BILL NUMBER: SB 1093 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2008
PASSED THE ASSEMBLY AUGUST 14, 2008
AMENDED IN ASSEMBLY AUGUST 12, 2008
AMENDED IN ASSEMBLY JUNE 23, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE APRIL 21, 2008
AMENDED IN SENATE APRIL 7, 2008
INTRODUCED BY Senator Wiggins
(Principal coauthor: Assembly Member Evans)
JANUARY 10, 2008
An act to amend Sections 66540.6, 66540.11, 66540.12, 66540.16,
66540.22, 66540.24, 66540.32, 66540.43, and 66540.68 of, and to add
Sections 66540.315 and 66540.325 to, the Government Code, and to
amend Sections 30913 and 30914 of the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1093, Wiggins. San Francisco Bay Area Water Emergency
Transportation Authority.
Existing law, the San Francisco Bay Area Water Emergency
Transportation Response and Disaster Recovery Act, establishes the
San Francisco Bay Area Water Emergency Transportation Authority as a
local governmental entity of regional government and gives that
entity the authority to plan, manage, operate, and coordinate the
emergency activities of all water transportation and related
facilities within the bay area region, except as specified. Existing
law requires the transfer of public transportation ferries and
related water transportation services and facilities in the bay area
region, as specified, to the authority and requires the authority to
adopt a transition plan to facilitate that transfer. Existing law
requires that the planning, management, and operation of any existing
or planned public transportation ferries and related facilities and
services in the bay area region be consolidated under the authority's
control.
This bill would make that consolidation subject to the authority's
adoption of the transition plan and would prohibit the authority
from compelling property transfers or operational changes to water
transportation services provided by public agencies on or before
January 1, 2008, prior to the adoption of that plan. The bill would
require the transition plan to include specified information,
including, among other things, a description of the capital assets,
leasehold interests, and personnel, as specified, that the authority
proposes to be transferred; a specified operating plan; an initial
5-year Capital Improvement Program, as specified; and the date that
the ferry services are to be transferred to the authority. The bill
would provide that the transfer of assets or services from a local
agency shall be subject to negotiation and agreement by the local
agency. The bill would require that proposed changes to the water
transportation services or related facilities historically provided
by the City of Vallejo or the City of Alameda be consistent with the
city's general plan, its redevelopment plans, and its development and
disposition agreements for specified projects. The bill would
authorize the authority to establish a community advisory committee
to receive community and passenger recommendations related to
consolidation or operational issues affecting existing and proposed
water transportation services.
Existing law requires the authority to create and adopt the
transition plan on or before January 1, 2009, and requires the
authority to prepare a specific transition plan for any transfer not
anticipated by the former. Existing law also requires the authority
to create and adopt an emergency water transportation system
management plan on or before July 1, 2009. Under existing law, the
authority is required to provide a copy of those plans to each city
and county in the bay area region at least 45 days prior to adopting
the plans.
This bill would extend the date for the creation and adoption of
the transition plan to July 1, 2009. In addition, the bill would
require the authority to establish a process for taking public input
on the plans in consultation with existing operators of public ferry
services affected by the plans. The bill would require that the
public input process include at least one public hearing conducted at
least 60 days prior to adopting the plans in each city where an
operational ferry facility existed as of January 1, 2008.
Existing law authorizes the authority to accept the transfer of
ownership, operation, and management of any other public
transportation ferries and related water transportation services and
facilities within the bay area region developed or adopted by any
general purpose local government or special district that operates or
sponsors water transit.
This bill would also authorize the authority to accept leasehold
interests of those ferries and related water transportation services
and facilities. The bill would require the authority, in accepting a
transfer, to commit to maintaining the ferry and related services for
at least 5 years.
Existing law provides that the authority is governed by a board
of 5 members and prohibits a local jurisdiction or agency from having
more than one representative on the board.
This bill would instead prohibit a public agency from having more
than one representative on the board.
Existing law authorizes the board to appoint an auditor among
other officers.
This bill would instead authorize the board to appoint a chief
financial officer.
Existing law requires the board to supervise and regulate every
water transportation services facility owned or operated or
controlled by the authority, including the establishment of rates and
the making and enforcement of schedules, among other things, for or
in connection with any transportation facility owned or operated or
controlled by the authority.
This bill would require the board to establish a process for
taking public input on rates or schedules that the board proposes to
establish or change. The bill would require the board to conduct a
public hearing prior to adopting those rates schedules, or changes
and to provide notification of those rates, schedules, or changes to
the city where the ferry terminal affected by the rates, schedules,
or changes is located at least 30 days prior to the hearing.
Existing law requires the authority to bear reasonable
administrative costs incurred by public transportation ferries and
related water transportation services related to specified transfers
to the authority.
This bill would instead require the authority to bear the
reasonable administrative costs incurred by operators of water
transportation services related to specified transfers to the
authority or the implementation of the San Francisco Bay Area Water
Emergency Transportation Response and Disaster Recovery Act.
Existing law requires the authority to assume and be bound by the
employment terms and conditions set forth in any collective
bargaining agreement or employment contract between the San Francisco
Bay Area Water Transit Authority and any labor organization or
employee affected by the creation of the authority, as specified.
This bill would also require the authority to assume and be bound
by the employment terms and conditions set forth in any collective
bargaining agreement or employment contract between any public or
private entity whose services the authority directly assumes, and any
labor organization or employee included within the assumption of
those services.
The bill would enact other related provisions.
By imposing additional duties on the authority, the bill would
impose a state-mandated local program.
Existing law requires the Metropolitan Transportation Commission
to allocate certain amounts of the toll increase approved in 1988 for
specified purposes and requires that funds made available for rapid
water transit systems pursuant to that provision be allocated to the
authority.
This bill would require that allocation to the authority to begin
on the date specified in the transition plan described above.
Existing law authorizes the Metropolitan Transportation Commission
to fund certain operating programs as a component of the Regional
Traffic Relief Plan and identifies the authority as the project
sponsor for certain of those projects.
With regard to funds provided to the authority, this bill would
require that funds historically made available to the City of Vallejo
or the City of Alameda continue to be allocated to those cities
until the date specified in the transition plan described above. The
bill would authorize the authority to use those funds, not exceeding
$600,000, to support development of the transition plan and for
transition-related costs incurred on or after January 1, 2008, upon a
determination by the commission that the costs meet certain
requirements. The bill would also authorize the authority to use
those funds for operating purposes if consistent with the transition
plan and approved by the commission.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66540.6 of the Government Code is amended to
read:
66540.6. (a) In order to establish and secure emergency
activities of all water transportation and related facilities within
the bay area region, the authority shall have the authority to
operate a comprehensive emergency public water transportation system
that includes water transportation services, water transit terminals,
and any other transport and facilities supportive of the system for
the bay area region, provided that those facilities are consistent
with the bay plan adopted by the Bay Conservation and Development
Commission, as it may be amended from time to time, and that the
authority consults in good faith with affected municipalities,
counties, and other public agencies that may be affected by a
particular facility. The authority shall have authority and control
over public transportation ferries within the bay area region, except
that this section shall not affect any vessels, facilities, or
services owned, operated, or provided by the Golden Gate Bridge,
Highway and Transportation District. The planning, management, and
operation of any existing or planned public transportation ferries
and related facilities and services in the bay area region shall be
consolidated under the authority's control, subject to the adoption
of the transition plan required by subdivision (b) of Section
66540.32. The authority shall not compel property transfers or
operational changes to water transportation services provided by
public agencies on or before January 1, 2008, prior to the adoption
of that transition plan.
