BILL NUMBER: AB 2971	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008
	AMENDED IN ASSEMBLY  MARCH 24, 2008

INTRODUCED BY   Assembly Member DeSaulnier

                        FEBRUARY 22, 2008

   An act to amend Section 66484 of, and to add Section 14054 to, the
Government Code, relating to transportation facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2971, as amended, DeSaulnier. Fees: construction of bridges and
major thoroughfares: fatality rates.
   (1) Existing law specifies the various powers and duties of the
Department of Transportation relative to transportation planning and
implementation of transportation projects and services.
   This bill would create the Fair Share for Safety program. The
department would be required to periodically conduct an analysis
 for fatality rates of all modes of travel, as specified
  of the proportion of all fatalities that occur for
each mode of travel  , and would be encouraged to apportion
federal transportation safety funds, as specified, in a manner that
is proportionate to the  rate   proportion 
of fatalities for each mode of travel. The department, to the extent
possible, would be required to fund projects that provide safety
benefits to both bicycle and pedestrian travel.
   (2) The Subdivision Map Act authorizes a local agency to require
the payment of a fee as a condition of approval of a final map or as
a condition of issuing a building permit for purposes of defraying
the actual or estimated cost of constructing bridges or major
thoroughfares if specified conditions are met. The fees collected are
deposited in a planned bridge or major thoroughfare fund.
   This bill would authorize a local agency to require the payment of
a fee, as specified, as a condition of issuing a building permit for
purposes of defraying the actual or estimated cost of constructing
other transportation facilities, including pedestrian, bicycle,
transit, and traffic-calming facilities, if specified conditions are
met. The fees collected would be deposited in a multimodal fund.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14054 is added to the Government Code, to read:

   14054.  (a) The Legislature finds and declares the following:
   (1) In the state there are two primary sources of dedicated
statewide pedestrian or bicycle transportation funding that currently
exist: the Bicycle Transportation Account (BTA), funded at seven
million two hundred thousand dollars ($7,200,000) a year, and Safe
Routes to School (SRS), funded at twenty-four million two hundred
fifty thousand dollars ($24,250,000) a year.
   (2) The funding contained in the BTA and SRS represents less than
one-half of one percent of the state's overall transportation
dollars.
   (3) The state's traffic fatalities in 2005 totaled 4,304 out of
the nation's 43,443 fatalities, just under 10 percent of the nation's
total which is proportionate to the state's proportion of the nation'
s population. By contrast, bicycle and pedestrian fatality rates are
more than 50 percent higher than the national average.
   (4) According to crash data from the state, more than 20 percent
of all traffic fatalities in the state involve bicyclists and
pedestrians.
   (5) An imbalance exists between the number of pedestrian- and
bicycle-related fatalities and the amount of funding allocated to
address these types of fatalities.
   (6) The department has prepared a Strategic Highway Safety
 Implementation Plan (SHSIP) and a Safety Needs Action Plan
(SNAP)  Plan (SHSP)  as a condition of the federal
Safe, Accountable, Flexible, Efficient Transportation Equity Act-A
Legacy for Users of 2005 (P.L. 109-059; SAFETEA-LU) funding. 
This plan, as well as the Strategic Highway Safety Implementation
Plan and the Safety Needs Action Plan, identify key areas to focus
attention and resources to improve highway safety.  
   (7) The SHSIP and SNAP are reflective of SAFETEA-LU objectives
that safety become a funding decision criterion for the distribution
of funds. 
   (b) (1) The Fair Share for Safety program is hereby established.
   (2) The department shall periodically conduct  an analysis
for fatality rates of all modes of travel pursuant to the SHSIP
  an analysis of the   proportion of all
fatalities that occur for each mode of travel  , and is
encouraged to apportion federal transportation safety funds allocated
to the state through SAFETEA-LU in a manner that is proportionate to
the  rate   proportion  of fatalities for
each mode of travel.
   (3) When apportioning federal transportation safety funds pursuant
to this section, the department, to the extent possible, shall fund
projects that provide safety benefits to both bicycle and pedestrian
travel.
   SEC. 2.   Section 66484 of the Government Code is amended to read:

