inelude ame....neeessary to repay loans from the State Highway
31
32 (b) In estetblishing toll eharges for the fell bridges withitt the
33 fffea of jerisdiefien of the 1r_-. --anspertation
he eefmniss4en shall also maintain net reyetittes to
34`Y 1so�a,yt �] �yy�p p�
35 �N� e3feZ.Ts�Vl faft��ital �V��em .she net.
36
37 toward trensit eapital improventents mem-tell re est
38 audited, ,but may be
39
40 adopted by the Metropolitan 4�ranspertation Go
99
I
SB 916 —8-
1 (e) �,�new bonds may be issued thett are seeured by tells ofany
2
3 .
I meept for theseb leans fmm the State HighWay Aeeatint in the State
7 Rind. Nothing in this seetion shell be eenstmed to prohibit the
8 ,
9 the eommissien determines that by so--doing a ftet so ings.to the
10 4tme in interest sts will be all ed
I1No new leang shall be made ftem the General Ftmd or the
12 State Highway Aeeauntt for afty fell bridge or toll highway within
13 the area ef jurisdietion of the Metfopelitan
14 G .
15 SEC. 9. Section 30102.5 is added to the Streets and Highways
16 Code, to read:
17 30102.5. The Bay Area Toll Authority shall fix the rates of the
18 toll charge, except as provided in Section 30921, and may grant
19 reduced-rate and toll-free passage on the state-owned toll bridges
20 within the jurisdiction of the Metropolitan Transportation
21 Commission.
22 SEC. 10. Section 30113 of the Streets and Highways Code is
23 amended to read:
24 30113. (a) The commission may utilize net revenues from
25 toll bridges in order to finance research on high technology motion
26 control devices to be used on the bridges.
27 (b) if the Metropolitan Transportation Commission allocates
28 toll bridge net revenuesuftnt to as defined in Section 39886
29 .30884, it may utilize net revenues from the bridges under its
30 jurisdiction to finance the research referred to in subdivision(a).
31 SEC. 11. Article 5 (commencing with Section 30200) of
32 Chapter I of Division 17 of the Streets and Highways Code is
33 repealed.
34 SEC. 12. Article 7 (commencing with Section 30350) of
35 Chapter 1 of Division 17 of the Streets and Highways Code is
36 repealed.
37 SEC. 13. Section 30600 of the Streets and.Highways Code is
38 amended to read:
39 30600. As used in this article,14e4 the following definitions
40 apply.
99
-9— SB 916
1 (a) "Authority" means the Bay Area Toll Authority created
2 pursuant to Chapter 4.3 (commencing with Section 30950).
3 (b) "Toll bridge" means that certain bridge across San
4 Francisco Bay known as the San Francisco-Oakland Bay Bridge
5 and the approaches thereto.
6 SEC. 14. Section 30601 of the Streets and Highways Code is
7 amended to read:
8 30601. The toll bridge and the approaches to it are a primary
9 state highway.No law providing that state highways shall be free
10 highways affects the power or duty of the ea igen authority
11 to fix the rates of toll for the toll bridge or the power and duty of
12 the department to collect the tolls so fixed by the
13 authority for the use of the toll bridge.
14 SEC. 15. Section 30603 of the Streets and Highways Code is
15 repealed.
16 39693. The department may eattse the toll "hi"Id-ge aft�
17
18 ,
19 fn" be reqttir-e4 by a" to dte toll.
20
21 festeratien 44-he*.,AJR bridge ---3 ---Methff-es oft appreftehes to the
22 same goe4 or4er-,
23 damage, ` .
24 SEC. 16. Section 30604 of the Streets and Highways Code is
25 amended to read.
26 30604. The department shall at all times cause the toll bridge
27 to comply with all lawful orders of the United States Secretary of
28 Wff Defense, the Chief of Engineers of the United States Army,
29 and of any other governmental agency or authority having
30 jurisdiction thereof
31 SEC, 17. Section 30605 of the Streets and Highways Code is
32 repealed.
33 30695. (a) The eost of i Y of the tollu
34
35
36 Goftaty of San Fnanteiseo shall be paid by the department frem E=he
37 tall 1 from the use and eperafien-ofthe4e4l
38 bridges aftd additional highway eressing. The eest of operation and
39
40 tells P&e now
99
SB 916 -10-
I
-10--•1 , Aall be paid by the
3
4 (b) The eost of ffiftintenaftee (emel"ive of the appreaebes) of
5 the tell bridge and any additionft! highwity eressing of gm
5
7
8
9 , an
10
11 bridge or other highwfty erassing oft -y-v II : tells are new being
12
13 Saft Franeisee Bay-, shall be paid by the depaf4fteftt&om the tells
14
15 as-=.
16 4f the ferms,and eenditions of my bonds Omt are outst-mit-ding-On.
LJi � , 195✓� 1111.413UL u1V iJ11,ab
le fi;offt the tolls are sueh as 18
q1/9 ,.,,., ,.,.... ...,. ., ..af,,. «�.,,
20 use an --atieft of the tell bridge, the eest of the mainteftaftee
21 shall be b-!., the depeftment fiant ng and to tteerae
22 1.. �A.- Sta' 14i 4-way Aeeotmt available for-the
pry/ '
23
24 ,tifAil the bonds
25 aft refimded or retired or until p&ymen+of the eest ef fnftff it
26
i preeeedings audiefieiftg
28 bonds. The State Highway Aeeount shall be reimbursed by the
29 eeirtmission for all itmottnts,so expended with interest thereaft
30
31
amount expended during afty one year-
32 , any bonds seeured-by
33aues of the t�oll bridge are r-ef6tided
34 ,
35 in th eedi fin e of bonds fief sueh
1 41iV 1.JiVVVVUl11gJ lUr purpose,
36 bends in et suffleiefft
37 Aeeetmt the '44e4 ift. if the --ulit is not.
38 eY r' 4s front the V V Vli M U11L. 4111 2L�G[1TiA
39
40 all other obligatiens seettred by revenues, of the 'tell
,
99
--11 — SB 916
1 whether-0-Yffleafts of bond issue or -fig efla%-,bEffe
2
3 &td the
, and the depaftm
age at a lute sulrleiem to
5
6 be paid into the State 14-W.I.-.y A UY Nxis--see-tion has beff.l.
7 pftid
8 The --ja ..,,-Ir-e be fepaid by this seetitent. shall be
9
10
I 1 SEC. 18. Section 30606 of the Streets and Highways Code is
12 amended to read:
13 30606. (e)-The cast of operating and maintaining the
14 architectural lights on the toll bridge shall be paid by the
15 department from toll bridge revenue funds available for the
16 operation of the toll bridge.
17
J
181988, the '
s
19 bttdget shall be atigntented by one person year and
ry
0 dollan ($50,000). Thereafter; the empeftse of e&�ffying out dtis
21 seetion qhaI4 be inelttded in the annual Bedget Aet.
22 SEC. 19. Section 30648.2 of the Streets and Highways Code
23 is repealed.
24 , as it
25 ,
26 Franeisee-Oakland Bfty Bridge for the ewriage of passengers
27 , lity
28 disfr4et,er polifieal subdivision,or by any transporw—fieft eoftV
29
30 SEC. 20. Section 30610 of the Streets and Highways Code is
31 amended to read:
32 30610. Expenditures for maintenance and operation of the
33 Terminal Building in San.Francisco shall be eligible as a proper
34 elm charge against the revenues of the San Francisco-Oakland
35 Bay Bridge in an amount not to exceed three million dollars
36 ($3,000,000) in anyfiscal fiscal year, subject to the adopted budget of the
37 authority and subordinate to the payment of bonds of the authority.
38 SEC. 21. Section 30750 of the Streets and Highways Code is
39 amended to read:
40 30750. As used in this article:
99
3
SB 916 — 12-
1
- 12-1 (a) "Exist4ttg _da_ Carquinez Bridge means that those
2 certain bridge spans on Interstate Route 80 across the Carquinez
3 Straits near Crockett, known as the Carquinez Bridge, together
4 with any existing or new and additional approaches thereto
5 necessary or desirable to connect with the present State Highway
,
7 shall exte il, eettsWaeted to ffeewity sfandwds, to Et poirA
{taapli ,.t !pr-exi . I
10 , to a Point approximately fiauf miles south afth-e
'� point
11
12 of Routes 14 and "" additional spans and the toll collection
13 facilities to serve both the existing bridge span and any additional
14 spans.
15 (b) "Benicia-Martinez Badge" means
16 a ne the toll bridge across the Carquinez Straits mai Groeket
17
18 e 64ffig rt ge, on Interstate Route 680 connecting the Cities of
19 Benicia and Martinez, together with a<ff any existing or new and
20 additional approaches thereto necessary or desirable to eomee
21
22 ,
23 to freeway standards,
24
25 ,
26 four miles Owl "Ie- -end of the bridge-,
27 whieh point -f the imer-seetien of Routes 14 and 406,
28 with respect to the present span or any spans and toll collection
29 facilities to serye r the bridge and the additieftal
30 toH4)ri�any additional spans.
31 " "
means a new toll bridge aeres
32 , the
33 Cities of Betiieia and Mwtinez,
34 ts settther4y to a ee—fien-with Route-446--and
35 ,
36 ftd
9
37
38
5
39
99
- 13-- SB 916
1 SEC. 22. Section 34751 of the Streets and Highways Code is
2 amended to read:
3 30751. The department is authorized to layout,acquire, and
4 construct the additional Carquinez Bridge and the
5 Benicia-Martinez Bridge as defined i this "bele, and to make
6 such modification, improvement, and reconstruction of the
7 existing bfi4ge Bridges as is necessary adequately to handle
8 anticipated traffic and permit the collection of tolls.T4te-ex
9 bridge and the additional Garqiainez 13fidge nifty-be operated as a
10 single tmit.
1 l SEC. 23. Section 30752 of the Streets and Highways Code is
12 repealed.
13
14 proN4siem of Otis aAiele, the eommissien is authorized to issue
15 reyeffue bonds: Exeept as herein other-wise pfeyided7--the
16
17
18 the revenue bonds, and the eommissieft and the department are
19
20 fir`a a--raonstssa et7 (-•and pl t bridges d thi
] 11L 111 Gtj ja`!
21
affiele and the improvement of the eycist4ng bridge.-
22
23
24 ,
25
26
27 medifiettfiefts mt,
28 . The May
29 '
31 offt� oft fleeessarf to
xukv,
Id`11F'Loti
33 The-reverme -8€-a ekr-h i__ not b aeeett ted r_
34 geparvAely4, bio may be alleem d as seettr-ify fer- all of the bonds
35
36 SEC. 24. Section 30753 of the Streets and Highways Code is
37 repealed.
38 30753. Th a is hereby auth-orized-te-iempose
39 tolls upon the existing bfidge and to eontinue to eelleol
44 ther-een&f the purposes olfuh.. I—ee.leet.oft 0.
99
i
SB 916 —14—
I
2 epefted'-- pub-he traffie. 44w eeftimissime is likewise authorized to
3
4
5
6 eelleetieft of"is upon the existing bridge md the a4+fiomal
7
8
9II&Le tell bri�e.No te4ls shallbe eharged for the use only of the
10
II Seetiat 30450
12 ,the tells shalf
applied �a evided axa ca vvaxu indenture yr
14 resolutieft of the eenuitission ffutherizing the issuanee of bends For.