(b) Because of the importance of an orderly development of a
comprehensive bay area region emergency water transportation system,
the environmental, health, and public safety issues implicated, and
the scarce resources available, the authority shall determine the
entry within its jurisdiction of any water transportation service or
facility that will affect public lands or receive or benefit from the
use of federal, state, or local funds, except those owned, operated,
or provided by the Golden Gate Bridge, Highway and Transportation
District.
(c) Nothing in this section shall be construed to be in derogation
of the existing authority of the California Public Utilities
Commission.
SEC. 2. Section 66540.11 of the Government Code is amended to
read:
66540.11. (a) Public transportation ferries and related water
transportation services and facilities within the bay area region
shall be transferred to the authority in accordance with the
transition plan required under subdivision (b) of Section 66540.32.
This section shall not affect any vessels, services, or facilities
owned, operated, or provided by the Golden Gate Bridge, Highway and
Transportation District.
(b) The authority may accept the transfer of ownership, leasehold
interests, operation, and management of any other public
transportation ferries and related water transportation services and
facilities within the bay area region developed or adopted by any
general purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transportation services provided under agreement with a private
operator.
(c) All transfers pursuant to subdivisions (a) and (b) shall be
consistent with the adopted transition plan required under
subdivision (b) of Section 66540.32 and may include, but not be
limited to, all of the following:
(1) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and buildings and facilities used to
operate, maintain, and manage the water transportation services
system.
(2) All personnel currently employed by the water transportation
services system, subject to the provisions of Article 5 (commencing
with Section 66540.55) of Chapter 5.
(3) All contracts with tenants, concessionaires, leaseholders, and
others.
(4) All nondiscretionary local funds and subsidies for the water
transportation services system, other than the direct subsidy the
Golden Gate Bridge, Highway and Transportation District currently
provides to the water transportation services system it provides.
(5) All financial obligations generated from the operations of the
water transportation services system, including, but not limited to,
bonded indebtedness and subsidies associated with the public
transportation ferry system.
(d) In accepting a transfer, the authority shall commit to
maintaining public transportation ferries and related water
transportation services and facilities provided by the transferring
agency or operator for a period of at least five years following the
transfer. The authority shall attempt to maintain the service levels
provided by the transferring agency or operator pursuant to the
operating plan prepared pursuant to subparagraph (E) of paragraph (2)
of subdivision (b) of Section 66540.32. The authority may assume no
financial obligations other than the financial obligations associated
with the operation of the services and facilities being transferred
to the authority.
(e) Reasonable administrative costs incurred by operators of water
transportation services as of January 1, 2008, related to the
transfers required by this section or the implementation of this
title shall be borne by the authority. The authority may use Regional
Measure 2 operating funds pursuant to paragraph (6) of subdivision
(d) of Section 30914 of the Streets and Highways Code, in an amount
not to exceed six hundred thousand dollars ($600,000) to support
development of the transition plan specified in subdivision (b) of
Section 66540.32 and for transition-related costs incurred by the
authority or the transferring agencies on or after July 1, 2008, upon
a determination by the Metropolitan Transportation Commission that
the costs are reasonable and are substantially a result of the
transition. After adoption of the transition plan and formal
agreement by the Cities of Vallejo and Alameda to transition their
ferry services to the authority in accordance with the transition
plan, the authority may use additional Regional Measure 2 operating
funds above the limits referenced in this subdivision for transition
and transition-related activities, incurred before or after the
actual transfer of services and facilities, as specified in the
transition plan and approved by the Metropolitan Transportation
Commission.
(f) After adoption of the transition plan and after formal
agreement by the Cities of Vallejo and Alameda to transition their
services and facilities to the authority in accordance with the
transition plan, the authority may use Regional Measure 2 operating
funds in accordance with paragraph (6) of subdivision (d) of Section
30914 of the Streets and Highways Code for operation of the Vallejo
and Alameda services and facilities if consistent with the transition
plan and approved by the Metropolitan Transportation Commission.
(g) Notwithstanding any other provision of this title, if a
transfer of assets occurs, the authority shall indemnify the state
against any claims or liability relating to the ferry vessel
operations and facilities transferred, or any act or failure to act
when the authority has a legal obligation under the laws of this
state, except for any claims or liability arising out of or related
to City of Vallejo v. State of California (Solano County Superior
Court, Case No. FCS031170).
SEC. 3. Section 66540.12 of the Government Code is amended to
read:
66540.12. (a) The authority shall be governed by a board composed
of five members, as follows:
(1) Three members shall be appointed by the Governor, subject to
confirmation by the Senate. The Governor shall make the initial
appointment of these members of the board within 10 days after the
effective date of this title.
(2) One member shall be appointed by the Senate Committee on
Rules.
(3) One member shall be appointed by the Speaker of the Assembly.
(b) Each member of the board shall be a resident of a county in
the bay area region.
(c) Public officers associated with any area of government,
including planning or water, whether elected or appointed, may be
appointed to serve contemporaneously as members of the board. No
public agency may have more than one representative on the board of
the authority.
(d) The Governor shall designate one member as the chair of the
board and one member as the vice chair of the board.
(e) The term of a member of the board shall be six years.
(f) Vacancies shall be immediately filled by the appointing power
for the unexpired portion of the terms in which they occur.
SEC. 4. Section 66540.16 of the Government Code is amended to
read:
66540.16. (a) The board shall have the power to appoint all of
the following officers of the authority:
(1) Executive director.
(2) General counsel.
(3) Chief financial officer.
(b) The executive director shall be responsible for operation,
maintenance, financing, and planning functions, within the policy
guidelines established by the board. The executive director shall
prepare and submit an annual budget to the board. The executive
director shall have the authority to execute contracts, grant
documents, and financing documents under the policy guidelines that
may be established by the board. The executive director shall appoint
all other officers and employees.
SEC. 5. Section 66540.22 of the Government Code is amended to
read:
66540.22. (a) The board shall supervise and regulate every water
transportation services facility owned, operated, maintained, or
controlled by the authority, including the establishment of rates,
rentals, charges, and classifications, and the making and enforcement
of rules, regulations, contracts, practices, and schedules, for or
in connection with any transportation facility owned, operated, or
controlled by the authority.
