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HomeMy WebLinkAboutMINUTES - 05232006 - C.47 TO: Board of Supervisors i-- - Contra FROM: Transportation, Water and Infrastructure Committee , .:. a Costa (Supervisor Federal Glover, Chair) County DATE: May 8, 2006 SUBJECT: Support for SB 1719 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT a position of support for SB 1719 and AUTHORIZE the Chair to sign the attached letter of support to legislators, as recommended by the Transportation, Water and Infrastructure Committee. FISCAL IMPACT NONE to the General Fund. If SB 1719 is passed it will help ensure the County will receive several million dollars annually in road maintenance funds from Proposition 42 as approved by the voters in 2002. CONTINUED ON ATTACHMENT: X YES RECOMMENDATION OF CdUNtY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : or Mary Nejedly Piepho S pervisor Federal D. Glover ACTION OF BOARD ON 6j(-APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSEN4-)0t'_L ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: . BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Greitzer (925/335-1201) cc: Community Development Department (CDD) ATTESTED J. Bueren, PWD JOHN ULLEN, CLERK OF S. Kowalewski, PWD THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY © ` , DEPUTY G:\Transportation\TWIC\2006\Board Orders\May 8 2006 SB 1719.doc SUPPORT FOR SB 1719 May 8, 2006 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS Proposition 42 dedicated state sales tax revenue from the sale of gasoline to transportation improvements, shifting it from the state General Fund where these revenues traditionally were deposited. The proposition also created the Transportation Investment Fund to receive the sales tax revenue. From there, the funds were to be allocated to a variety of transportation needs according to the following formula: 40 percent was to go into the State Transportation Improvement Program (STIP)and be distributed to specific projects via the usual biannual STIP allocation process; 40 percent was to go directly to local jurisdictions for road improvement projects (half of it to counties and half to cities); and 20 percent was to go into the state's Public Transit Account, for use in public transit improvements. The proposition called for the Transportation Investment Fund to sunset after the close of fiscal year 2007/2008 (June 30, 2008), after which the funds were to continue to be distributed along the 40-40-20 split, through annual legislative action. SB 1719 (Perata, D-Alameda)would remove the sunset date on the Transportation Investment Fund and require that Proposition 42 funds will continue to be deposited into the Fund and distributed in accordance with the 40-40-20 split. In effect, the bill would help ensure that the transportation funding process created by Proposition 42 will continue without changes. Smith Watts Co., the County's transportation advocates in Sacramento, advise us the bill will help reduce the possibility of future Proposition 42 revenues being used for other purposes or distributed in a manner that is not in keeping with Proposition 42. In the few years when Proposition 42 was not suspended by the Governor and Legislature, Contra Costa County received a few million dollars each year from the direct subventions. The funds are used by the Public Works Department for roadway maintenance. The Transportation, Water and Infrastructure Committee reviewed SB 1719 on May 8 and recommends the Board of Supervisors adopt a position of "Support" for the bill. The bill was still in the Senate Appropriations Committee at the time of this writing. Exhibit A is a draft.letter for the Chair's signature, expressing support for the bill. Exhibit B is the full text of the bill. To date, positions have not yet been taken on the bill by the California State Association of Counties (CSAC), the League of Cities, or any of the Bay Area regional agencies. This is likely because the bill is a recent amendment of an earlier bill on an unrelated subject. EXHIBIT A The'Board of Supervisors Contra John Sweeten County Administration BuildingCosta Clerk of the Board 651 Pine Street,Room 106 and Martinez,California 94553-1293 County Co(925)335-1900unty Administrator John Gioia,1st District Gayle B.Uilkema,2nd District Mary p N.Pie ho,3rd District y Mark DeSeulnier,4th District 4�' Federal D.Glover,5th District o f 1y�y u`�•.'