15 ;
16
17
18 u expenses;nnd\ ! J eharges ina-uauaea.uvu
19 , and finatteing of the
20
21 detemined b three ma di the wa. bl x :C
J s e6ding asu�huxxvua vx
22
23 ftnd improvement of the bridges.
24 'r-11 I-11 mitime to be ee4leeted upon the existing the
,
25 , and the Benieia Meffinez Bridge
26
27 paid and refim4.
28 SEC. 25. Section 30754 of the Streets and Highways Code is
29 repealed.
30 30454. The eest of apetIation of the ems,4-- bridge, the
31 ,
32
33
34 the use ffind 4A41w —, of physieal
35 maintenanee,
36 agaiftst till fisks,
37ways. The-
38 dep-art-me.-A. shall previftle -11I. T—e for the wet
39
40IT
99
-15— SB 916
1
2 ,ineluditig but not 14mited to,
3 plfms, speeiftea6em,
4 , to the end that eaeb may be eaftAmeted
5 as seen as ftmds em be made available fiem the preeeeds of
7 SEC. 26. Section 30755 of the Streets and Highways Cade is
8 repealed.
9 30755. Thebridgesrefe d to in this art4ele shall beeeffle tell
10 free as soott as all bonds issued tmder this eAiele aft fitHy paid.md
11 r.
12 SEC. 27. Section 30756 of the Streets and Highways Code is
13 repealed.
14 307§6. While my revenue boftds issued per-suant to this
15 artiele are e sueb time as ftmds may be made
16 'he State of CaliferrAtt frein a-ny federal
17
1$ e x 66ftg ott 4emeary 1, 4 9
19 . Jg tentioned in this
20 artiele, of mty of them, or the refund .baitt;d W-1`''
21 , slwffl
22 be ere&ed to Selene f"
23
24
25 .
26 SEC, 28. Section 30757 of the Streets and Highways Code is
27 repealed.
2$ 30757. (a) Upon ifielusi
29
Y the
30 department may- de-mun'.. ffd e t trafflt e"aeity
e
31
32 , the departmem may
33 preeeed with all prelimiiiary work on aft ad4itienal tell bridge
34
35 Bridge, '
36 ,
37 for eemtruefieft7
3$ It Ir
39
99
SB 916 —16-
1 5
2 all obligations tvider the bond resolution applie Ism
3 SEC. 29. Section 30760 of the Streets and Highways Code is
4 amended to read:
5 30760. As used in this article.
6 Lf T5
7
8 Ameliet LwAing on Sheffnm island, ,
9 together-with my-_xiissfingg or new or a4ditioyW ft."maehes thereto
10 fteeessary or desimble to eefAteet the present Reetes 4,84,and 4 5
11 or my reafigmneat theree&-.
12 " " , `Antioch Bridge"means
13 a ne the high-level fixed-span bridge across the San Joaquin
14 River near Antioch to be laeated-"prexintately parallel to and
15 , together with the
16 approaches thereto
17 ,
18 ineludi#g neeess and the toll collection facilities for the bridge.
19idr,shalviftelitt ft for pedestrians and bieyeles-.
20 SEC. 30. Section 30761 of the Streets and Highways Code is
21 amended to read:
22 30761. The department is authorized to modify, improve,
23 reconstruct,and remodel the e.6s`ing bridge Antioch Bridge as is
24 necessary to adequately handle anticipated traffic and permit the
25 collection of tolls.
26 SEC. 31. Section 30762 of the Streets and Highways Code is
27 repealed.
28 30762. The department shall design and, as soon as
29 . The
30 department than L , di .,cher
4I1 expleft V UV Ulbl6l VL fitan
31 bend issuanee and, Wpossible,
32 eonneetion, 44--.. depft.A.M.eat sha4l seek federal -P-M
33 .
34 department seeeres tedefal fends for the eaftstreetien of the new
35 bfi(ge, the-dem fft-, we the e��t possible, all use federal
36 funds, ,
37 .
38 SEC. 32. Section 30762.5 of the Streets and Highways Code
39 is repealed.
99
........ ........ ......... ......... ......... ......... ......._. .........
.........__.......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ................
_. _ _........ ............ ...... ......_.
—17-- SB 916
1 3076205. T+e new Antieeh Bridge shall be eaftstmeted with
2 a fned4m b *�.
3 SEC. 33. Section 30763 of the Streets and Highways Cade is
4 repealed.
5 30763. if the depaAfnent detemines that reimposition Rolls
6 on the ex4sting bridge will net jeopardii!e the possibility of
7
$ fte ,
9 existing bridge. Revenues derived fi;om ffueh tells sha.41 be use'
10 solely for the Fellowing purposes,
11 , or remodelin
12 .
13 (b) 4`6 pay the easts of making studies and performing all
14 yineluding, but net jimited to, surveys, i
15 i s
16 ilayouts, traffie studies, appreaeh studies;
17 eenstAtant fees, and other prelintinary expenses fetted by 4=1-e
1$ dep&Ament to be fteeessary preliminarf to the issuanee and sale-of
19
20
21 new I n"--1 Bridge. All f-evermes eolleeted shall be deposited in
22 the Arttioeh Bridge Tell Revefme Ftmd, whieh is hereby ereme4;
23 end shall be available fer expenditure without regard to fiseal
24 y
25 (e) As seettrity for the payment of reveme bonds issued to
26 ,
27 , that the department may 4iseentinue operation of the
28 existing bridge-upon-Qh�e opening of the new "0 ritairge It,
29 tr,.r
30 SEC. 34. Section 30764 of the Streets and Highways Code is
31 repealed.
X3
3}2 30764. For the purpose _-f obtaining ftmds to finmee the
3 } the eo
,
34 a-utherized to issue revenue bonds. Notwithstanding any other
35 provision of low, revenue bonds sold for-my purpose mAhorized
36 by this artiele may be sold at an interest rate net e3feeediftg-9
37 pereeM pert'
3$ , dhe provisions of thew
39
40 30000)are hereby ffmde appheabk--to sueh reventte bonds,and the
99
SB 916 — 18—
I
- 18--1 Mid the departm.ent
2
3
4 T#re-een3 tis t a-V-1. ffidert-trfe,-erre
5 fesolution authorizing sueh bonds, suelt eenditieng as it deems
b
7 Antioeh Bridge, froffi and after the date it is opened to tffiffie, as
U .
9 SEC. 35. Section 30764.5 of the Streets and Highways Code
10 is repealed.
11 40464.5. !ft the revenue tissue to hitanee'L_ eatistmetion.
12 of a new Afttioeh Bridge,
13
14 ,
15 as the Beftieia ,�:a-duet. mfl t +neeti 3214-
16
21 r �
1Lli1WdL lalll'.f�], �JLll- • ,
15 (b) the Vilest Seveftth Street and RotAe 668-40 InWereh"a
17 pursuant to Seetion 620,11.
18 SEC. 36. Section 30765 of the Streets and Highways Code is
19 repealed.
20 30465. As -aft all-tematioe method of finaneing the nem,
21
22 30464.5, the may issue reveffue bonds seettred by
23 ,on Emd after
24 Beeember 1, 1949,
25 .
26 if}'r-cui=i�ofk is Q-1-4 1f''rr"Ltzl eed, 11 ll ae d r--- ter_
27 operation of the existitigbridge effld new Aftfioeh Bfidge shall be
28 paid into the same -AMIA as fevenues derived ffom the Garquiftez
29 "tidges tm-A Benieitt Nlartinez Bridge and shall be available for
30 expendi-ure for the gamy Y ifpos.a as th ftem Otose
31 bfidges.
32 SEC. 37. Section 30766 of the Streets and Highways Code is
33 repealed.
34 40766. if the feyenue bends to finanee the eenstfuetion of the
35
36
37 new Antieeh Bridge, as auffieT-ized by See'Hoft 30-465, all of these
38 bfidges may be operatedas-a si e .—A.The raven Ie*-o GZiVTl-V7
39 , but may be
99
I
_19— SB 916
1
2 the eemmission for these bridges.
3 SEC. 38. Section 30767 of the Streets and Highways Code is
4 repealed.
5 30767. Should at any tifne it beeame neeesse&y to eper-ate
b
7
8 i
9
11 altefnfttive method of fimmeitig authorized by 9--Z
12 used, in the -same -.176m. s revenues _FJ_PqFi-;V_P_J fir
13
14 ice-
15 SEC. 39. Section 30791 of the Streets and Highways Code is
16 amended to read:
17 30791. The department is authorized to modify, improve,
18 reconstruct, and remodel the San Mateo-Hayward Bridge and the
19 Dumbarton Bridge as is necessary to adequately handle
20 anticipated traffic and permit the collection of tolls.
21 SEC. 40. Section 30791.7 of the Streets and Highways Cade
22 is repealed.
23 ,
24 sttbjeet eM�ressly to flie provisions of any band reselttfien adopted
25 by the Galifornift Tell Bridge Authority for- the ptffpese 4
26 ,
27 and ttse r—eyenues de"fiyed ftvm the opefati r..—of flrc-4M
2$ Franeisee Gakland Bay Bfidge, the San Matee lfaywafd Biidge-,
29 ,
30
31 eons"etion of the approa hes to the -an Mateo 4 iftyard Btidge as
32 , ime4uding pledging
33 feventies .1-f the payment efr-eveftue bends issued to finanee sueh
34 eenstfuefien. This arefiett AM!_ be __ -ft- UY the � ,�cr�rfiafmzc
35 Tfffnsperwien Geffimissieft, ,
36
37
3$ the finaneing be, ' ,
39 issuanee of bonds. ift that event, the GftlifeMif T ion
40
99
I
l
SS 916 —20-
1
----20-1 of the etppf-eaehes based aft the Feeammendations submitted by-t-he
2 .
3 , the Legishttufe-hefeby
4 finds a"d deelar-es that the revenues derived&am the aper-afien
5 the Saft Ffafteisee Gaklmd Bay Bridge,the San Matee.14a-ywffd
6 „ r{7 ) Or .r D r T3fidgtt ms's Y b ! to fifianee
1,f
J✓
7
8 Bridge.
9 SEC. 41. Section 30792 of the Streets and Highways Code is
10 repealed.
11 49492. For the pmpose of obtaining ftmds to ett" aut the
12 Pfovisions of this m4iele, the eemmissieft is atAher-ized to issue
13 ,
14
15
16 the revenue bonds, and the eammissieft mtd the t.IU llilll 41l
17 aut-harized to do any ftnd all things porsumit to law neeessafy'to
18 finanee, reemstruet,and improve the San Matee-Ilaywud Bridge
19 .
20
ftutherize o-v Loft A-
21 to be sttffieiefft to eomplete the entlife A,ofk hefized ift
22 ,
23 ,
24 it d--ms .,.
25 SEC. 42. Section 30792.2 of the Streets and Highways Code
26 is repealed.
27 30792.2. Upon eompletiam of the s-M-di-e- --A
28 wofk provided for in Seetion 30792.1,-.'-.eCitailmmia To!!Bridge
29 Authefity shall, as promptly fts teasibk, issue revenue battds--�
30 . Stteh bonds
31 AM41 be semfed by the revenues deposited in the San
32 Ftaneiseo 9aklmd Bay Bridge T-641 Revenue Fund as provided-by
33
34 by Seetion 3A:7Q4r. Queloa ,eorrcocrr¢c nicrirtr.T-mra-v_
35 inelude funds in an ame
36
37
38 finds oft the basis of the estimates of eost,
39 available to it will be stiffleient to meet its obligations with respeet.