(b) If the board proposes to establish or change rates or
schedules for or in connection with a facility described in
subdivision (a), the board shall establish a process for taking
public input on those proposed rates, schedules, or changes and shall
conduct a public hearing prior to the adoption of those rates,
schedules, or changes. The board shall provide written notification
of the proposed rates, schedules, or changes to the city where the
ferry terminal affected by those rates, schedules, or changes is
located at least 30 days prior to the public hearing.
SEC. 6. Section 66540.24 of the Government Code is amended to
read:
66540.24. (a) Three members of the board shall constitute a
quorum for the purpose of transacting any business of the board.
(b) Except as otherwise specifically provided to the contrary in
this title, a recorded majority vote of the total authorized
membership of the board is required on each action.
SEC. 7. Section 66540.315 is added to the Government Code, to
read:
66540.315. The authority may establish a community advisory
committee to receive community and passenger recommendations related
to consolidation and operational issues affecting existing and
proposed water transportation services. The authority shall determine
the composition of that committee.
SEC. 8. Section 66540.32 of the Government Code is amended to
read:
66540.32. (a) The authority shall create and adopt, on or before
July 1, 2009, an emergency water transportation system management
plan for water transportation services in the bay area region in the
event that bridges, highways, and other facilities are rendered
wholly or significantly inoperable.
(b) (1) The authority shall create and adopt, on or before July 1,
2009, a transition plan to facilitate the transfer of existing
public transportation ferry services within the bay area region to
the authority pursuant to this title. In the preparation of the
transition plan, priority shall be given to ensuring continuity in
the programs, services, and activities of existing public
transportation ferry services.
(2) The plan required by this subdivision shall include all of the
following:
(A) A description of existing ferry services in the bay area
region, as of January 1, 2008, that are to be transferred to the
authority pursuant to Section 66540.11 and a description of any
proposed changes to those services.
(B) A description of any proposed expansion of ferry services in
the bay area region.
(C) An inventory of the ferry and ferry-related capital assets or
leasehold interests, including, but not limited to, vessels,
terminals, maintenance facilities, and existing or planned parking
facilities or parking structures, and of the personnel, operating
costs, and revenues of public agencies operating public
transportation ferries and providing water transportation services as
of January 1, 2008, and those facilities that are to be transferred,
in whole or in part, to the authority pursuant to Section 66540.11.
(D) A description of those capital assets, leasehold interests,
and personnel identified in subparagraph (C) that the authority
proposes to be transferred pursuant to Section 66540.11.
(E) An operating plan that includes, at a minimum, an estimate of
the costs to continue the ferry services described in subparagraph
(A) for at least five years and a detailed description of current and
historically available revenues and proposed sources of revenue to
meet those anticipated costs. Further, the operating plan shall
identify options for closing any projected deficits or for addressing
increased cost inputs, such as fuel, for at least the five-year
period.
(F) A description of the proposed services, duties, functions,
responsibilities, and liabilities of the authority and those of
agencies providing or proposed to provide water transportation
services for the authority.
(G) To the extent the plan may include the transfer of assets or
services from a local agency to the authority pursuant to Section
66540.11, that transfer shall be subject to negotiation and agreement
by the local agency. The authority and the local agency shall
negotiate and agree on fair terms, including just compensation, prior
to any transfer authorized by this title.
(H) An initial five-year Capital Improvement Program (CIP)
detailing how the authority and its local agency partners plan to
support financing and completion of capital improvement projects,
including, but not limited to, those described in subparagraph (C),
that are required to support the operation of transferred ferry
services. Priority shall be given to emergency response projects and
those capital improvement projects for which a Notice of
Determination pursuant to the California Environmental Quality Act
has been filed and which further the expansion, efficiency, or
effectiveness of the ferry system.
(I) A description of how existing and expanded water
transportation services will provide seamless connections to other
transit providers in the bay area region, including, but not limited
to, a description of how the authority will coordinate with all local
agencies to ensure optimal public transportation services, including
supplemental bus services that existed on January 1, 2008, that
support access to the ferry system for the immediate and surrounding
communities.
(J) The date on which the ferry services are to be transferred to
the authority.
(3) To the extent the plan required by this subdivision includes
proposed changes to water transportation services or related
facilities historically provided by the City of Vallejo or the City
of Alameda, the proposed changes shall be consistent with that city's
general plan, its redevelopment plans, and its development and
disposition agreements for projects related to the provision of water
transportation services. Those projects include, but are not limited
to, the construction of parking facilities and transit transfer
facilities within close proximity of a ferry terminal or the
relocation of a ferry terminal.
(c) In developing the plans described in subdivisions (a) and (b),
the authority shall cooperate to the fullest extent possible with
the Metropolitan Transportation Commission, the State Office of
Emergency Services, the Association of Bay Area Governments, and the
San Francisco Bay Conservation and Development Commission, and shall,
to the fullest extent possible, coordinate its planning with local
agencies, including those local agencies that operated, or contracted
for the operation of, public water transportation services as of the
effective date of this title. To avoid duplication of work, the
authority shall make maximum use of data and information available
from the planning programs of the Metropolitan Transportation
Commission, the State Office of Emergency Services, the Association
of Bay Area Governments, the San Francisco Bay Conservation and
Development Commission, the cities and counties in the San Francisco
Bay area, and other public and private planning agencies. In
addition, the authority shall consider both of the following:
(1) The San Francisco Bay Area Water Transit Implementation and
Operations Plan adopted by the San Francisco Bay Area Water Transit
Authority on July 10, 2003.
(2) Any other plan concerning water transportation within the bay
area region developed or adopted by any general purpose local
government or special district that operates or sponsors water
transit, including, but not limited to, those water transportation
services provided under agreement with a private operator.
(d) The authority shall prepare a specific transition plan for any
transfer not anticipated by the transition plan required under
subdivision (b).
(e) Prior to adopting the plans required by this section, the
authority shall establish a process for taking public input on the
plans in consultation with existing operators of public ferry
services affected by the plans. The public input process shall
include at least one public hearing conducted at least 60 days prior
to the adoption of the plans in each city where an operational ferry
facility existed as of January 1, 2008.
SEC. 9. Section 66540.325 is added to the Government Code, to
read:
66540.325. When feeder transportation services are proposed to be
established to or from the facilities operated by the authority, the
authority shall coordinate with the public transit agency or
agencies in whose service territory the feeder service will operate.
