BILL ANALYSIS AB 2615 Page 1 Date of Hearing: April 14, 2008 ASSEMBLY COMMITTEE ON TRANSPORTATION Mark DeSaulnier, Chair AB 2615 (Houston) - As Introduced: February 22, 2008 SUBJECT : Transportation funding: City of Berkeley SUMMARY : Withholds local streets and roads bond dollars from the City of Berkeley (City) until the Controller determines that the City Council has revoked and withdrawn its notice to the United States Marine Corps that it is unwelcome in the City and until the City rescinds its order granting a parking space in front of the Marine recruiting office to the group "Code Pink." EXISTING LAW: 1)Provides $19.925 billion in bonds in 14 different programs, including $1 billion to cities from the Local Street and Roads, Congestion Relief, and Traffic Safety Account (Account). 2)Of the funds in the Account directed to cities, stipulates that each city is to receive at least $400,000. The remainder of the funds is to be distributed to cities proportionally based on population. 3)Requires these funds to be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety that may include, but not be limited to, street and highway pavement maintenance, rehabilitation, installation, construction and reconstruction of necessary associated facilities such as drainage and traffic control devices, or the maintenance, rehabilitation, installation, construction and reconstruction of facilities that expand ridership on transit systems, safety projects to reduce fatalities, or as a local match to obtain state or federal transportation funds for similar purposes. 4)Requires cities, prior to receiving funds from the Account, to submit to the Department of Finance (Finance) a list of projects expected to be funded with bond funds. AB 2615 Page 2 5)Requires Finance to report monthly to the State Controller (Controller) on the eligible local agencies that have submitted the appropriate project lists and directs the Controller then to allocate funds to those agencies. 6)For the 2007-2008 fiscal year, appropriates $550 million in bond funds to cities from the Account. FISCAL EFFECT : The City's total allocation of Proposition 1B funds for local streets and roads is $3.3 million. In the current fiscal year, $550 million has been allocated from the Account for cities. Of this amount, the City's allocation is $1,710,519. According to the Finance website, Finance has already directed the Controller to release the entire amount of funds due to the City from the current year's allotment. COMMENTS : On January 29th, 2008, the City of Berkeley approved a resolution stating, "?the Marine recruiting office is not welcome in our city, and if recruiters choose to stay, they do so as uninvited and unwelcome intruders. BE IT FURTHER RESOLVED, that the Council of the City of Berkeley encourages all people to avoid cooperation with the Marine Corps recruiting station, and applaud residents and organizations such as Code Pink, that may volunteer to impede, passively or actively, by nonviolent means, the work of any military recruiting office located in the City of Berkeley." On February 13, 2008, the Berkeley city council decided 7-2 not to send the letter they had asked the city clerk to draft to the Marines. The new letter written reportedly affirmed "the recruiters' right to locate in our city and the right of others to protest or support their presence." The new letter also stated that Berkeley did not support "the recruitment of our young people into this war" but "deeply respect and support the men and women in our armed forces." The council let stand its previous motions concerning the Marine Corps recruiting center, including the granting of a parking and noise permit for Code Pink. According to the author's office, the city "has dedicated public resources to the efforts of the individuals that are purporting a private political agenda. Many of these individuals are physically blocking access to the recruiting office?This constitutes an attempt to infringe on the rights of those who, AB 2615 Page 3 at their own will, want to become Marines." The author points out that this bill does not affect Bay Area public transportation or regional transportation corridors. Rather, the bill is focused on impacting the City, which is "represented by a council that has violated the public right-of-way by setting aside a public resource for a private agenda." REGISTERED SUPPORT / OPPOSITION : Support None received Opposition None received Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093