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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. 98 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 98 -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 98 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 98