SEC. 10. Section 66540.43 of the Government Code is amended to
read:
66540.43. (a) The authority may issue bonds, from time to time,
payable from revenue of any facility or enterprise operated,
acquired, or constructed by the authority, for any of the purposes
authorized by this title in accordance with the Revenue Bond Law of
1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division
2 of Title 5), excluding Article 3 (commencing with Section 54380)
of Chapter 6 of Part 1 of Division 2 of Title 5 and the limitations
set forth in subdivision (b) of Section 54402 which shall not apply
to the issuance and sale of bonds pursuant to this section.
(b) The authority is a local agency within the meaning of Section
54307. The water transportation services system or any or all
facilities and all additions and improvements that the authority's
governing board authorizes to be acquired or constructed and any
purpose, operation, facility, system, improvement, or undertaking of
the authority from which revenues are derived or otherwise allocable,
which revenues are, or may by resolution or ordinance be, required
to be separately accounted for from other revenues of the authority,
shall constitute an enterprise within the meaning of Section 54309.
(c) The board shall authorize the issuance of bonds pursuant to
this section by resolution, which resolution shall be adopted by a
majority vote and shall specify all of the following:
(1) The purposes for which the bonds are to be issued, which may
include one or more purposes permitted by this title.
(2) The maximum principal amount of bonds.
(3) The maximum term of bonds.
(4) The maximum rate of interest, fixed or variable, to be payable
upon the bonds.
(5) The maximum discount or premium payable on sale of the bonds.
(d) For purposes of the issuance and sale of bonds pursuant to
this section, the following definitions shall be applicable to the
Revenue Bond Law of 1941:
(1) "Fiscal agent" means any fiscal agent, trustee, paying agent,
depository, or other fiduciary provided for in the resolution
providing the terms and conditions for the issuance of the bonds,
which fiscal agent may be located within or without the state.
(2) "Resolution" means, unless the context otherwise requires, the
instrument providing the terms and conditions for the issuance of
bonds, which instrument may be an indenture, trust agreement,
installment sale agreement, lease, ordinance, or other instrument in
writing.
(e) Each resolution shall provide for the issuance of bonds in the
amounts as may be necessary, until the full amount of bonds
authorized has been issued. The full amount of bonds may be divided
into two or more series with different dates of payment fixed for
bonds of each series. A bond need not mature on its anniversary date.
(f) The authority may issue refunding bonds to redeem or retire
any bonds issued by the authority upon the terms, at the times, and
in the manner which the authority's governing body determines by
resolution. Refunding bonds may be issued in a principal amount
sufficient to pay all, or any part of, the principal of the
outstanding bonds, the premium, if any due upon call redemption
thereof prior to maturity, all expenses of redemption, and either of
the following:
(1) The interest upon the refunding bonds from the date of sale
thereof to the date of payment of the bonds to be refunded out of the
sale of the refunding bonds or to the date upon which the bonds to
be refunded will be paid pursuant to call or agreement with the
holders of the bonds.
(2) The interest upon the bonds to be refunded from the date of
sale of the refunding bonds to the date of payment of the bonds to be
refunded or to the date upon which the bonds to be refunded will be
paid pursuant to call or agreement with the holders of the bonds.
(g) The authority may enter into any liquidity or credit agreement
it may deem necessary in connection with the issuance of bonds
authorized by this section.
(h) This section provides a complete, additional, and alternative
method of performing the acts authorized by this article, and the
issuance of bonds, including refunding bonds, need not comply with
any other law applicable to borrowing or the issuance of bonds. Any
provision of the Revenue Bond Law of 1941 which is inconsistent with
this section or this title shall not be applicable.
(i) Nothing in this section prohibits the authority from availing
itself of any procedure provided in this article for the issuance of
bonds of any type or character for any of the authorized water
transportation facilities. All bond proceedings may be carried on
simultaneously or, in the alternative, as the authority may
determine.
SEC. 11. Section 66540.68 of the Government Code is amended to
read:
66540.68. (a) This article does not apply to any employees of the
authority in a bargaining unit that is represented by a labor
organization, except as to the protection of the rights of those
employees that were employees of the San Francisco Bay Area Water
Transit Authority as specifically provided in Section 66540.56.
(b) The adoption, terms, and conditions of the retirement systems
covering employees of the authority in a bargaining unit represented
by a labor organization shall be pursuant to a collective bargaining
agreement between that labor organization and the authority. Any such
retirement system adopted pursuant to a collective bargaining
agreement shall be on a sound actuarial basis. The authority and the
labor organization representing the authority's employees in a
bargaining unit shall be equally represented in the administration of
that retirement system.
(c) (1) The authority shall assume and be bound by the terms and
conditions of employment set forth in any collective bargaining
agreement or employment contract between the San Francisco Bay Area
Water Transit Authority and any labor organization or employee
affected by the creation of the authority, as well as the duties,
obligations, and liabilities arising from, or relating to, labor
obligations imposed by state or federal law upon the San Francisco
Bay Area Water Transit Authority.
(2) The authority shall assume and be bound by the terms and
conditions of employment set forth in any collective bargaining
agreement or employment contract between any entity, whether public
or private, whose services the authority directly assumes, and any
labor organization or employee included within the assumption of
those services.
SEC. 12. Section 30913 of the Streets and Highways Code is amended
to read:
30913. (a) In addition to any other authorized expenditure of
toll bridge revenues, the following major projects may be funded from
toll revenues:
(1) Benicia-Martinez Bridge: Widening of the existing bridge.
(2) Benicia-Martinez Bridge: Construction of an additional span
parallel to the existing bridge.
(3) Carquinez Bridge: Replacement of the existing western span.
(4) Richmond-San Rafael Bridge: Major rehabilitation of the
bridge, and development of a new easterly approach between the toll
plaza and Route 80, near Pinole, known as the Richmond Parkway.
(b) The toll increase approved in 1988, which authorized a uniform
toll of one dollar ($1) for two-axle vehicles on the bridges and
corresponding increases for multi-axle vehicles, resulted in the
following toll increases for two-axle vehicles on the bridges:
1988
Increase
(Two-axle
Bridge vehicles)
Antioch Bridge $0.50
Benicia-Martinez Bridge .60
Carquinez Bridge .60
Dumbarton Bridge .25
Richmond-San Rafael .00
Bridge
San Francisco-Oakland .25
Bay Bridge
San Mateo-Hayward Bridge .25
Portions of the 1988 toll increase were dedicated to transit
purposes, and these amounts shall be calculated as up to 2 percent of
the revenue generated each year by the collection on all bridges of
the base toll at the level established by the 1988 toll increase. The
Metropolitan
Transportation Commission shall allocate two-thirds of these amounts
for transportation projects, other than those specified in Sections
30912 and 30913 and in subdivision (a) of Section 30914, which are
designed to reduce vehicular traffic congestion and improve bridge
operations on any bridge, including, but not limited to, bicycle
facilities and for the planning, construction, operation, and
acquisition of rapid water transit systems. The commission shall
allocate the remaining one-third solely for the planning,
construction, operation, and acquisition of rapid water transit
systems. The plans for the projects may also be funded by these
moneys. Funds made available for rapid water transit systems pursuant
to this subdivision shall be allocated to the San Francisco Bay Area
Water Emergency Transportation Authority beginning on the date
specified in the adopted transition plan developed by the authority
pursuant to subdivision (b) of Section 66540.32 of the Government
Code.