•' 9iP4c� May 23, 2006 The Honorable Don Perata 91h Senate District 1515 Clay Street, #2202 Oakland, CA 94612 Dear Senator Perata: The Board of Supervisors today adopted a position of"Support" for your bill, SB 1719, which would remove the sunset date from the Transportation Investment Fund created by Proposition 42. This will help ensure the provisions of Proposition 42 are continued into the future, generating critical roadway funds that Contra Costa County will need to maintain our roads. Thank you for your efforts to strengthen and continue Proposition 42. Sincerely, John Gioia Chair,Board of Supervisors JGVG\mlk G:\Transportation\TWIC\2006\Board Orders\May 8 2006 SB 1719 Exhibit A.doc c: Members,Board of Supervisors The Hon.T.Torlakson,7`l'Senate District The Hon. G:Houston, 15th Assembly District The Hon.J. Canciamilla, 11th Assembly District The Hon. L. Hancock, 14`h Assembly District D.Baker,CSAC M.Watts,Smith Watts Co. EXHIBIT B AMENDED IN SENATE APRIL 20, 2006 SENATE BILL No. 1719 Introduced by Senator Perata February 24, 2006 Att aet to amend Seetion 38.5.5 ofthe vehiele Code, relating to = �An act to add Section 7104.1 to the Revenue and Taxation Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 1719, as amended, Perata. . Transportation Investment Fund. Existing law species the allocation of funds in the Transportation Investment Fund, derived from a portion of the sales tax on gasoline, to various transportation projects and programs. Article XIX B of the California Constitution requires, commencing with the 2003-04 fiscal year, that sales taxes on motor vehicle fuel that are deposited into the General Fund be transferred to the Transportation Investment Fund for allocation for those transportation purposes until the end of the. 200 7-08fiscal year. Thereafter, Article XIX B requires these revenues to be allocated to broad categories of transportation purposes, including 20% for programs funded by the Public Transportation Account, 40%for transportation capital improvement projects in the State Transportation Improvement Program, and 40% for apportionment to cities and counties pursuant to certain formulas for road maintenance and construction purposes. This bill would continue the Transportation Investment Fund in existence and would speck the use of revenues deposited in that fund from gasoline sales tax revenues subject to Article XIX B beginning in the 2008-09 fiscal year. 98 SB 1719 —2— Under 2- VGIlTLT�l.Tdefined—ZC'SZmUIUI—V'e131ele, other 4CII-QIIa ITTIICIII t1T'I'G -, having 4 wheels on�he ground an tinladett weight of 1800 pounds 0 less, that is eapable of pfopelling itself at a mini.tntim speed of 20 miles per hotir and a maxitt�ufn speed of 25 miles per hotir; on a paved- SCPG7-3T1rIZLLe.This bill would d1fi—V .. cc » as ha-ving the sa meatting as that term is defined tinder a federal regulation. Vote: majority. Appropriation: no. Fiscal committee: eyes. State-mandated local program: no. ,The people of the State of California do enact as follows: 1 SECTION 1. Section 7104.1 is added to the Revenue and 2 Taxation Code, to read.-. 3 7104.1. (a) The Transportation Investment Fund (hereafter 4 the fund)in the State Treasury is hereby continued in existence. 5 All revenues transferred to the fund pursuant to Article XIX B of 6 the California Constitution beginning with the 2008-09 fiscal 7 year shall be available for expenditure .as provided in this 8 section, subject to appropriation by the Legislature. 9 (b) All of the following shall occur on a quarterly basis.- 10 , asis.10 . (1) The State Board of Equalization, in consultation with the 11 Department of Finance, shall estimate the amount that is 12 transferred to the General Fund under subdivision (b) of Section 13 7102 that is attributable to revenue collected for the sale, 14 storage, use, or other consumption in this state of motor vehicle 15 fuel, as defined in Section 7304. 16 (2) The State Board of Equalization shall inform the 17 Controller, in writing, of the amount estimated under paragraph 18 (1). 