40
99
-21 — SB 916
2
3 whose territory the ehes thereto P&e leeffted-,
4
5 *he- pro .e—Legislature findsandthat .Le
6 imposed _j Mp". _,t Of the StaktAes of 1972 he&e
7
moi.h
the a .,+.....-.4:..« o Llx
9
10 approvals,provided,
11 west appreaeb,
12Lo the west appfatteh, and a
13 Willow Read eemeetion to the west all leeated as,
1
14follows!
15
16 bridge and extwefidd along the preseitt westerly IMIlow Road
17 apprefteh approximately 9,000
19 The ANqllew Read eemeetion to the west approoeh shall eemeet
20
21
22 approximately,4,900 feet.
23A-yefrde eenneetion'-- the west appreaeh shall
24 eeffneet *R thp, MIXIlest approaeh---ea it ft Pei
25 approximately 6,009
26 bridge where it refs d
27
28Notre
29 Dame Avenue, a distanee of approximately 4,000
30 The Marsh Road eenneetion to .'.',.e westppfettell.shall eormeet
31 with the west approtieh fit a point approximately A CA V_e'east ole
32westerly along-a
33 4 00 feet;mire right of.,� formerly •1 to j1A
.... rvrirr ccc-c�mrcasermentc-h6m
3[. .taxa t�.ir+s"s.w G..a...., Water Il.. ,.t a to a1 n.r 1, i7 A A
35 Route 10 1 intefehange, a distanee of approximately 9,500 .
......6, pr lira ueyuitrrxerrz
37
38
39
99
f
SB 916 —22-
1
-22-
1
2
3 SEC. 43. Section 30793 of the Streets and Highways Code is
4 repealed.
5
6
unit,and shal
7 eentinue to eelleet tells on beth bridges fef pttrpeses of paying any
9any
10
11
12 alleeated as seftrity for- all of the bonds issued ptffsttant te this
13 article:
14 ,as may be provided in a be
15 indenture
or resolution of the
b atm
16 of bands,
17 ,
18 other .—' I-_ the pfeteetio or retirement of the
bends;
19 aper-ation and insumnee expenses; (d)the r-epayment of the State
20
21 of the Statutes of 1957; and (e) any other- eharges in-eeaneefifm
22 ) ,
23 , and finaneing of dhe San Matee-.Rayward Bridge
24
and the of the Dumba-ftan Bridge as may I--
25 detemained by the ee eluding the estftblishdneftt-�
/2{6
27 and impfovemefft of the Sam. �Aftte.a Hayward Br4dge tind the
28 DumbaAon Bridge.
29 SEC. 44. Section 30794 of the Streets and Highways Code is
30 repealed.
31
32
33 Matee Bridge 41,
34 high eeeupaney ehi l
35 ,the new DumbaAen 13r-idge
36 is that peftien of State 1.4fighway Re I ate 84 between-4he-new
37 Dumbatten _B-.id.gt-4F-_III. -Plaza oft the east side offhe bay and the-,
38 iffter-see-tion of University Avenue on the west si—de ofulte Ufty.
39 ,the new Dumbaften Bf:i�
40
99
1
-23— SB 916
1 (1) Thftt pol4ion of State Highway Route 84 between-SteAe
2 Highway Route 4 01 and the bridge att the west side of the
'
3
known"as"the "Route"S4-eonricc`crozr.-^'-
4
5 D-Ze State Highwf�y Route
cc
1777 (""�8fwsb 1.........W, ets t n A.f ! l - t`
8 = hefly Gonneeton, to be 7
yl
7
10 easterly difeetieft to State Highway Route
f
11 4-0 7
12
13 (4) That peftion of Sto Route 84 beeween-Stoe,
14 Highway Rou+e 8819 and t1te br*e ott -of the ba),
15 (d) As ttsed it-mss se�etia , " .'gh ocy vehielc75 its
16
17 department that number to thfee or mefe pteseemt to
18 siv
19 , for Pth-poses of this seetion,
20 develop-erkertft for high-eee ey vehiele lanes and the
21
22 ine4ttde, bW afe not limited to,
all of the following.-
23
24
25 (B) High-A-a-Y-safety.
26
27
28 ineluding, but not limited to, a sn tide lots
29 fiteilities.
30
31 .Cie oeeup fteft+q of the
32 ,
33 high „Mile
.routes.
34 (G) Mamifntffn utifizatian of lanes.
35
36 managemeftt
37
38 fneaStj S, appfoyeA --Aquality management plafts,
39 tfaftspettatieft plans,
99
SB 916 —24—
.113\ 24•—
,
2 , prepare an
f�r high.
/3 s plwtned ' ..,.., f
i7
es and the5
7
O
9
10 (3) The depafftnem shall notify the at least 39 days
,
11 prior-to holding the publie fneefiftg reqttifed by par-agmph (2), of
12
13
14 SEC. 45. Section 30795 of the Streets and Highways Code is
15 repealed.
16
.17 Best of insetanee agat -f Itwesq ell—I's
18 shall be paid ffofn+he tells and revenue reeeive .,em the use aftAd
19
20 inelut in teast F iftseraftee f a bridges a l 1
� b f
21 Aft he
22 Bede.
23 SEC. 46. Section 30881 is added to the Streets and Highways
24 Code, to read:
25 30881. "Authority" means the Bay Area Toll Authority.
26 SEC. 47. Section 30884 of the Streets and Highways Code is
27 amended to read:
28 30884. (a) "Net transit revenues" means those revenues of
29 the San
30 Francisco-Oakland Bav Bridge, the Sun Mateo-Hayward Bridge,
31 and the Dumbarton Bridge determined by the authority as derived
32 from the toll increase instituted by the commission in 1977. The
33 calculation of the amount of the net transit revenues is
34 approximately equal to 16 percent of the revenue generated each
35 year from the collection of the base toll at its level in existence far
36 the 2001-02 fiscal year on the San Francisco-Oakland Bay
37 Bridge, the San Mateo-1-Iayward Bridge, and the Dumbarton
38 Bridge.
39 (b) The net transit revenues are subordinate to all of the
40 following:
99
-25— SB 916
1 (1) The obligation to pay necessary costs of toll collection
2 operation, ,
3 to ....tete.
4 (2) The obligations assumed-- y of 'the Galifentia
5 authority under any bond resolution
6 or indenture applicable to the toll bridge,aM(e)-ta bridges.
7 (3) The obligation to repay any advances made to the
8 department from any other source for studies and work
9 preliminary to the financing of any toll bridge project.
10 SEC. 48. Section 30885 of the Streets and Highways Code is
11 amended to read:
12 30885. "Toll bridge" means any state-owned bridge to
13 the jurisdietieft of the California 44�ftnspertation
14 including the approaches to the toll bridge from the nearest
15 highway that is not for the exclusive use of toll bridge traffic,ate#
16 located within the region under the jurisdiction of the commission.
17 SEC. 49. Section 30886 of the Streets and Highways Code is
18 repealed.
19
20 , aftd of the federal
21 ,
22
23
24
25
26 SEC. 50. Section 30887 of the Streets and Highways Code is
27 amended to read:
28 30887. The
29
30 within the region tmder- its jurisdietion aM (b) the Galifema
31 TraflVerta4ian Commission has approved the proposed teff
32 sehedu4e.
33 authority
34 may increase the toil rates specified in the adopted toll schedule if
35 this is necessary in order to enable the Galifemia
36 C-&mmi� authority to meet its obligations under any bond
37 resolution or indenture.
38 SEC. 51. Section 30888 of the Streets and Highways Code is
39 repealed.
99
SB 916 —26-
1 30888. The Gatm-aiff9ion—shtfl4
2 expe, appf-eve —11 sebedule proposed by the
3 �"�pypt
pmpesed tofl—seheduk w-11 result in either of the following!
�5
V
7 eosts ef operation, rehabilitation, and neeessavf safe
O .,
(2) to meet the. obligations asgumed by the
9 California T-fanspeitation Genifnission under any bond resolution
10 , and(3)to fepay any ftdyaflees"tade
11
12 pfelintinmy to the finaneing of any tell bfidge project-.
13 , but ne
14 —.4--ventent of traffie and the
15 eelleetion of tQ13S
16 SEC. 52. Section 30889 of the Streets and Highways Code is
17 repealed.
18 30889, Th i, in establishing to4l ehafges--��
l9 I—A 11, s all give eensider-atiort to the eost of operating te!4
20 ,the tells oft whieh are pledged its seetm*for bon&-i�
21 "d outstanding. The eest of operation shall inelude the east of
22 insurtmee, the antount required annually to mee"the rede"tien
23 of bands issued and eut9tanding ft;ern whieh tells "e pledged"
24
25 . The
26
27
2s The net revenues may not exeeed the avefage annual firaneial
29 eommitment made toward tr-ansit eapital improvements &em tell.
30 , A-f6ng the 1977 78 and 1978 79 fiseM
31 years,
32 ,the
to (-) deer-ease tmffie flow eft'd,five
34 b ., F„ a fie .,�,.,..�meths..,, t
�vj viiiaiig�. peak traf
35
36 }stem:
37 SEC. 53. Section 30889.3 of the Streets and Highways Code
38 is amended to read:
39 30889.3. (a) ,
40 The authority may
99
-27— SB 916
1 grant toll-free passage or may adopt,
2 than �ufte-3"gin', a reduced-rate schedule of tolls for elass 1
3 vehicles occupied by three or more persons, including the driver,
4 and for buses crossing the G"quiftez mid Martinez Beftiei
5 Dries bridges. The reduced-rate toll for those vehicles shall be
6 determined by the
7 authority ineeeperatien consultation with the Department of
8 Tmnspertatidepartment, and may consist of reduced daily tolls
9 or an-anal payment in lieu of daily tolls. The_edtieed _fftn tell
10
11 shall be arrmyed by the tflIW4NM*fttiOfk Go"Ifflissi
12 aeeefdattee with Seetion 30888. If the authority grants toll-free
13 passage or adopts a reduced-rate toll schedule under this
14 subdivision, it shall grant toll-free passage or adopt the same
15 schedule for class I vehicles designed by the manufacturer to be
16 occupied by not more than two persons, including the driver, if
17 these vehicles are occupied by hvo persons, including the driver:
18 (b) Tolls on the bridges
19 shall be maintained at rates sufficient to meet any obligation
20 covenants or obligations to the holders of bonds secured by the
21 bridge toll revenues, as set forth in any bond resolution in
22 en jatmary 4, 1991, or eevenants indenture or obligation
23 contained in bonds issued pursuant to the bond resolution or
24 indenture, and the
25 authority shall revise or eliminate the reduced-rate toll schedule
26 adopted pursuant to subdivision (a) as necessary to ensure
27 compliance with those covenants and obligations.
28 (c) The authority may also vary, as it deems advisable, the toll
29 rates applicable to a vehicle operated on the bridges for the
30 carriage of passengers by any municipal or public corporation,
31 transit district,public utility district,political subdivision, or by a
32 transportation company operating under a certificate of public
33 convenience and necessity
34 SEC. 54. Section 30890 of the Streets and Highways Code is
35 repealed.
