HomeMy WebLinkAboutMINUTES - 06272006 - C.30 TO: Board of Supervisors
Contra
FROM: Transportation,Water and Infrastructure Committee Costa
(Supervisor Federal Glover, Chair) •,
County
DATE: June 12, 2006
�-. 3 a
SUBJECT: Adoption of "Watch" position SB 1611
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT a "Watch" position for SB 1611 as recommended by the Transportation, Water and
Infrastructure Committee.
FISCAL IMPACT
NONE to the General Fund. If SB 1611 is passed it will authorize the Contra Costa
Transportation Authority to place a ballot measure asking voters to raise vehicle registration
fees for transportation purposes. The County would benefit from such funds if they materialize.
CONTINUED ON ATTACHMEN X YES
RECOMMENDATION OF P/OUNTY MINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE ER
SIGNATURE (S): SupervisorNejedly Piepho S ervisor Federal D. Glover
ACTION OF BOARD ON No APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) 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 CULLEN, CLERK OF
S. Kowalewski„ PWD THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
PUTY
G:\Transportation\TWIC\2006\Board Orders\June 27 2006 SB 1611.doc BY ,
Watch Position on SB 1611
June 12, 2006
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
SB 1611 (Simitian, D-Palo Alto)would authorize congestion management agencies—such as
the Contra Costa Transportation Authority—to place a ballot measure asking voters to impose
up to $25 in acid-on vehicle registration fees, to pay for transportation improvements. In
counties that don't have congestion management agencies, the Board of Supervisors would
have the authorization for the ballot measure.
The bill requires a connection or"nexus" between those who pay the fees and the benefits that
result from the transportation improvements. This implies a nexus analysis would have to be
performed on a specific set of transportation improvements to ensure the nexus exists.
The bill doesn't specify what types of transportation improvements could be funded, leaving this
up to each congestion management agency. The bill states the funds could be used as
matching funds for revenue received from state general obligation bonds such as those in the
infrastructure bond measures on the November 2006 ballot.
The Transportation, Water and Infrastructure Committee reviewed the bill on June 12 and
recommends the Board of Supervisors adopt a "Watch" position. This would be consistent with
the Watch position taken by the Board on a similar bill, AB 2444 (Klehs, D-Hayward)which also
would authorize vehicle registration add-on fees for use in congestion relief and air quality
improvement projects. However, AB 2444 doesn't require voter approval for the higher fees,
and therefore it is likely the Governor will veto it as he has vetoed similar bills in the past that
don't require voter approval for fee hikes.
SB 1611 has passed the Senate and is now in the Assembly, where Smith Watts believes
passage is likely. Since this bill does require a voter ballot measure for the fee-increase to
occur, Smith Watts Co. advises us it is likely the Governor will sign the bill when it reaches his
desk.
The Contra Costa Transportation Authority supports the bill. Positions have not yet been taken
by the California State Association of Counties, the League of California Cities or the
Metropolitan Transportation Commission.
Exhibit A is the full text of SB 1611.
EXHIBIT A
AMENDED IN SENATE APRIL 19, 2006
SENATE BILL No. 1611
Introduced by Senator Simitian
February 24, 2006
r
An act to add Section 9250.6 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1611, as amended, Simitian. Congestion management fees.
Existing law provides for creation of congestion management
agencies in various counties with specified powers and duties relative
to management of transportation congestion. Existing law provides for
the imposition by air districts and certain other local agencies of fees
on the registration of motor vehicles in certain areas of the state that
are in addition to the basic vehicle registration fee collected by the
Department of Motor Vehicles.
This bill would authorize a congestion management agency-A-0
impose, or where there is no congestion management agency, the
board of supervisors, to place a majority vote ballot measure before
the voters of a county authorizing the imposition of an annual fee of
up to---28 $25 on each motor vehicle registered within the county for
transportation projects and programs with a relationship or benefit to
the persons paying the fee. The bill would require—a--speeifie
trattsportation program with perf6fmaneemeasures and a budget to be
adopted before the f�e is imposed. The bill would require th
program to be ftt ided by the fee and speeified findings of f�et. The-
bill would require the resolution to be adopted by a 2�3 vote o
governing board. The bill would require the ageney to have afl.