   66484.  (a) A local ordinance may require the payment of a fee as
a condition of approval of a final map or as a condition of issuing a
building permit for purposes of defraying the actual or estimated
cost of constructing bridges over waterways, railways, freeways, and
canyons, constructing major thoroughfares, or constructing other
transportation facilities, including pedestrian, bicycle, transit,
and traffic-calming facilities. The ordinance may require payment of
fees pursuant to this section if all of the following requirements
are satisfied:
   (1) The ordinance refers to the circulation element of the general
plan and, in the case of bridges, to the transportation or flood
control provisions thereof that identify railways, freeways, streams,
or canyons for which bridge crossings are required on the general
plan or local roads, in the case of major thoroughfares, to the
provisions of the circulation element that identify those major
thoroughfares whose primary purpose is to carry through traffic and
provide a network connecting to the state highway system, and in the
case of other transportation facilities, to the provisions of the
circulation element that identify those pedestrian, bicycle, transit,
and traffic-calming facilities that are required to minimize the use
of automobiles and minimize the traffic impacts of new development
on existing roads, if the circulation element, transportation or
flood control provisions have been adopted by the local agency 30
days prior to the filing of a map or application for a building
permit.
   (2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefitted. Notice shall be
given pursuant to Section 65091 and shall include preliminary
information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of
benefit may include land or improvements in addition to the land or
improvements that are the subject of any map or building permit
application considered at the proceedings.
   (3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land that abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare. A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the county in which the area of benefit is located. The
apportioned fees shall be applicable to all property within the area
of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for the property
or portions of the property. Where the area of benefit includes lands
not subject to the payment of fees pursuant to this section, the
governing agency shall make provision for payment of the share of
improvement costs apportioned to those lands from other sources.
   (4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares and other transportation
facilities are in addition to, or a reconstruction of, any existing
major thoroughfares, pedestrian facilities, bicycle facilities,
transit facilities, or traffic-calming devices serving the area at
the time of the adoption of the boundaries of the area of benefit.
   (5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit. The fees shall not be expended to reimburse the
cost of existing bridge facility construction.
   (6) The ordinance provides that if, within the time when protests
may be filed under the provisions of the ordinance, there is a
written protest, filed with the clerk of the legislative body, by the
owners of more than one-half of the area of the property to be
benefitted by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half
of that to be benefitted, then the proposed proceedings shall be
abandoned, and the legislative body shall not, for one year from the
filing of that written protest, commence or carry on any proceedings
for the same improvement or acquisition under the provisions of this
section.
   (b) Any protest may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to the ordinance.
   (c) If any majority protest is directed against only a portion of
the improvement then all further proceedings under the provisions of
this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the
legislative body may commence new proceedings not including any part
of the improvement or acquisition so protested against. Nothing in
this section prohibits a legislative body, within that one-year
period, from commencing and carrying on new proceedings for the
construction of a portion of the improvement so protested against if
it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be
benefitted are in favor of going forward with that portion of the
improvement or acquisition.
   (d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if the proceedings are abandoned.
   (e) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund. Fees paid pursuant to an ordinance adopted
pursuant to this section for pedestrian, bicycle, transit, and
traffic-calming facilities shall be deposited in a multimodal fund. A
fund shall be established for each planned bridge facility project
or each planned major thoroughfare project. If the benefit area is
one in which more than one bridge is required to be constructed, a
fund may be so established covering all of the bridge projects in the
benefit area. Money in the fund shall be expended solely for the
construction or reimbursement for construction of the improvement
serving the area to be benefitted and from which the fees comprising
the fund were collected, or to reimburse the local agency for the
cost of constructing the improvement.
   (f) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
   (g) A local agency imposing fees pursuant to this section may
advance money from its general fund or road fund to pay the cost of
constructing the improvements and may reimburse the general fund or
road fund for any advances from planned bridge facility or major
thoroughfares funds or multimodal funds established to finance the
construction of those improvements.
   (h) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of bridge
facilities, major thoroughfares, or other transportation facilities,
as set forth in subdivision (a). However, the sole security for
repayment of that indebtedness shall be moneys in planned bridge
facility or major thoroughfares funds or multimodal funds.
   (i) The term "construction" as used in this section includes
design, acquisition of right-of-way, administration of construction
contracts, and actual construction.
   (j) The term "construction," as used in this section, with respect
to the unincorporated area of San Diego County only, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor. The term
"construction," with respect to the unincorporated area of San Diego
County only, also includes reasonable administrative expenses, not
exceeding three hundred thousand dollars ($300,000) in any calendar
year after January 1, 1986, as adjusted annually for any increase or
decrease in the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all Urban
Consumers, San Diego, California (1967 = 100), as published by the
United States Department of Commerce for the purpose of constructing
bridges and major thoroughfares. "Administrative expenses" means
those office, personnel, and other customary and normal expenses
associated with the direct management and administration of the
agency, but not including costs of construction.
   (k) Nothing in this section precludes a county or city from
providing funds for the construction of bridge facilities or major
thoroughfares to defray costs not allocated to the area of benefit.