36 , the depaAment shall
37 deposit the tet rei`Pi e-s iia-Me Toll Bridge Rey n t
38 .
39
40 , who shall, after deduetions for- admittistfative
99
f �
SB 916 —28-
1f at least qttaftertly,
2
3 SEC. 55. Section 30890 is added to the Streets and Highways
4 Code, to read:
5 30890. The authority shall transfer the net transit revenues,as
6 defined in Section 30884, to the commission on a regularly
7 scheduled basis as set forth in the authority's annual budget
8 resolution.
9 SEC. 56. Section 30891 of the Streets and Highways Code is
10 amended to read:
11 30891. The commission may retain, for its cost in
12 administering this article,an amount not to exceed one-quarter of
13 1 percent of the net revenues allocated by it pursuant to Section
14 30892 and of the fhet revenues allocated by it pursuant to
15 subdivision of Sections 30913 and
16 30914,
17 SEC. 57. Section 30894 of the Streets and Highways Code is
18 amended to read:
19 30894. The commission shall adopt and distribute procedures
20 for the submission of applications for funding and allocation of
21 funds. Only those applications for projects whiel that will
22 implement the commission's eapital transit planning objectives in
23 the vicinity of toll bridges as set forth in its adopted regional
24 transportation plan;or the commission's objectives with respect to
25 ferry systems;shall be approved.
26 SEC. 58. Section 30896 of the Streets and Highways Code is
27 repealed.
28 30896. No4ting in this affiele shall be eanstmed to prohibit.
29
30 n 30792.2;
31 and the pledge m".–use of the reve"es of other toll bfidges in
32
33 eenswaetion if eathofized by other-pro
34 in stteh a ease,
35 f of befli,ass the
36 ease may be,i
37 fevenues for deposit in the Toll Bfidge Revenues Aeeou _11 ifl.
38
39 SEC. 59. Section 30910 of the Streets and Highways Code is
40 amended to read:
99
I
-29— SB 916
1 30910. (a) The state-owned
2 toil bridges in the region Undef within the geographic jurisdiction
3 of the Metropolitan Transportation.Commission are elan ie4-m
4 .
5
6 the
7 following bridges:
8 (1) Antioch Bridge.
9 (2) Benicia-:Martinez Bridge.
10 (3) Carquinez Bridges.
11 (4) Dumbarton Bridge.
12 (5) Richmond-San Rafael Bridge.
13
14 ,
15
16 {
17 (6) San Mateo-Hayward Bridge.
18
19 (7) San Francisco-Oakland Bay Bridge.
20 (b) The Antioch Bridge, the Benicia-Martinez Bridge, the
21 Carquinez Bridges, and the Richmond--San Rafael Bridge are at all
22 times classified as the northern bridge unit, and the Dumbarton
23 Bridge, the San Mateo-Hayward Bridge, and the San
24 Francisco-Oakland Bay Bridge are at all times classified as the
25 southern bridge unit. For purposes of°operation, rehabilitation,
26 maintenance, and financing, all of the bridges are classified as a
27 single enterprise.
28 SEC. 60. Section 30911 of the Streets and:Highways Code is
29 repealed.
30
31
32
33 ,
34 State A
35
36as
37 subaieelatints w"'" 450-an Fffmeiseo"a) A.
38 Aeeeinit,
39
40 .
99
SB 916 —30—
1 (d) (a) After the requirements
r� 1 hqi `'—iliTofIT9�band`S G'Se'1'YI}Cic7Ri-c71'"ti�7c_
G
3 , the depaAment shall , at
4
5 , and pamgfaph(4)
6 30914, to the 4�ajl Bfidge Revenues Aeeo nt.
7 Tmttspertatieft Fund.
$ , all in
10
11 ,
12 E'@# to f�-ttt�irrirr3-and-rvndfrtroT of Etbondresolution rn
rmrrn m-
- l - --
13
14
15 Seetion 30920,
16
17
18 , of pafagfeph(4) of Seetion 39914.
19 (2) For purposes of pamgmph (4), 111e 1V+Y ValuYV defined TTL
20 s4bdivisieft(b) of Seetiefts 30913 and-62019 I A --A _r
21
22 sittee 4eftuffy 1, 1989.
23 SEC. 61. Section 30911 is added to the Streets and Highways
24 Code, to read:
25 30911. . (a) The authority shall maintain the Bay Area Toll
26 Account and other subaccounts it deems necessary and appropriate
27 to document toll revenue and operating expenditures in
28 accordance with generally accepted accounting principles.
29 (b) (1) After the requirements of any bond resolution or
30 indenture of the authority for any outstanding revenue bonds have
31 been met,the authority shall transfer on a regularly scheduled basis
32 as set forth in the authority's annual budget resolution, the
33 revenues defined in subdivision(b)of Section 30913 and Section
34 30914 to the commission. The funis transferred are continuously
35 , appropriated to the cornmission to expend for the purposes
36 specified in subdivision(b)of Section 30913 and Section 30914.
37 (2) For the purposes of paragraph(1),the revenues defined in
38 subdivision(b) of Sections 30913 and 30914 include all revenues
39 accruing since January 1, 1989.
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I
— 31 — SB 916
1 SEC. 62. Section 30912 of the Streets and Highways Code is
2 amended to read:
3 30912. (a) Revenue derived from tolls on all bridges i"
4 midge unit may be expended eit ttfty bridge and its a"r-oaehes in
5 thett tm , subject to the adopted annual budget of the authority, for
d any of the following purposes:
7 (1) Safety and operational costs, including toll collection ftfid
8 itstre.
9 (2) Costs of bridge construction and improvement projects
10 speeif ed in Se tion" 39919 ,,.,,d 30914;including debt service and
11 sinking fund payments on bonds 4o-be issued by the Cali pie
12 Tfansporta4ion Gommiss authority for those projects. The
13 repayment of any advances from other state funds may be made
14 from the toll revenue or bond proceeds. No additional boMs
15 seettred by the fevenues of any bridge speeified in Seetion 309 19
16 shall be isseed withotff the fidrther appfoyttl of the Legislature,
17 emeept to finmtee, in whole or in paTt, the pfe�eets authorized by
18
19
20
21 (b) i' . ��, tL� The revenue determined by the authority as
22 derived from the toll increase approved in 1988, and authorized by
23 Seefiofts39946an Section 30917 for Class I vehicles on the San
24 Francisco-Oakland Bay Bridge shall be used, to the extent
25 specified in paragraph(4)of subdivision(a)of Section 30914, for
26 the construction of rail extensions specified in Section 30914 or for
27 payment of the principal of, and interest on,bonds issued for those
28 projects, including payments into a sinking fund maintained for
29 that purpose.
30 (c) Maintenance of the bridges specified in Section 30910 shall
31 be funded in accordance with procedures for funding maintenance
32 of the southern bridge unit during the 1986-87 fiscal year.
33 SEC. 63. Section 30913 of the Streets and Highways Code is
34 amended to read:.
35 30913. (a) In addition to any other authorized expenditure of
36 toll bridge revenues, the following major projects may be funded
37 from toll revenues .
38 (1) Benicia-Martinez Bridge: Widening of the existing bridge.
39 (2) Benicia-Martinez Bridge: Construction of an additional
40 span parallel to the existing bridge.
99
I
I
SB 916 —32-
1
32-1 (3) Carquinez Bridge. Replacement of the existing western
2 span.
3 (4) Richmond-San Rafael Bridge: Major rehabilitation of the
4 bridge, and development of a new easterly approach between the
5 toll plaza and Route 80, near Pinole, known as the Richmond
6 Parkway.
7 (b) 895.5,
8
4 40916 and 309 4 4 en all bridges in the neAhern bridge unit fn"be
10 The
11 toll increase approved in 1988, which authorized a uniform toll of
12 one dollar ($1.00) for two-axle vehicles on the bridges and
13 corresponding increases for multi-axle vehicles, resulted in the
14 following toll increases for two axle vehicles on the bridges:
15
16 Bridge 1988 Increase
17 (Two--axle vehicles)
18 Antioch Bridge $0.50
19 Benicia-Martinez Bridge .60
20 Carquinez Bridge .60
21 Dumbarton.Bridge .25
22 Richmond-San Rafael Bridge .00
23 San Francisco-Oakland Bay Bridge .25
24 ,San Mateo-Hayward Bridge .25
25
26 Portions of the 1988 toll increase were dedicated to transit
27 purposes, and these amounts shall be calculated as 2 percent of the
28 revenue generated each year by the collection on all bridges of the
29 base toll at the level established by the 1988 increase. The
30 commission shall allocate one-third of these amounts for
31 transportation projects, other than those specified in Sections
32 30912, 30913,and 30914,which are designed to reduce vehicular
33 traffic congestion and improve bridge operations on any bridge-in
34 tln �, including,but not limited to,bicycle facilities and for
35 the planning, construction., operation, and acquisition of rapid
36 water transit systems. Aft additional 2 pefeent of the
37
38130917 shall be alleeftted by the Metfopohtait T-fansportatioft
39 The commission shall allocate the
40 remaining two-thirds solely for the planning, construction,
99
-33— SB 91:6
1 operation, and acquisition of rapid water transit systems.The plans
2 for the projects may also be funded by these moneys. "
3
4
5
6
7
8 (c) The department shall not include, in the plans for the new
9 Benicia-Martinez Bridge,toll plazas,highways,or other facilities
10 leading to or from the Benicia-Martinez Bridge, any construction
11 wh eh that would result in the net loss of any wetland acreage.
12 (d) With respect to the Benicia-Martinez and Carquinez
13 Bridges,the department shall consider the potential for rail transit
14 as part of the plans for the new structures specified in paragraphs
15 (2) and(3) of subdivision (a).
16 (e) At the time the first of the new bridges specified in
17 paragraphs(2) and(3) of subdivision(a)is opened to the public,
18 there shall be a lane for the exclusive use of pedestrians and
19 bicycles available on at least,but not limited to,the original span
20 at Benicia or Carquinez, or the additional or replacement spans
21 planned for those bridges. The design of these bridges shall not
22 preclude the subsequent addition of a lane for the exclusive use of
23 pedestrians and bicycles.
24 SEC. 64. Section 30914 of the Streets and Highways Code is
25 repealed.
26
27 proje *11-a ff my-be,
28
29
30
31
32
33 ,
34
35 t
36
37F F
38
39
40
99
SB 916 —34-
1
34--
/ Not less Own 90 r'rfeent of the reventies Vlll ll lw
3 Bridge fmtherized
by See-tions x'211111 L aft,� "30917 shall
l� c.� ,! 'Bevw u.�w�i.
4 fieff
5
7
8 30916 and 3091.7 ffi all biidges in the setithern bridge unit n%y be
9
10 trEffispartatieii prejeefs, other thafl. S-Fee* le
11 y !
12 traffie eangestion oft a" bridge that but ftet
, itteluding,
13 ,i.. fed t bi hie f eiliti _.a� . y
litlli tLLl [ ,
14 eperatien,
1s
16
, tmtherized by Seetions 30916 and 30947 shall be alleeated by the
17
18 the plartning, ! epefeAieft, ion of faPi
19 . t.
20 funded by these meneys. 44tis seetion does not
21 allaeation
of .3 for tr it et . .6 ie _ y y
tea' ��^�� Yl lllwli 2J lilL iJI131TGGSIL
22
23
24
2s
26
27tra"94 att the San
28
29 widening that bridge.