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SB 1611 —2—
independent
2—
a-speeifted report to the-Legisla t e the ballot measure resolution to
be adopted by a majority vote of the governing board of the
congestion management agency or the board of supervisors, as
appropriate, at a noticed public hearing and would also require the
resolution to contain a specked finding offact. The bill would require
the Department of Motor Vehicles, if requested, to collect the fee and
distribute the proceeds, after deduction of specified administrative
costs, to the agency or the board of supervisors, as appropriate, and
would enact other related provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 9250.6 is added to the Vehicle Code, to
2 read:
3 9250.6. (a) A county congestion management agency created
4 pursuant to Chapter 2.6 (commencing with Section 65088) of
6 awmal f, f up to twenty dollars ($20) on eae
7 registered in , with the net revenues to be used
8 tfanspoftatio gfams that have a relationship or benefit
9 to the persons that pay the fee, ineluding the provision o
10
11 tmnsportation fiam state general obligation bonds. The agettey
12 ase. the fee only if the goveming boafd adopts
13 res�ltttie� providing both for the fee and the speeifie
14 transportatio . - . t subdivision (b). The resolution shall
15 also eontain a finding of f�et that the proj eets and programs to
16 fttnded by the fee have a felationship or benefit to the persons
17 who will be paying the fee.Adoption of the fee,the program,
18 the finding of f�et shall all fequire a two thirds vote of the
19 governing bo
20 , the goveming board shall
21 , with
22 performanee meastwes and a budget. The program shall be
23
24
25 independent aiddit to be eondtteted annually on the speeifie
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-3— SB 1611
1 '
2 review and report to be provided annually to the goveming board
3
4
5 to the Legislature ott the speeifie program adopted pursttant to
6 , but need not be litnited
7 to, evaluation
8 .
9 Division I of Title 7 of the Government Code, or where there is
10 no county congestion management agency, the board of
11 supervisors, may place a majority vote ballot measure before the
12 voters of a county to authorize an increase in the vehicle
13 registration ,fee for transportation-related projects and
14 programs. The ballot measure resolution shall be adopted by a
15 majority vote of the governing board of a county congestion
16 management agency, or where there is no county congestion
17 management agency, the board of supervisors, at a noticed
18 public hearing. The resolution shall also contain a finding of fact
19 that the projects and programs to be funded by the fee have a
20 relationship or benefit to the persons who will be paying the fee.
21 Adoption of the resolution and the finding of fact shall all require
22 a majority vote of the governing board or the board of
23 supervisors, as appropriate, at a noticed public hearing.
24 (b) Pursuant to a ballot measure adopted under subdivision
25 (a), the voters of a county may impose an annual fee of up to
26 twenty-five dollars ($25) on each motor vehicle registered in the
27 county, with the net revenues to be used for
28 transportation-related programs that have a relationship or
29 benefit to the persons that pay the fee, including, but not limited
30 to, the provision of required matching funds for funding made
31 available for transportation from state general obligation bonds,
32 congestion mitigation, and pollution prevention.
33 (e)--
34 (c) The department shall, if requested by a congestion
35 management agency or the board of supervisors, as appropriate,
36 collect the fee impose approved by the voters pursuant to this
37 section upon the registration or renewal of registration of any
38 motor vehicle registered in the county, except those vehicles that
39 are expressly exempt under this code from the payment of
40 registration ffees. The agency or the board of supervisors, as
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SB 1611 —4-
1
4-1 appropriate, shall pay for the initial setup and programming
2 costs identified by the department through a direct contract with
3 the department.Any direct contract payment shall be repaid,with
4 no restriction on the use of funds, to the agency or the board of
5 supervisors, as appropriate, as part of the initial net revenues
6 distributed. After deducting all nonreimbursed costs incurred by
7 the department pursuant to this section, the department shall
8 distribute the net revenues to the agency or the board of
9 supervisors, as appropriate.
O
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