(c) The department shall not include, in the plans for the new
Benicia-Martinez Bridge, toll plazas, highways, or other facilities
leading to or from the Benicia-Martinez Bridge, any construction that
would result in the net loss of any wetland acreage.
(d) With respect to the Benicia-Martinez and Carquinez Bridges,
the department shall consider the potential for rail transit as part
of the plans for the new structures specified in paragraphs (2) and
(3) of subdivision (a).
(e) At the time the first of the new bridges specified in
paragraphs (2) and (3) of subdivision (a) is opened to the public,
there shall be a lane for the exclusive use of pedestrians and
bicycles available on at least, but not limited to, the original span
at Benicia or Carquinez, or the additional or replacement spans
planned for those bridges. The design of these bridges shall not
preclude the subsequent addition of a lane for the exclusive use of
pedestrians and bicycles.
SEC. 13. Section 30914 of the Streets and Highways Code is amended
to read:
30914. (a) In addition to any other authorized expenditures of
toll bridge revenues, the following major projects may be funded from
toll revenues of all bridges:
(1) Dumbarton Bridge: Improvement of the western approaches from
Route 101 if affected local governments are involved in the planning.
(2) San Mateo-Hayward Bridge and approaches: Widening of the
bridge to six lanes, construction of rail transit capital
improvements on the bridge structure, and improvements to the Route
92/Route 880 interchange.
(3) Construction of West Grand connector or an alternate project
designed to provide comparable benefit by reducing vehicular traffic
congestion on the eastern approaches to the San Francisco-Oakland Bay
Bridge. Affected local governments shall be involved in the
planning.
(4) Not less than 90 percent of the revenues determined by the
authority as derived from the toll increase approved in 1988 for
class I vehicles on the San Francisco-Oakland Bay Bridge authorized
by Section 30917 shall be used exclusively for rail transit capital
improvements designed to reduce vehicular traffic congestion on that
bridge. This amount shall be calculated as 21 percent of the revenue
generated each year by the collection of the base toll at the level
established by the 1988 increase on the San Francisco-Oakland Bay
Bridge.
(b) Notwithstanding any funding request for the transbay bus
terminal pursuant to Section 31015, the Metropolitan Transportation
Commission shall allocate toll bridge revenues in an annual amount
not to exceed three million dollars ($3,000,000), plus a 3.5-percent
annual increase, to the department or to the Transbay Joint Powers
Authority after the department transfers the title of the Transbay
Terminal Building to that entity, for operation and maintenance
expenditures. This allocation shall be payable from funds transferred
by the Bay Area Toll Authority. This transfer of funds is
subordinate to any obligations of the authority, now or hereafter
existing, having a statutory or first priority lien against the toll
bridge revenues. The first annual 3.5-percent increase shall be made
on July 1, 2004. The transfer is further subject to annual
certification by the department or the Transbay Joint Powers
Authority that the total Transbay Terminal Building operating revenue
is insufficient to pay the cost of operation and maintenance without
the requested funding.
(c) If the voters approve a toll increase in 2004 pursuant to
Section 30921, the authority shall, consistent with the provisions of
subdivisions (d) and (f), fund the projects described in this
subdivision and in subdivision (d) that shall collectively be known
as the Regional Traffic Relief Plan by bonding or transfers to the
Metropolitan Transportation Commission. These projects have been
determined to reduce congestion or to make improvements to travel in
the toll bridge corridors, from toll revenues of all bridges:
(1) BART/MUNI Connection at Embarcadero and Civic Center Stations.
Provide direct access from the BART platform to the MUNI platform at
the above stations and equip new fare gates that are TransLink
ready. Three million dollars ($3,000,000). The project sponsor is
BART.
(2) MUNI Metro Third Street Light Rail Line. Provide funding for
the surface and light rail transit and maintenance facility to
support MUNI Metro Third Street Light Rail service connecting to
Caltrain stations and the E-Line waterfront line. Thirty million
dollars ($30,000,000). The project sponsor is MUNI.
(3) MUNI Waterfront Historic Streetcar Expansion. Provide funding
to rehabilitate historic streetcars and construct trackage and
terminal facilities to support service from the Caltrain Terminal,
the Transbay Terminal, and the Ferry Building, and connecting the
Fisherman's Wharf and northern waterfront. Ten million dollars
($10,000,000). The project sponsor is MUNI.
(4) East to West Bay Commuter Rail Service over the Dumbarton Rail
Bridge. Provide funding for the necessary track and station
improvements and rolling stock to interconnect the BART and Capitol
Corridor at Union City with Caltrain service over the Dumbarton Rail
Bridge, and interconnect and provide track improvements for the ACE
line with the same Caltrain service at Centerville. Provide a new
station at Sun Microsystems in Menlo Park. One hundred thirty-five
million dollars ($135,000,000). The project is jointly sponsored by
the San Mateo County Transportation Authority, Capitol Corridor, the
Alameda County Congestion Management Agency, and the Alameda County
Transportation Improvement Authority.
(5) Vallejo Station. Construct intermodal transportation hub for
bus and ferry service, including parking structure, at site of
Vallejo's current ferry terminal. Twenty-eight million dollars
($28,000,000). The project sponsor is the City of Vallejo.
(6) Solano County Express Bus Intermodal Facilities. Provide
competitive grant fund source, to be administered by the Metropolitan
Transportation Commission. Eligible projects are Curtola Park and
Ride, Benicia Intermodal Facility, Fairfield Transportation Center
and Vacaville Intermodal Station. Priority to be given to projects
that are fully funded, ready for construction, and serving transit
service that operates primarily on existing or fully funded
high-occupancy vehicle lanes. Twenty million dollars ($20,000,000).
The project sponsor is Solano Transportation Authority.
(7) Solano County Corridor Improvements near Interstate
80/Interstate 680 Interchange. Provide funding for improved mobility
in corridor based on recommendations of joint study conducted by the
Department of Transportation and the Solano Transportation Authority.
Cost-effective transit infrastructure investment or service
identified in the study shall be considered a high priority. One
hundred million dollars ($100,000,000). The project sponsor is Solano
Transportation Authority.
(8) Interstate 80: Eastbound High-Occupancy Vehicle (HOV) Lane
Extension from Route 4 to Carquinez Bridge. Construct HOV-lane
extension. Fifty million dollars ($50,000,000). The project sponsor
is the Department of Transportation.