30 SEC. 65. Section 30914 is added to the Streets and Highways
31 Code, to read:
32 30914. (a) In addition to any other authorized expenditures
33 of toll bridge revenues, the following major projects may be
34 funded from toll revenues of all bridges.
35 (1) Dumbarton Bridge: Improvement of the western
36 approaches from Route 101 if affected local governments are
37 involved in the planning.
38 (2) San Mateo-Hayward Bridge and approaches: Widening of
39 the bridge to six lanes, construction of rail transit capital
99
-35— SB 916
I improvements on the bridge structure, and improvements to the
2 Route 92/Route 880 interchange.
3 (3) Construction of West Grand connector or an alternate
4 project designed to provide comparable benefit by reducing
5 vehicular traffic congestion on the eastern approaches to the San
6 Francisco-Oakland Bay.Bridge. Affected local governments shall
7 be involved in the planning.
8 (4) Not less than 90 percent of the revenues determined by the
9 authority as derived from the toll increase approved in 1988 for
10 Class I vehicles on the San Francisco-Oakland Bay Bridge
1I authorized by Section 30917 shall be used exclusively for rail
12 transit capital improvements designed to reduce vehicular traffic
13 congestion on that bridge. This amount shall be calculated as 21
14 percent of the revenue generated each year by the collection of the
15 base toll at the level established by the 1988 increase on the San
16 Francisco-Oakland Bay Bridge.
17 (b) If the voters approve a toll increase in 2004 pursuant to
18 Section 30921, the authority may fund the following major
19 projects that have been determined to reduce congestion or to
20 make improvements to travel in the toll bridge corridors, from toll
21 revenues of all bridges.
22 (c) Not less than percent of the revenues generated from
23 the 2004 toll increase shall be made available annually for the
24 purpose of providing operating assistance for transit services as set
25 forth in the authority's annual budget resolution.. The funds shall
26 be made available to the provider of the transit services subject to
27 the performance measures described in Section 30914.5. If the
28 funds cannot be obligated for operating assistance consistent with
29 the performance measures,these funds may be obligated for other
30 purposes consistent with this chapter.
31 (d) For all projects authorized under subdivision (b), the
32 project sponsor shall submit an initial project report to the
33 authority before July 1, 2004. This report shall include all
34 information required to describe the project in detail,including the
35 status of any environmental documents relevant to the project,
36 additional funds required to fully fund the project,the amount, if
37 any, of funds expended to date,and a summary of any impediments
38 to the completion of the project. This report,or an updated report,
39 shall include a detailed financial plan and shall notify the authority
40 if the project sponsor will request toll revenue within the
99
SB 916 —36-
1 subsequent 12 months.The project sponsor shall update this report
2 as needed or requested by the authority or the commission. No
3 funds shall be allocated by the authority or the commission for any
4 project authorized by subdivision (b) until the project sponsor
5 submits the initial project report, and the report is reviewed and
6 approved by the commission.
7 (e) If a project sponsor cannot meet its performance measures
8 or if the project cannot be completed or cannot continue due to
9 project delivery or financing obstacles making the completion or
10 continuation of the project unrealistic, the commission shall
11 consult with the project sponsor. After consulting with the sponsor,
12 the commission shall hold a public hearing concerning the project.
13 After the hearing,the commission may vote to modify the project's
14 scope,decrease its level of funding, or to reassign all of the funds
15 to another project within the same corridor.
16 (f) If the voters approve a toll increase in 2004 pursuant to
17 Section 3 092 1,the authority shall within 24 months of the election
18 date, include the projects in its long-range plan that are consistent
19 with the commission's findings required by this section and
20 Section 30914.5. The authority shall update its long-range plan as
21 required to maintain its viability as a strategic plan for funding
22 projects authorized by this section.
23 SEC. 66. Section 30914.5 is added to the Streets and
24 Highways Code, to read:
25 30914.5. (a) Prior to the allocation of revenue for transit
26 operating assistance under subdivision (c) of Section 30914, the
27 commission shall adopt performance measures related to fare-box
28 recovery, ridership, and other performance measures as needed.
29 (b) The commission shall execute an operating agreement with
30 the sponsors of the projects described in subdivision(c)of Section
31 30914. This agreement shall include,at a minimum,a fully funded
32 operating plan that conforms to and is consistent with the adopted
33 performance measures. The agreement shall also include a
34 schedule of projected fare revenues or other operating revenues to
35 indicate that the service is viable in the near term and is expected
36 to meet the adopted performance measures in future years.
37 (c) Prior to the annual allocation of transit operating assistance
38 fiends by the commission pursuant to subdivision (c) of Section
39 30914, project sponsors shall present an annual report to the
99
-37— SB 916
1 commission that contains an audit opinion on the status and cost
2 of the project and its compliance with the performance measures.
3 SEC. 67. Section 30915 of the Streets and Highways Code is
4 amended to read:
5 30915. With respect to all construction and improvement
6 projects specified in Sections 30913 and 30914,prgject sponsors
7 and the department shall seek funding from all other potential
8 sources, including,but not limited to, the State Highway.Account
9 and federal matching funds. The project sponsors and department
10 shall report to the authority concerning the funds obtained under
11 this section.
12 SEC. 68. Section 30916 of the Streets and Highways Code is
13 amended to read:
14 30916. (a) -Nof late that. 60 days after.t,, eff eti a .. c
-Nof lii4V1 41I4[II VV-CLZI�J-AL Vl 111V LIIV{iZiV�L�IIA�L�D'I
15 the amendmems made to this seetiatt by Seitate Bill 47 of th
16 1997 98 Regular Sessi&n-, The base toll rate for vehicles
17 crossing the state-owned toll bridges within the geographic
18 jurisdiction of the
19 es commission as of January 1, 2003, is as follows:
20
21 Number of Axles Toll
22
23 Two axles $ 1.00
24 Three axles 3.00
25 Four axles 5.25
26 Five axles 8.25
27 Six axles 9.00
28 Seven axles&more 10.50
29
30 (b) If the voters approve a toll increase in 2004, pursuant to
31 Section 30921, commencing July 1, 2001, the base toll rate for
32 vehicles crossing the bridges described in subdivision (a) is as
33 follows:
34
35 Number of axles Voll
36 Two axles $2.00
37 Three axles 4.00
38 Four axles 6.25
39 Five axles 7.25
99
SB 916 —38-
1
38-1 six axles 10.00
2 Seven axles & more 11.50
3
4 (c) The authority shall increase the amount of the toll if
5 required to meet its obligations on any bonds or to satisfy its
6 covenants under any bond resolution or indenture. The authority
7 .shall hold a public hearing before adopting a toll schedule
8 reflecting the increased toll charge.
9 (d) Nothing in this section shall be construed to prohibit the
10 adoption of either a discounted commute rate for two-axle vehicles
11 or of special provisions for high-occupancy vehicles under terms
12 and conditions prescribed by th
13 Gas authorio,in consultation with the department.
14 SEC. 69. Section 30917 of the Streets and Highways Code is
15 repealed.
16 30917.
,, The tells en my afthe bridges speeified in Seeti
17 �Qqln L-111- 81—notbeine asedprief to the ftvailability of the result
18
19 , San
20 Matee, Santa Clem,and Solane to detem-tim whether the residents
21
22 .1 veltieles. The revenue derived fretn the toll ifterease shall be used
23 to finanee eapital outlay for-bridge eaffitmefieft md faqjer bridge
24 �: ,�y� ,,Y . , .� ,.. nn
41V4{V1V. 1\VL 1V0�7 tzlu 1 7V
25
26 -,,ehieles on the Saft Frmeisee Oakland Bay Bridge shall be tised
27emem projeets designed to
28
29
30 f k �:�#i�rro 1 , — Code;the
31
32
33
34 shall be eenselidftted with the Nevewsbef 8, 4 988, general ejeefieft.
36 ,
37 .
38 "Shall the .-alifi Gowmaissionand the
39 Metfap litftft Trftnspeoafieti—Gommi'ssiett be urrinonzed to
40
99
-39— SB 916
1 ts, ,
2
3
5 (e) The resttits of the speeial eleetion shall be mporte4-by-the
6
7
8 the voters veg en the question. at the
eleetieft vet,.,
9 sffi ,Jr .. ..li T. hall.
10 adopt the fell sehedule proposed by the -Met-re-pallit"m
11
12 ,
13
q estien at t
14 ,
15 V a.lti,' 1V11VwZil3
16 zeft .
17 (e)-E-xeepf as provided in Seetian 40918,thew-41 .-MM.-
18
t9
20
21 SEC. 70. Section 30917 is added to the Streets and Highways
22 Code,to read:
23 30917. Pursuant to a special election in 1988 held in the City-
24
ity24 and County of San.Francisco and the Counties of Alameda,Contra
25 Costa, Marin, San Mateo, Santa Clara, and Solano, the voters
26 approved a uniform toll charge of one dollar ($1) for Class I
27 vehicles crossing the state-owned toll bridges within the
28 geographic jurisdiction of the commission. Except as provided in
29 Section 30914, the revenue derived from that toll increase shall be
30 used to finance capital outlay for bridge construction and major
31 bridge improvements as is fiscally practicable.
32 SEC. 71. Section 30918 of the Streets and.Highways Code is
33 amended to read:
34 30918. (a)—It is the intention of the Legislature to maintain
35 tolls on all of the bridges specified in Section 30910 at rates
36 sufficient to meet any obligation to the holders of bonds secured
37 by the bridge toll revenues. The
38 Cammissie authority shall retain authority to set the toll schedule
39 `as may be necessary to meet those bond obligations and to
40 satisfy its covenants under any bond resolution or indenture.
99
SB 916 —40-
1
-----40-
1 %'�'I i" this ehapter 9611 be eenstfued to prevent the
2
3 pfavisions of a"band r-eseletiett in efieet eft;�uly 1, 1988.
4 SEC. 72. Section 30919 of the Streets and Highways Code is
5 amended to read:
6 30919. (a) Consistent with its adopted regional
7 transportation plan, after the requirements for debt service on the
8 outstanding toll bridge revenue bonds have been met, the
9 commission shall
14 allocate the revenues identified in subdivision (b) of
11 Section 30913 and to eligible public entities and to the
12 department.
13 (b) The revenues expended pursuant to paragraph (4) of
14 subdivision (a) of Section 30914 shall be expended on rail
15 extension and improvement projects designed to reduce vehicular
16 traffic congestion on the San Francisco-Oakland Bay Bridge.
17 Seventy percent of the revenues shall be expended on rail
18 extensions and improvement projects in the Counties of Alameda
19 and Contra Costa, including, but not limited to, extending the
20 regional rail system in the Concord-Antioch, Fremont-San Jose,
21 and the Bayfair-Livermore rail transit corridors. The remaining 30
22 percent shall be expended on rail extensions and improvement
23 projects in the City and County of San Francisco and the Counties
24 of San Mateo and Santa Clara.
25 (c) The "
26
27
28 -egislaturf '�90 commission mgay commit to
29 multi-year allocations and expenditures for projects over extended
30 time periods to maximize funding opportunities and project
31 progress.