19 (3) Commencing with the 2008-09 fiscal year, the Controller 20 shall transfer the amount.estimated under paragraph (])from the 21 General Fund to the fund. 22` (c) For each quarter, commencing with the 2008-09 fiscal 23 year, the Controller shall make all of the following transfers and 24 apportionments from the fund: 25 (1) To the Public Transportation Account, a trust fund in the 26 State Transportation Fund, 20 percent of the revenues deposited 27 in the fund. 98 r ' —3— SB 1719 1 (2) To the Department of Transportation for expenditure for 2 transportation capital improvement projects subject to all of the 3 rules governing the State Transportation Improvement Program, 4 40 percent of the revenues deposited in the fund. 5 (3) To the Controller for apportionment pursuant to 6 paragraphs (A) and(B), 40 percent of the revenues deposited in 7 the fund. 8 (A) Of the amount available under this paragraph, 50 percent 9 shall be apportioned by the Controller to the counties, including 10 a city and county, in accordance with the following formulas: 11 (i) Seventy-five percent of the funds payable under this 12 subparagraph shall be apportioned among the counties in the 13 proportion that the number of fee paid and exempt vehicles that 14 are registered in the county bears to the number of fee paid and 15 exempt vehicles registered in the state. 16 (ii) Twenty f ve percent of the funds payable under this 17 -subparagraph shall be apportioned among the counties in the 18 proportion that the number of miles of maintained county roads 19 in each county bears to the total number of miles of maintained 20 county,roads in the state. For the purposes of apportioning funds 21 under this;subparagraph, any roads within the boundaries of a 22 city and county that are not state highways shall be deemed to be 23 county roads. 24 (B) Of the amount available under this paragraph, 50 percent 25 shall be apportioned by the Controller to cities, including a city 26 and county, in the proportion that the total population of the city 27 bears to the total population of all the cities in the state. 28 (d) Funds` received under subparagraph (A) or (B) of 29 paragraph (3) of subdivision(c) shall be deposited as follows in 30 order to avoid the commingling of those funds with other local 31 funds: 32 (1).In the case of a city, into the city account that is designated 33 for the receipt of state funds allocated for transportation 34 purposes. . 35 (2) In the case of a county, into the county road fund. 36 (3) In the case of a city and county, into a local account that is 37 designated for the receipt of state funds allocated for 38 transportation purposes. 39 (e) Funds allocated to a city, county, or city and county under 40 subparagraph (A) or(B) of paragraph (3) of subdivision (c)shall 98 SB 1719 —4— I 4-1 be used only for street and highway maintenance, rehabilitation, 2 reconstruction, and storm damage repair. For purposes of this 3 section, the following terms have the following meanings: 4 (1) "Maintenance"means either or both of the following: 5 (A) Patching. 6 (B) Overlay and sealing. 7 (2) "Reconstruction" includes any overlay, sealing, or 8 widening of the roadway, if the widening is necessary to bring. 9 the roadway width to the desirable minimum width consistent 10 with the geometric design criteria of the department for 3R 11 (reconstruction, resurfacing, and rehabilitation)projects that are 12 not on a freeway, but does not include widening for the purpose 13 of increasing the traffic capacity of a street or highway. 14 (3) "Storm damage repair" is repair or reconstruction of 15 local streets and highways and related drainage improvements 16 that have been damaged due to winter storms and flooding, and 17 construction of drainage improvements to mitigate future 18 roadway flooding and damage problems, in those jurisdictions 19 that have been declared disaster areas by the President of the 20 United States, where the costs of-those repairs are ineligible for 21 emergency funding with Federal Emergency Relief(ER)funds or 22 Federal Emergency Management Administration (FEMA)funds. 23 69 For the purpose of allocating funds under subparagraph 24 (A) or (B) of paragraph (3) of subdivision (c) to counties, cities, 25 and a city and county, the Controller shall use the most recent 26 population estimates prepared by the Demographic Research 27 Unit of the Department of Finance. For a city that incorporated 28 after January 1, 2008, that does not appear on the most recent 29 population estimates prepared by the Demographic Research 30 Unit, the Controller shall use the population determined for that 31 city under Section 11005.3 of the Revenue and Taxation Code. 32 rEGT-IGN 1. `'eetion 3855.5 of the Ve rieltGvae is=uniended 33 to read: 34 385.5. A "low speed vehiele" has the satne fneatting as that. 35 tem is de€rrted in Seetian 571.3 of Title 49 of Gou',-of 36 , 37 " 98 S$1�1g �� , 5..� � ,, � 1 `` 1 2 9� a