(9) Richmond Parkway Transit Center. Construct parking structure
and associated improvements to expand bus capacity. Sixteen million
dollars ($16,000,000). The project sponsor is Alameda-Contra Costa
Transit District, in coordination with West Contra Costa
Transportation Advisory Committee, Western Contra Costa Transit
Authority, City of Richmond, and the Department of Transportation.
(10) Sonoma-Marin Area Rail Transit District (SMART) Extension to
Larkspur or San Quentin. Extend rail line from San Rafael to a ferry
terminal at Larkspur or San Quentin. Thirty-five million dollars
($35,000,000). Up to five million dollars ($5,000,000) may be used to
study, in collaboration with the Water Transit Authority, the
potential use of San Quentin property as an intermodal water transit
terminal. The project sponsor is SMART.
(11) Greenbrae Interchange/Larkspur Ferry Access Improvements.
Provide enhanced regional and local access around the Greenbrae
Interchange to reduce traffic congestion and provide multimodal
access to the Richmond-San Rafael Bridge and Larkspur Ferry Terminal
by constructing a new full service diamond interchange at Wornum
Drive south of the Greenbrae Interchange, extending a multiuse
pathway from the new interchange at Wornum Drive to East Sir Francis
Drake Boulevard and the Cal Park Hill rail right-of-way, adding a new
lane to East Sir Francis Drake Boulevard and rehabilitating the Cal
Park Hill Rail Tunnel and right-of-way approaches for bicycle and
pedestrian access to connect the San Rafael Transit Center with the
Larkspur Ferry Terminal. Sixty-five million dollars ($65,000,000).
The project sponsor is Marin County Congestion Management Agency.
(12) Direct High-Occupancy Vehicle (HOV) lane connector from
Interstate 680 to the Pleasant Hill or Walnut Creek BART stations or
in close proximity to either station or as an extension of the
southbound Interstate 680 High-Occupancy Vehicle Lane through the
Interstate 680/State Highway Route 4 interchange from North Main in
Walnut Creek to Livorna Road. The County Connection shall utilize up
to one million dollars ($1,000,000) of the funds described in this
paragraph to develop options and recommendations for providing
express bus service on the Interstate 680 High-Occupancy Vehicle Lane
south of the Benicia Bridge in order to connect to BART. Upon
completion of the plan, the Contra Costa Transportation Authority
shall adopt a preferred alternative provided by the County Connection
plan for future funding. Following adoption of the preferred
alternative, the remaining funds may be expended either to fund the
preferred alternative or to extend the high-occupancy vehicle lane as
described in this paragraph. Fifteen million dollars ($15,000,000).
The project is sponsored by the Contra Costa Transportation
Authority.
(13) Rail Extension to East Contra Costa/E-BART. Extend BART from
Pittsburg/Bay Point Station to Byron in East Contra Costa County.
Ninety-six million dollars ($96,000,000). Project funds may only be
used if the project is in compliance with adopted BART policies with
respect to appropriate land use zoning in vicinity of proposed
stations. The project is jointly sponsored by BART and Contra Costa
Transportation Authority.
(14) Capitol Corridor Improvements in Interstate 80/Interstate 680
Corridor. Fund track and station improvements, including the Suisun
Third Main Track and new Fairfield Station. Twenty-five million
dollars ($25,000,000). The project sponsor is Capitol Corridor Joint
Powers Authority and the Solano Transportation Authority.
(15) Central Contra Costa Bay Area Rapid Transit (BART) Crossover.
Add new track before Pleasant Hill BART Station to permit BART
trains to cross to return track towards San Francisco. Twenty-five
million dollars ($25,000,000). The project sponsor is BART.
(16) Benicia-Martinez Bridge: New Span. Provide partial funding
for completion of new five-lane span between Benicia and Martinez to
significantly increase capacity in the I-680 corridor. Fifty million
dollars ($50,000,000). The project sponsor is the Bay Area Toll
Authority.
(17) Regional Express Bus North. Competitive grant program for bus
service in Richmond-San Rafael Bridge, Carquinez, Benicia-Martinez
and Antioch Bridge corridors. Provide funding for park and ride lots,
infrastructure improvements, and rolling stock. Eligible recipients
include Golden Gate Bridge Highway and Transportation District,
Vallejo Transit, Napa VINE, Fairfield-Suisun Transit, Western Contra
Costa Transit Authority, Eastern Contra Costa Transit Authority, and
Central Contra Costa Transit Authority. The Golden Gate Bridge
Highway and Transportation District shall receive a minimum of one
million six hundred thousand dollars ($1,600,000). Napa VINE shall
receive a minimum of two million four hundred thousand dollars
($2,400,000). Twenty million dollars ($20,000,000). The project
sponsor is the Metropolitan Transportation Commission.
(18) TransLink. Integrate the bay area's regional smart card
technology, TransLink, with operator fare collection equipment and
expand system to new transit services. Twenty-two million dollars
($22,000,000). The project sponsor is the Metropolitan Transportation
Commission.
(19) Real-Time Transit Information. Provide a competitive grant
program for transit operators for assistance with implementation of
high-technology systems to provide real-time transit information to
riders at transit stops or via telephone, wireless, or Internet
communication. Priority shall be given to projects identified in the
commission's connectivity plan adopted pursuant to subdivision (d) of
Section 30914.5. Twenty million dollars ($20,000,000). The funds
shall be administered by the Metropolitan Transportation Commission.
(20) Safe Routes to Transit: Plan and construct bicycle and
pedestrian access improvements in close proximity to transit
facilities. Priority shall be given to those projects that best
provide access to regional transit services. Twenty-two million five
hundred thousand dollars ($22,500,000). City Car Share shall receive
two million five hundred thousand dollars ($2,500,000) to expand its
program within approximately one-quarter mile of transbay regional
transit terminals or stations. The City Car Share project is
sponsored by City Car Share and the Safe Routes to Transit project is
jointly sponsored by the East Bay Bicycle Coalition and the
Transportation and Land Use Coalition. These sponsors must identify a
public agency cosponsor for purposes of specific project fund
allocations.
(21) BART Tube Seismic Strengthening. Add seismic capacity to
existing BART tube connecting the east bay with San Francisco. One
hundred forty-three million dollars ($143,000,000). The project
sponsor is BART.
(22) Transbay Terminal/Downtown Caltrain Extension. A new Transbay
Terminal at First and Mission Streets in San Francisco providing
added capacity for transbay, regional, local, and intercity bus
services, the extension of Caltrain rail services into the terminal,
and accommodation of a future high-speed passenger rail line to the
terminal and eventual rail connection to the east bay. Eligible
expenses include project planning, design and engineering,
construction of a new terminal and its associated ramps and tunnels,
demolition of existing structures, design and development of a
temporary terminal, property and right-of-way acquisitions required
for the project, and associated project-related administrative
expenses. A bus- and train-ready terminal facility, including
purchase and acquisition of necessary rights-of-way for the terminal,
ramps, and rail extension, is the first priority for toll funds for
the Transbay Terminal/Downtown Caltrain Extension Project. The
temporary terminal operation shall not exceed five years. One hundred
fifty million dollars ($150,000,000). The project sponsor is the
Transbay Joint Powers Authority.