32 SEC. 73. Section 30920 of the Streets and Highways Code is
33 amended to read:
34 30920. (a)-The Galifemia T spelt ti n Ge ssie.f]
35 authority may, not-withstanding stibdivision (e) of Seetion
36 30102.5 issue toll bridge revenue bonds
37
3839900) of to finance any or all of the projects,
39 including those specified in Sections 30913 and 30914, if the
40 issuance of the bonds does not adversely affect the minimum
99
-41 — SB 916
1 amount of toll revenue proceeds designated in Sections 30913 and
2 30914 for rail extension and improvement projects and transit
3 projects to reduce vehicular traffic. A determination of the
4 isstoft authority that a specific
5 project or projects shall have no adverse effect will be binding and
6 conclusive in all respects.
7
S
9eft
10
11
12 .
13 ,
14 ,
15 ,
16
17 the issuaftee of 11ase '--ends, May be either paid from boftd
18
19 T-faftsportfition Gefftfflissieft for that Purpose.
20
21 .1.0'"W"At 01 ft Peffieft of the
22 ftm6 in the aeeounts deserilbe —vision(d)of Seetion 30911
, and subjeet to clic. ctzr ,
24 bond reseltition of: indenture adepted or attther4zed by the
25
26
27
28
29 ,
30 band ,dem}....., -an the31 Aall r 11
.J alloeate all or a (+eftion of the V VJV11V e9A 111
32
33
34
35
36 theapproval 0.1 I.–We 11
per...i+ca'
esrevrffH28sifir,
37
38 in tt ..d, with, a .,tjeet to the t ,y .l ti _ r
�} u 1VL rr 1111, Alli.[ ,
ea,aVl1V 16312 ANLL 16313 Vf
99
1
SB 916 —42—
I
42-
1
142 the isseaffee of bends requested ---',,- Ite
3
4
5 SEC. 74. Section 30921 of the Streets and Highways Code is
6 repealed,
7 30921. (a) 'T.he de -Affient Shall pfepafe, of eause to be
8 , '--J VT 1AIell evaluates the
9
10 '.. Se ",,.A. 4 if -1-4- 1 e` - F t
he
11 ability of these appraftehes to eeeammodae the
12 of these bfidges,
13
14 1985 86 Regttla-r gessieft-.
15
16
17
18 between the bfidge and !hes as of vh—e
19 eek ie -.
20 (e) The depattment shall trftnsrait the restilts of its 9+ady-t&-the
21 Legislattife by Jammfy I
1990, and, as part ef that trMsmittal,
22
23 identified as pfft of the study.
24 SEC. 75. Section 30921 is added to the Streets and Highways
25 Code, to read:
26 30921. (a) The toll rate for vehicles crossing the bridges
27 described in Section 30916 shall not be increased to the rate
28 described in subdivision (b) of Section 30916 prior to the
29 availability of the results of special election to be held in the City
30 and County of San Francisco and the Counties of Alameda,Contra
31 Costa, Marin, San Mateo, Santa Clara, and Solano to determine
32 whether the residents of those counties and of the City and County
33 of San Francisco approve a toll increase in the amount of one dollar
34 ($1)per vehicle.The revenue derived from this toll increase shall
35 be used to finance capital outlay for construction improvements,
36 the acquisition of transit vehicles, transit operating assistance,and
37 other improvement projects to reduce congestion and to improve
38 travel options on the bridge corridors as is fiscally practicable.
39 (b) Notwithstanding any provision of the Elections Code, the
40 board of supervisors of the City and County of San Francisco and
99
-43— SB 916
1 of each of the counties described in subdivision (a) shall call a
2 special election to be conducted in. the City and County of San
3 Francisco and in each of the counties that shall be consolidated
4 with the March 2, 2004,primary election.The following question
5 shall be submitted to the voters as Regional.Measure 2 and stated
6 separately in the ballot from state and local measures:
7 "To reduce traffic congestion and to improve transit options
8 across the San Francisco Bay,shall the Bay Area Toll Authority be
9 authorized to undertake a revenue bond program to finance
10 transportation congestion relief projects, including the
11 construction of improvements to the corridors of bridges crossing
12 the bay and mass transit projects,to be financed by tolls on those
13 bridges that shall include an increase not to exceed one dollar($1)
14 per vehicle of the current base toil rate?"
15 (c) The county clerks shall report the results of the special
16 election to the authority. if a majority of all voters voting on the
17 question at the special election vote affirmatively, the authority
18 shall adopt the increased toll schedule to be effective July 1,2004.
19 (d) If a majority of all the voters voting on the question at the
20 special election do not approve the toll increase,the authority may
21 by resolution resubmit the measure to the voters at a subsequent
22 general election.If a majority of all of the voters vote affirmatively
23 on the measure, the authority may adopt the toll increase and
24 establish its effective date.
25 (e) Nothing in this section affects the ability of the authority to
26 establish tolls pursuant to Section 30918.
27 SEC. 76. Section 30922 is added to the Streets and Highways
28 Code,to read:
29 30922. Any action or proceeding to contest,question,or deny
30 the validity of the toll increase provided for in this chapter, the
31 financing of the transportation program contemplated by this
32 chapter, the issuance of any bonds secured by those tolls, or any
33 of the proceedings in relation thereto, shall be commenced within
34 60 days from the date of the election at which the toll increase is
35 approved. After that date, the financing of the program., the
36 issuance of the bonds, and all proceedings in relation thereto,
37 including the adoption, approval, and collection of the toll
38 increase, shall be held valid and incontestable in every respect.
39 SEC. 77, Section 30950 of the Streets and Highways Code is
40 amended to read:
99
SB 916 —44-
1
44-
1 30950. For the purposes of this chapter, Chapter 4
2 ('commencing with Section 30910), and Chapter 4.5 (commencing
3 with Section 31000), "the authority" is the --41-4-11fepOLi
4 Bay Area Toll Authority,
5 which is hereby created, �-� is }'-- nn.�., as. The authority is a
6 public instrumentality governed by the same board as that
7 governing the Metropolitan Transportation Commission. The
8 authority is, however, a separate entity from the Metropolitan
9 Transportation Commission.
10 SBC. 78. Section 30950.1 of the Streets and Highways Code
11 is amended to read:
12 30950.1. The authority shall adopt an annual budget. While
13 meeting as commissioners of the authority, the members of the
14 Metropolitan Transportation Commission shall be compensated
15 as determined by the authority and shall be reimbursed for
16 necessary and reasonable expenses incurred in connection with
17 performing authorio� duties as authorized by the authority. The
18 authority shall pay all costs required by this section.
19 SEC. 79. Section 30950.2 of the Streets and Highways Code
20 is amended to read:
21 30950.2. The authority is responsible for the programming,
22 administration, and allocation of all toll revenues;except revenues
23 from the seismic retrofit surcharge, from state-owned toll bridges
24 within the geographic jurisdiction of the Metropolitan
25 Transportation Commission. After completion of the seismic
26 projects and payment or provision for the payment of all bonds
27 issued for the seismic projects, the authority may assume
28 responsibility ,for the programming, administration, and
29 allocation of the revenue derived from the seismic retrofit
30 surcharge.
31 SEC. 80. Section 30950.3 of the Streets and Highways Code
32 is amended to read:
33 30950.3. (a) The authority;-with the er,fteu"enee of the
34 depftr6nshall prepare- , adopt, and from time to time revise,
35 a long-range plan for the completion of all projects-identitte wt
36 ,
37 .
38 (b) The authority shall not allocate any toll revenues for any
39 capital improvement projects,except those projects included in the
40 long-range plan required under subdivision(a)and those projects
99
-45— SB 916
1 funded pursuant to Article 3.5 (commencing with Section 30880)
2 of Chapter 3.
3 (c) The authority shall give first priority to projects and
4 expenditures that are deemed necessary by the department to
5 preserve and protect the bridge structures.
6 SFC. 81. Section 30950.4 of the Streets and Highways Code
7 is amended to read:
8 30950.4. All authority of the California
9 Transportation Commission as to the Bay Area bridges des iced
10 in Seet--on 31 Q�o is transferred to the authority, t-a�essly
11 .
12 SEC, 82. Section 30951 of the Streets and Highways Code is
13 repealed.
14 .
15tSfflfMfor my of the btidgeq
16 ,
17
18 .
19
20 bonds-net-l"WX WA-
21 SEC, 83, Section 30951 is added to the Streets and Highways
22 Code, to read:
23 30951. The authority is authorized in its own name to do all
24 acts necessary or convenient for the exercise of its powers under
25 this division and the financing of projects, including, but not
26 limited to,the following:
27 (a) To make and enter into contracts.
28 (b) To employ agents or employees.
29 (c) To acquire, construct, manage, maintain, lese, or operate
30 any public facility or improvements.
31 (d) To sue and be sued in its own name.
32 (e) To issue bonds and otherwise to incur debts, liabilities, or
33 obligations.
34 (f) To apply for, accept,receive,and disburse grants,loans, and
35 other assistance from any agency of the United States of America
36 or of the State of California.
37 (g) To invest any money not required for the immediate
38 necessities of the authority, as the authority determines is
39 advisable.
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SB 916 -46-
1
--46-1 (h) To apply for letters of credit or other forms of financial
2 guarantees in order to secure the repayment of bonds and to enter
3 into agreements in connection with those letters of credit or
4 financial guarantees.
5 SEC. 84. Section 30953 of the Streets and Highways Code is
6 amended to read:
7 30953. (O-Except for the revenues from the seismic retrofit
8 surcharge,toll revenues and all other income derived from bridges
9 pursuant to Chapter 4(commencing with Section 30910) shall be
10 deposited in the Bay Area Toll Account, which is hereby created.
11 (b) 19n of be5 o O.wdepartmew shall r
12
13
14
15 SEC. 85. Section 30956 of the Streets and Highways Code is
16 repealed.
17 40956. Maititenattee of the- le
18
19
20department,
21 shall �fi�uete nay far-the inai t �.h s_. a g
pay e � ant
22 to Seeti, 48&.-4-
23
8 .423 SEC. 86. Section 30958 of the Streets and Highways Code is
24 amended to read:
25 30958. After payments for debt service on outstanding bonds,
26 and the costs for the operation and maintenance expenses set forth
27 in Section 30952 are provided for,the authority may retain, for its
28 cost in administering this article,an amount not to exceed 1 percent
29 of the gross annual bridge revenues.eolleewed
30 on she bridges.
31 SEC. 87. Section 30960 of the Streets and Highways Code is
32 amended to read:
33 30960. (a) The authority may issue both defeasance and
34 future capital project bands payable from the revenues of the tolls
35 imposed on the bridges described in Section 30910. The bonds or
36 commercial paper may be issued by the authority at any time, and
37 from time to time,payable from the revenues from the tolls. The
38 bonds or commercial paper shall be referred to as "toll bridge
39 revenue bonds."
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-47— SB 916
1 (b) The revenues from the tolls on the bridges described in
2 Section 30910 shall be subject to a statutory lien in favor of the
3 bondholders to secure all amounts due on the bonds and in favor
4 of any provider of credit enhancement for the bonds to secure all
5 amounts due to that provider with respect to those bonds,and the
6 lien shall immediately attach to those toll revenues and be
7 effective, binding, and enforceable against the authority, its
8 successors, creditors, and all others asserting rights therein,
9 irrespective of whether those parties have notice of the lien and
10 without the need for any physical delivery,recordation, tiling, or
I 1 further act, and the toll revenues shall remain subject to that lien
12 until all bonds are paid in full or provision made therefor, and the
13 bridges shall not become toll-free prior to that time.
14 (c) The liens on toll revenues created by this chapter shall be
15 subject to expenditures for operation and maintenance of the
16 bridges aftd to to flfte, including toll collection-of
17 toH-s, unless those expenditures are otherwise provided for by
18 statute.
19 (d) Interest on any bonds issued pursuant to this chapter shall
20 at all times be free from state personal income tax and corporate
21 income tax.
22
23
24
25 , may
26 , wA
27 h th
28 SEC. 88. Section 30961 of the Streets and Highways Code is
29 amended to read:
30 30961, Toll bridge revenue bonds shall be issued pursuant to
31 a resolution adopted at any time, and from time to time, by the
32 authority by a majority vote of all members of the authority.
33 (a) The authority may from time to time issue bonds in
34 accordance with the Revenue Bond Law of 1941 (Chapter 6
35 (commencing with Section 54300)of Part 1 of Division 2 of Title
36 5 of the Government Code), for the purpose of constructing,
37 improving, or equipping any of the bridges or for any of the
38 purposes authorized by this chapter,Chapter 4(commencing with
39 Section 30910), or Chapter 4.5 (commencing with Section
40 31000). Operation of the bridges or any grouping or units thereof
99
f
SB 9161 —48-
1
-48--
1 shall constitute an "enterprise" within the meaning of Section
2 54309 of the Government Code,and the authority shall constitute
3 a "local agency„ within the meaning of Section 54307 of the
4 Government Cade. Article 3 (commencing with Section 54380)of
5 Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code
6 shall not apply to the issuance and sale of bonds pursuant to this
7 chapter. Instead,the authority shall authorize the issuance of bonds
8 by resolution,and that resolution shall specify all of the following:
9 (1) The purposes for which the bonds are to be issued.
10 (2) The maximum principal amount of the bonds.
11 (3) The maximum term for the bonds or commercial paper.
12 (4) The maximum rate of interest to be payable upon the bonds
13 or commercial paper. That interest rate shall not exceed the
14 maximum rate specified in Section 53531 of the Government
15 Code.The rate may be either fixed or variable and shall be payable
16 at the times and in the manner specified in the resolution.
17 (b) The authority shall keep full; and complete;-md sere
18 accounts-ef-efteh for toll bfid-ge revenues and expenses of the toll
19 bridges and shall annually prepare balance sheets
20 profit ftnd less statements showing the financial condition of eaeh
21 the entire toll bridge enterprise as well as toll revenues and
22 operating costs for each toll bridge. The accounts and related
23 reports shall be maintained and prepared in accordance with
24 generally accepted accounting practices and shall be subject to an
25 annual audit conducted by an independent certified public
26 accountancy firm licensed to practice in the state.
27 SEC. 89. Section 31000 of the Streets and Highways Code is
28 amended to read:
29 31000. The following definitions apply for purposes of this
30 chapter:
31 (a) "Account" means the Toll Bridge. Seismic Retrofit
32 Account created pursuant to Section 188.10.
33 (b) "Amenities" means any of the following:
34 (1) A cable suspension bridge.
35 (2) A bicycle facility.
36 (3) A transbay terminal.
37 (c) "Authority" means the Bay Area Toll Authority.
38 (d) "Bay area bridges" means the state-owned toll bridges in
39 he 1'tgien within the area of the geographic jurisdiction of the
40 Metropolitan Transportation Commission.
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-49— SB 916
I (e) "Department" means the Department of Transportation.
2 (f) "Seismic retrofit" means all work completed by the
3 department on the bay area bridges relating to the planning,design,
4 and construction of improvements to, or replacement of, those
5 bridges for the purpose of withstanding seismic forces, including,
6 but not limited to, any environmental or traffic mitigation
7 necessary for that work.
8 (g) "Surcharge" means the seismic retrofit surcharge imposed
9 pursuant to Section 31010.
10 SEC. 90. Section 31010 of the Streets and Highways Code is
11 amended to read.
12 31010. (a) There is hereby imposed a seismic retrofit
13 surcharge equal to one dollar($1) per vehicle for passage on the
14 bay area bridges, except for vehicles that are authorized toll-free
15 passage on these bridges.
16 (b) Funds generated by subdivision (a) may not be used to
17 repay nontoll revenues committed to fund projects identified in
18 paragraph(2) of subdivision (a) of Section 188.5. Following the
19 date of the submission of the final report required in subdivision
20 (d)of Section 188.5, funds generated pursuant to subdivision(a)
21 that are in excess of those needed to meet the toll commitment as
22 specified by paragraph (4) of subdivision (b) of Section 188.5,
23 including annual debt service payments,if any,required to support
24 the commitment, and other elements required to meet the
25 obligations of the department's financing plan, shall be available
26 to the authority for funding, consistent with Sections 30913 and
27 30914,the purposes and projects described in those sections. The
28 department shall transfer to the authority on an annual basis the
29 funds made available to the authority under this subdivision upen
30
31 ,
32 .
33 (c) There shall be no increase in FIs the seismic retrofit
34 surcharge beyond the level identified in subdivision (a) for the
35 purposes identified in paragraph(4) of subdivision(a)of Section
36 188.5, except that the department shall have the authority to
37 increase the seismic retrofit surcharge for debt service purposes
38 only if the bank finds and the Department of Finance confirms that
39 both of the following apply:
99
SB 916 —50-
1 (1) Extraordinary circumstances exist that jeopardize the
2 payment of debt service for which toll revenues are authorized,
3 and all other financial resources for meeting toll commitments
4 have been exhausted.
5 (2) fonds issued under Chapter 4.3 (commencing with Section
6 30950) shall not be impaired solely by action taken under this
7 section,as evidenced by confirmation of the then existing ratings
8 on those bonds, by the rating agencies then rating the bonds.
9 (d) The dY. - e„t shall extend _
term of the financing plan
10 developed by the department under Section 31071, for the
11 purposes of funding the projects described in Sections 30913 and
12 30914, is extended for a period of not mere 30 years
13 commencing on January 1, 2008, if
14 eeittlifietts1
15 (1) The authority 4 fi d '
-+7i3�'KS�i �.. s� Ml
� uxvai w the
16 , ,
17 reques—'-d I.y the authority
. 4 by the direeterz.
18 ��er of-�E+i ieft detemines that the
19
20
21 (e) This section shall remain in effect only until the date that the
22 California Transportation Commission notifies the Secretary of
23 State that sufficient funds have been generated to meet the
24 obligations identified in paragraph (4) of subdivision (b) of
25 Section 188.5,and repayment of any outstanding debt secured by
26 tolls,and as of that date is repealed.The California Transportation
27 Commission shall provide the notice described in this subdivision
28 upon making the determination set forth in this subdivision.
29 SEC. 91. Section 5205.5 of the Vehicle Code is amended to
30 read:
31 5205.5. (a) For the purposes of implementing Section
32 21655.9,beginning July 1,2000, and through December 31,2003,
33 the department, in consultation with the Department of the
34 California Highway Patrol, shall make available for issuance, for
35 a fee determined by the department to be sufficient to.reimburse
36 the department for actual costs incurred pursuant to this section,
37 distinctive decals,labels,or other identifiers for vehicles that meet
38 California's ultra-low emission vehicle (ULEV) standard for
39 exhaust emissions and the federal ILEV evaporative emission
40 standard, as defined in Part 88 (commencing with Section
99
-51 — SB 916
1 88.101-94) of Title 40 of the Code of Federal Regulations, in a
2 manner that clearly distinguishes thein from other vehicles.
3 (b) For the purposes of implementing Section 21655.9,
4 beginning January 1, 2004, and through December 31, 2007, the
5 department shall snake available for issuance,for a fee determined
b by the department to be sufficient to reimburse the department for
7 actual costs incurred pursuant to this section, distinctive decals,
8 labels, and other identifiers for vehicles that meet California's
9 super ultra-low emission vehicle (SULEV) standard for exhaust
10 emissions and the federal inherently low-emission vehicle(ILEV)
11 evaporative emission standard, as defined in Part 88 (commencing
12 with Section 88.101-94) of Title 40 of the Code of Federal
13 Regulations, in a manner that clearly distinguishes them from
14 ' other vehicles.
15 (c) The department shall include a summary of the provisions
16 of this section on each motor vehicle registration renewal notice,
17 or on a separate insert, if space is available and the summary can
18 be included without incurring additional printing or postage costs.
19 (d) The Governor may remove individual high-occupancy
20 vehicle(HDV)lanes, or portions of those lanes,during periods of
21 peak congestion from. the ILEV access provisions provided in
22 subdivisions(a)and(b),following a finding by the Department of
23 Transportation as follows:
24 (1) The lane, or portion thereof, exceeds a level of service C,
25 as discussed in subdivision (b) of Section 65089 of the
26 Government Code.
27 (2) The operation or projected operation of the vehicles
28 described in subdivisions (a) and (b) in these lanes, or portions
29 thereof, will significantly increase congestion.
30 The finding also shall demonstrate the infeasibility of
31 alleviating the congestion by other means, including, but not
32 limited to, reducing the use of the lane by noneligible vehicles,
33 further increasing vehicle occupancy, or adding additional
34 capacity.
35 (e) For purposes of subdivisions(a)and(b),the Department of
36 the California Highway Patrol shall design and specify the
37 placement of the decal, label, or other identifier on the vehicle.
38 Each decal, label, or other identifier issued for a vehicle shall
39 display a unique number, which number shall be printed on, or
40 affixed to, the vehicle registration.
99
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1
52-1 (f) If the Metropolitan Transportation Commission, serving as
2 the Bay Area Toll Authority, grants toll-free and reduced-rate
3 passage on toll bridges under its jurisdiction to any vehicle
4 pursuant to Section 3081.8 30102.5 of the Streets and Highways
5 Code, it shall also grant the same toll-free and reduced-rate
6 passage to vehicles displaying a valid ULEV or SULEV identifier
7 issued by the department pursuant to subdivisions(a) and(b).
8 (g) This section shall remain in effect only until January 1,
9 2008, and as of that date is repealed,unless a later enacted statute,
10 that is enacted before January 1,2008,deletes or extends that date.
11 SEC. 92. Notwithstanding Section 17610 of the Government
12 Code, if the Commission on State Mandates determines that this
13 act contains costs mandated by the state, reimbursement to local
14 agencies and school districts for those costs shall be made pursuant
15 to Part 7 (commencing with Section 17500)of Division 4 of Title
16 2 of the Government Code. If the statewide cost of the claim for
17 reimbursement does not exceed one million dollars($1,000,000),
18 reimbursement shall be made from the State Mandates Claims
19 Fund.
O
99
AMENDED IN SENATE FEBRUARY 20, 2003
Senate Constitutional Amendment No. 2
Introduced by Senator 7:orlakson
December 2, 2002
Senate Constitutional Amendment No. 2—A resolution to propose
to the people of the State of California an amendment to the
Constitution of the State,by adding Section 15 to Article XI thereof,by
amending Section 4 of Article XIII A thereof, by amending Section 2
of Article XIII C thereof, and by amending Section 3 of Article XIII D
thereof, relating to local development.