(23) Oakland Airport Connector. New transit connection to link
BART, Capitol Corridor and AC Transit with Oakland Airport. The Port
of Oakland shall provide a full funding plan for the connector.
Thirty million dollars ($30,000,000). The project sponsors are the
Port of Oakland and BART.
(24) AC Transit Enhanced Bus-Phase 1 on Telegraph Avenue,
International Boulevard, and East 14th Street (Berkeley-Oakland-San
Leandro). Develop enhanced bus service on these corridors, including
bus bulbs, signal prioritization, new buses, and other improvements.
Priority of investment shall improve the AC connection to BART on
these corridors. Sixty-five million dollars ($65,000,000). The
project sponsor is AC Transit.
(25) Transbay Commute Ferry Service. Purchase two vessels for
transbay ferry services. Second vessel funds to be released upon
demonstration of appropriate terminal locations, new transit-oriented
development, adequate parking, and sufficient landside feeder
connections to support ridership projections. Twelve million dollars
($12,000,000). The project sponsor is San Francisco Bay Area Water
Emergency Transportation Authority. If the San Francisco Bay Area
Water Emergency Transportation Authority demonstrates to the
Metropolitan Transportation Commission that it has secured
alternative funding for the two vessel purchases described in this
paragraph, the funds may be used for terminal improvements or for
consolidation of existing ferry operations.
(26) Commute Ferry Service for Berkeley/Albany. Purchase two
vessels for ferry services between the Berkeley/Albany Terminal and
San Francisco. Parking access and landside feeder connections must be
sufficient to support ridership projections. Twelve million dollars
($12,000,000). The project sponsor is the San Francisco Bay Area
Water Emergency Transportation Authority. If the San Francisco Bay
Area Water Emergency Transportation Authority demonstrates to the
Metropolitan Transportation Commission that it has secured
alternative funding for the two vessel purchases described in this
paragraph, the funds may be used for terminal improvements. If the
San Francisco Bay Area Water Emergency Transportation Authority does
not have an entitled terminal site within the Berkeley/Albany
catchment area by 2010 that meets its requirements, the funds
described in this paragraph and the operating funds described in
paragraph (7) of subdivision (d) shall be transferred to another site
in the East Bay. The City of Richmond shall be given first priority
to receive this transfer of funds if it has met the planning
milestones identified in its special study developed pursuant to
paragraph (28).
(27) Commute Ferry Service for South San Francisco. Purchase two
vessels for ferry services to the Peninsula. Parking access and
landside feeder connections must be sufficient to support ridership
projections. Twelve million dollars ($12,000,000). The project
sponsor is the San Francisco Bay Area Water Emergency Transportation
Authority. If the San Francisco Bay Area Water Emergency
Transportation Authority demonstrates to the Metropolitan
Transportation Commission that it has secured alternative funding for
the two vessel purchases described in this paragraph, the funds may
be used for terminal improvements.
(28) Water Transit Facility Improvements, Spare Vessels, and
Environmental Review Costs. Provide two backup vessels for water
transit services, expand berthing capacity at the Port of San
Francisco, and expand environmental studies and design for eligible
locations. Forty-eight million dollars ($48,000,000). The project
sponsor is San Francisco Bay Area Water Emergency Transportation
Authority. Up to one million dollars ($1,000,000) of the funds
described in this paragraph shall be made available for the San
Francisco Bay Area Water Emergency Transportation Authority to study
accelerating development and other milestones that would potentially
increase ridership at the City of Richmond ferry terminal.
(29) Regional Express Bus Service for San Mateo, Dumbarton, and
Bay Bridge Corridors. Expand park and ride lots, improve HOV access,
construct ramp improvements, and purchase rolling stock. Twenty-two
million dollars ($22,000,000). The project sponsors are AC Transit
and Alameda County Congestion Management Agency.
(30) I-880 North Safety Improvements. Reconfigure various ramps on
I-880 and provide appropriate mitigations between 29th Avenue and
16th Avenue. Ten million dollars ($10,000,000). The project sponsors
are Alameda County Congestion Management Agency, City of Oakland, and
the Department of Transportation.
(31) BART Warm Springs Extension. Extension of the existing BART
system from Fremont to Warm Springs in southern Alameda County.
Ninety-five million dollars ($95,000,000). Up to ten million dollars
($10,000,000) shall be used for grade separation work in the City of
Fremont necessary to extend BART. The project would facilitate a
future rail service extension to the Silicon Valley. The project
sponsor is BART.
(32) I-580 (Tri Valley) Rapid Transit Corridor Improvements.
Provide rail or High-Occupancy Vehicle lane direct connector to
Dublin BART and other improvements on I-580 in Alameda County for use
by express buses. Sixty-five million dollars ($65,000,000). The
project sponsor is Alameda County Congestion Management Agency.
(33) Regional Rail Master Plan. Provide planning funds for
integrated regional rail study pursuant to subdivision (f) of Section
30914.5. Six million five hundred thousand dollars ($6,500,000). The
project sponsors are Caltrain and BART.
(34) Integrated Fare Structure Program. Provide planning funds for
the development of zonal monthly transit passes pursuant to
subdivision (e) of Section 30914.5. One million five hundred thousand
dollars ($1,500,000). The project sponsor is the Translink
Consortium.
(35) Transit Commuter Benefits Promotion. Marketing program to
promote tax-saving opportunities for employers and employees as
specified in Section 132(f)(3) or 162(a) of the Internal Revenue
Code. Goal is to increase the participation rate of employers
offering employees a tax-free benefit to commute to work by transit.
The project sponsor is the Metropolitan Transportation Commission.
Five million dollars ($5,000,000).
(36) Caldecott Tunnel Improvements. Provide funds to plan and
construct a fourth bore at the Caldecott Tunnel between Contra Costa
and Alameda Counties. The fourth bore will be a two-lane bore with a
shoulder or shoulders north of the current three bores. The County
Connection shall study all feasible alternatives to increase transit
capacity in the westbound corridor of State Highway Route 24 between
State Highway Route 680 and the Caldecott Tunnel, including the study
of the use of an express lane, high-occupancy vehicle lane, and an
auxiliary lane. The cost of the study shall not exceed five hundred
thousand dollars ($500,000) and shall be completed not later than
January 15, 2006. Fifty million five hundred thousand dollars
($50,500,000). The project sponsor is the Contra Costa Transportation
Authority.