LEGISLATIVE COUNSEL'S DIGEST
SCA 2, as amended, Torlakson. Local government: sales taxes:
transportation and smart growth planning.
The California Constitution conditions the imposition of a special tax
by a city,county,or special district upon the approval of 2/3 of the voters
of the city, county, or special district voting on that tax, and prohibits
these entities from imposing an ad valorem tax on real property or a
transactions or sales tax on the sale of real property.
This measure would authorize a-eibtft-county, a city and county, a
local transportation authority, or a regional transportation agency, as
defined, with the approval of a majority of its voters voting on the
proposition, to impose a special tax for the privilege of selling tangible
personal property at retail that it is otherwise authorized to impose, if
the tax is imposed exclusively to fund transportation projects and
services and smart growth planning, as defined.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
98
SCA 2 —2-
1
2-1 WHEREAS, Adequate transportation infrastructure and
2 services are critical to California's prosperity as well as the travel,
3 business,and recreational needs of all Californians; and
4 WHEREAS, California's continued growth will increase the
5 strain on the state's transportation infrastructure,which is already
6 overburdened and inadequately funded to meet current and future
7 needs; and
8 WHEREAS, The California Transportation Commission
9 reported in 1999,pursuant to Senate Resolution 8, that California
10 faces more than$114 billion in unmet transportation infrastructure
11 needs; and
12 WHEREAS, California's inadequate transportation system has
13 worsened traffic congestion, increased commute times, slowed
14 delivery of goods and services,and increased costs for businesses;
15 and
16 WHEREAS, Eighteen counties in California representing over
17 80 percent of the population have enacted local countywide
18 transportation sales tax measures by a majority vote to fund
19 critically needed highway and public transit needs, the funding
20 from which represents about one-half of all new capital invested
21 in new facilities in the past decade in our state; and
22 WHEREAS, Counties have clearly demonstrated their ability to
23 manage and spend these funds efficiently and effectively to
24 operate and maintain public transit, build high-priority
25 transportation projects, rehabilitate and improve the local street
26 and road network, and accomplish other goals for improving the
27 transportation system; and
28 WHEREAS, In order to ensure that California will be able to
29 meet its current and future transportation and land use planning
30 needs and thereby preserve and enhance the prosperity and daily
31 activities of all Californians, it is necessary to place before the
32 voters this measure to provide the opportunity for voters to choose
33 for themselves the creation of an additional funding source that is
34 dedicated exclusively to the funding of California's local
35 transportation requirements, is administered by eities, .,o fie
36 counties, cities and counties, local transportation authorities,and
37 regional transportation agencies,and is directly responsive to local
38 transportation needs; and
39 WHEREAS, To prepare for and manage the pressures, related
40 to transportation issues, of continued growth in California, local,
98
-3— SCA 2
1 regional, and state government authorities have developed "smart
2 growth" policies to better connect housing opportunities with
3 employment centers, reduce commute tunes, discourage urban
4 sprawl, encourage infill development,and achieve other goals that
5 increase the quality of life for all Californians; and
6 WHEREAS, More than 300 California organizations have
7 called upon California officials to follow smart growth principles
8 in addressing California's future growth and development,
9 including all of the following:
10 (a) Planning for the future by making government more
11 responsive, effective, and accountable through reforming the
12 system of land use planning and public finance.
13 (b) Promoting prosperous and livable communities by making
14 existing communities vital and healthy places for all residents to
15 live, work,obtain an education, and raise a family.
16 (c) Providing better housing and transportation opportunities
17 by developing efficient transportation alternatives and a range of
18 housing choices affordable to all residents without jeopardizing
19 farmland, open space, and wildlife habitat.
20 (d) Conserving green space and the natural environment by
21 focusing new development in areas planned for growth, while
22 protecting air and water quality and providing green space for
23 recreation, water recharge, and wildlife.
24 (e) Protecting California's agricultural and forest lands by
25 shielding California's farm, range, and forest lands from. sprawl
26 and the pressure to convert farmland to development; now,
27 therefore, be it
28 Resolved by the Senate, the Assembly concurring, That the
29 Legislature of the State of California at its 2003--04 Regular
30 Session commencing on the second day of December 2002,
31 two-thirds of the membership of each house concurring, hereby
32 proposes to the people of the State of California that the
33 Constitution of the State be amended as follows:
34 First—That Section 16 is added to Article XI thereof, to read:
35 SEC. 16. (a) A eity;--a county, a city and county, a local
36 transportation authority, or a regional transportation agency may,
37 with the approval of a majority of those voters of the jurisdiction
38 voting on the proposition, impose a special tax upon the privilege
39 of selling tangible personal property at retail within that
40 jurisdiction, if both of the following conditions are met:
98
SCA 2 —4-
1 (1) The tax is imposed exclusively for the purpose of funding
2 transportation projects and services and related smart growth
3 planning.
4 (2) The ;county,city and county,mer�local transportation
5 authority, or regional transportation agency is otherwise
6 authorized by law to impose a new tax in the form of a special tax
7 upon the privilege of selling one or more classes of tangible
8 personal property at retail within its jurisdiction.
9 (b) At least 25 percent of the revenues derived from any tax
10 imposed pursuant to subdivision(a)shall be used for the purpose
11 of funding smart growth planning.
12 (c) For purposes of this section:
13 (1) "Local transportation authority" means an authority
14 designated pursuant to Division 19 (commencing with ,Section
15 180000) of the Public Utilities Corte.
16 (2) "Regional transportation agency" means all of the
17 following:
18 (A) The Metropolitan Transportation Commission created by
19 Section 66502 of the Government Code, as that statute read on
20 January 1, 2002.
21 (B) The Los Angeles County Metropolitan Transportation
22 Authority, or any successor to that authority.
23 (C) The Orange County Transportation Authority.
24 (D) Any local or regional transportation entity that is
25 designated by statute as a regional transportation agency.
26 (2}-
27 (3) "Funding of transportation projects and services" includes
28 the servicing of indebtedness issued for the purpose of funding
29 those transportation projects and services.
30 (3- -
31 (4) "Smart growth planning95 means land use planning
32 programs that conserve open space, reduce air pollution, and
33 provide.housing in close proximity to population and employment
34 centers.
35 Second--That Section 4 of Article X111 A thereof is amended
36 to read:
37 S eetion 4.
38 Sec. 4. Except as provided by Section 16 of Article XI, a city,
39 county,or special district,by a two-thirds vote of its voters voting
40 on the proposition, may impose a special tax within that city,
98
f
-5— SCA 2
1 county, or special district, except an ad valorem tax on real
2 property or a transactions tax or sales tax on the sale of real
3 property within that city, county, or special district.
4 Third—That Section 2 of Article XIII C thereof is amended to
5 read:
6 SEC. 2. Notwithstanding any other provision of this
7 Constitution:
8 (a) Any tax imposed by any local government is either a
9 general tax or a special tax. A special purpose district or agency,
10 including a school district,has no authority to levy a general tax.
11 (b) No local government may impose,extend, or increase any
12 general tax unless and until that tax is submitted to the electorate
13 and approved by a majority vote. A general tax is not deemed to
14 have been increased if it is imposed at a rate not higher than the
15 maximum rate so approved. The election required by this
16 subdivision shall be consolidated with a regularly scheduled
17 general election for members of the governing body of the local
18 government, except in cases of emergency declared by a
19 unanimous vote of the governing body.
20 (c) Any general tax imposed, extended, or increased, without
21 voter approval, by any local government on or after January 1,
22 1995, and prior to the effective date of this article, may continue
23 to be imposed only if that general tax is approved by a majority
24 vote of the voters voting in an election on the issue of the
25 imposition, which election shall be held no later than November
26 6, 1996, and in compliance with subdivision(b).
27 (d) Except as provided by Section 16 of Article XI, a local
28 government may not impose, extend, or.increase any special tax
29 unless and until that tax is submitted to the electorate and approved
30 by a two-thirds vote. A special tax is not deemed to have been
31 increased if it is imposed at a rate not higher than the maximum rate
32 so approved.
33 Fourth—That Section 3 of Article XIII D thereof is amended to
34 read:
35 SEC. 3. (a) An agency may not assess a tax,assessment,fee,
36 or charge upon any parcel of property or upon any person as an
37 incident of property ownership except:
38 (1) The ad valorem property tax imposed pursuant to Article
39 XIII and Article XIII A.
98
SCA 2 —6-
1
b---
1 (2) Any special tax receiving a two-thirds vote pursuant to
2 Section 4 of Article XIII A or Section 2 of Article XIII C, or, as
3 applicable, a majority vote pursuant to Section 16 of Article XL
4 (3) Assessments as provided by this article.
5 (4) Fees or charges for property related services as provided by
6 this article.
7 (b) For purposes of this article, fees for the provision of
8 electrical or gas service are not deemed charges or fees imposed
9 as an incident of property ownership.
0
98
_. ......... ......... ......... ......... ......... ........_.. ._....
_ . . ...... ........._......_..__... ......... _...._... ......... ......... ......... ......... ......... ........_...._.
_. _...... .....-_... .........
EXHIBIT C
The Board of Supervisors Contra Jorkofthe oar
/�'��+ rr��' Clerk of the Board
Costa and
County Administration building County Administrator
651 Pine Street, Room 106 (925)335-1904
Martinez, California 94553-1293 t
,
Coun
John Gioia,1st District County
E�/
Gayle S.Ulikema,2nd District
Donna Gerber,3rd District i
Mark DeSaulnier,4th District ;'_ DRAFT
Federal D.Glover,5th District
March 11, 2003
The Honorable Don Perata
9"' Senate District
1515 Clay Street, #2202
Oakland, CA 94612
Dear Senator Perata:
The Board of Supervisors today authorized me to request a Richmond ferry project be included in the Tier 1
Project List for the Bay Area Bridge Toll Expenditure Plan being prepared by your office.
We note the expenditure plan developed to date includes ferry projects in San Francisco, Vallejo, Larkspur,
Alameda, Oakland, and Berkeley/Albany,but none in Contra Costa County.
The Board of Supervisors encourages development of all feasible modes of travel as alternatives to the single-
occupant automobile. We believe ferry service can be a valuable component of the transportation network,
given adequate resources. While four ferry sites have been identified in Contra Costa by the Bay Area Water
Transit Authority, the Board of Supervisors has prioritized Richmond as the number one highest priority ferry
project for funding through bridge toll revenues or other available sources. As you know, Richmond has had
ferry service in the recent past, and thus has ferry facilities available, although improvements are needed. Of all
four sites in Contra Costa County, Richmond is the one site that could accommodate ferry service in the near
term. The other sites (Hercules/Rodeo, Martinez and Antioch) are longer-term.prospects.
The Contra Costa Transportation Authority has asked for $64 million in capital funds for express bus and ferry
infrastructure in Contra Costa County, along with an operating request of $800,000 annually specifically for
Richmond ferry service. We ask that you include both of these entries in the expenditure plan as you bring the
process to completion in the months ahead.
If you have questions about this request,please contact me at your convenience.
Sincerely,
Mark DeSaulnier
Chair, Board of Supervisors
c: The Hon. E.Ballico,WTA Community Advisory Committee
The Hon, L.Hancock, 14th Assembly District
J. Bueren,Public Works Dept.
S.Goetz,Community Development Dept,
S. Herninger,Metropolitan Transportation Commission
R.McCleary,Contra Costa Transportation Authority