(d) Not more than 38 percent of the revenues generated from the
toll increase shall be made available annually for the purpose of
providing operating assistance for transit services as set forth in
the authority's annual budget resolution. The funds shall be made
available to the provider of the transit services subject to the
performance measures described in Section 30914.5. If the funds
cannot be obligated for operating assistance consistent with the
performance measures, these funds shall be obligated for other
operations consistent with this chapter.
Except for operating programs that do not have planned funding
increases and subject to the 38-percent limit on total operating cost
funding in any single year, following the first year of scheduled
operations, an escalation factor, not to exceed 1.5 percent per year,
shall be added to the operating cost funding through fiscal year
2015-16, to partially offset increased operating costs. The
escalation factors shall be contained in the operating agreements
described in Section 30914.5. Subject to the limitations of this
paragraph, the Metropolitan Transportation Commission may annually
fund the following operating programs as another component of the
Regional Traffic Relief Plan:
(1) Golden Gate Express Bus Service over the Richmond Bridge
(Route 40). Two million one hundred thousand dollars ($2,100,000).
(2) Napa Vine Service terminating at the Vallejo Intermodal
Terminal. Three hundred ninety thousand dollars ($390,000).
(3) Regional Express Bus North Pool serving the Carquinez and
Benicia Bridge Corridors. Three million four hundred thousand dollars
($3,400,000).
(4) Regional Express Bus South Pool serving the Bay Bridge, San
Mateo Bridge, and Dumbarton Bridge Corridors. Six million five
hundred thousand dollars ($6,500,000).
(5) Dumbarton Rail. Five million five hundred thousand dollars
($5,500,000).
(6) San Francisco Bay Area Water Emergency Transportation
Authority, Alameda/Oakland/Harbor Bay, Berkeley/Albany, South San
Francisco, Vallejo, or other transbay ferry service. A portion of the
operating funds may be dedicated to landside transit operations.
Fifteen million three hundred thousand dollars ($15,300,000). Funds
historically made available to the City of Vallejo or the City of
Alameda shall continue to be allocated to those cities until the date
specified in the adopted transition plan developed by the San
Francisco Bay Area Water Emergency Authority pursuant to subdivision
(b) of Section 66540.32 of the Government Code. The authority may use
up to six hundred thousand dollars ($600,000) to support development
of the transition plan and for transition-related costs, including,
but not limited to, reasonable administrative costs incurred by the
authority and transferring agencies on or after July 1, 2008, in
accordance with subdivision (e) of Section 66540.11 of the Government
Code, upon a determination by the Metropolitan Transportation
Commission that these costs are reasonable and substantially the
result of the transition. After adoption of the transition plan and
after formal agreement by the Cities of Alameda and Vallejo to
transition their ferry services to the authority in accordance with
the transition plan, the authority may use additional funds, above
the limits previously referenced in this paragraph, for transition
and transition-related activities, incurred before or after the
actual transfer of services, as defined in the transition plan and
approved by the Metropolitan Transportation Commission. The authority
may utilize funds from
this section for operation of the services transferred from the City
of Vallejo or the City of Alameda if approved by the Metropolitan
Transportation Commission.
(7) Owl Bus Service on BART Corridor. One million eight hundred
thousand dollars ($1,800,000).
(8) MUNI Metro Third Street Light Rail Line. Two million five
hundred thousand dollars ($2,500,000) without escalation.
(9) AC Transit Enhanced Bus Service on Telegraph Avenue,
International Boulevard, and East 14th Street in Berkeley-Oakland-San
Leandro. Three million dollars ($3,000,000) without escalation.
(10) TransLink, three-year operating program. Twenty million
dollars ($20,000,000) without escalation.
(11) San Francisco Bay Area Water Emergency Transportation
Authority, regional planning and operations. Three million dollars
($3,000,000) without escalation.
(e) For all projects authorized under subdivision (c), the project
sponsor shall submit an initial project report to the Metropolitan
Transportation Commission before July 1, 2004. This report shall
include all information required to describe the project in detail,
including the status of any environmental documents relevant to the
project, additional funds required to fully fund the project, the
amount, if any, of funds expended to date, and a summary of any
impediments to the completion of the project. This report, or an
updated report, shall include a detailed financial plan and shall
notify the commission if the project sponsor will request toll
revenue within the subsequent 12 months. The project sponsor shall
update this report as needed or requested by the commission. No funds
shall be allocated by the commission for any project authorized by
subdivision (c) until the project sponsor submits the initial project
report, and the report is reviewed and approved by the commission.
If multiple project sponsors are listed for projects listed in
subdivision (c), the commission shall identify a lead sponsor in
coordination with all identified sponsors, for purposes of allocating
funds. For any projects authorized under subdivision (c), the
commission shall have the option of requiring a memorandum of
understanding between itself and the project sponsor or sponsors that
shall include any specific requirements that must be met prior to
the allocation of funds provided under subdivision (c).
(f) The Metropolitan Transportation Commission shall annually
assess the status of programs and projects and shall allocate a
portion of funding made available under Section 30921 or 30958 for
public information and advertising to support the services and
projects identified in subdivisions (c) and (d). If a program or
project identified in subdivision (c) has cost savings after
completion, taking into account construction costs and an estimate of
future settlement claims, or cannot be completed or cannot continue
due to delivery or financing obstacles making the completion or
continuation of the program or project unrealistic, the commission
shall consult with the program or project sponsor. After consulting
with the sponsor, the commission shall hold a public hearing
concerning the program or project. After the hearing, the commission
may vote to modify the program or the project's scope, decrease its
level of funding, or reassign some or all of the funds to another
project within the same bridge corridor. If a program or project
identified in subdivision (c) is to be implemented with other funds
not derived from tolls, the commission shall follow the same
consultation and hearing process described above and may vote
thereafter to reassign the funds to another project consistent with
the intent of this chapter. If an operating program or project as
identified in subdivision (d) cannot achieve its performance
objectives described in subdivision (a) of Section 30914.5 or cannot
continue due to delivery or financing obstacles making the completion
or continuation of the program or project unrealistic, the
commission shall consult with the program or the project sponsor.
After consulting with the sponsor, the commission shall hold a public
hearing concerning the program or project. After the hearing, the
commission may vote to modify the program or the project's scope,
decrease its level of funding, or to reassign some or all of the
funds to another or an additional regional transit program or project
within the same corridor. If a program or project does not meet the
required performance measures, the commission shall give the sponsor
a time certain to achieve the performance measures before reassigning
its funding.
(g) If the voters approve a toll increase pursuant to Section
30921, the authority shall within 24 months of the election date,
include the projects in a long-range plan that are consistent with
the commission's findings required by this section and Section
30914.5. The authority shall update its long-range plan as required
to maintain its viability as a strategic plan for funding projects
authorized by this section. The authority shall by January 1, 2007,
submit its updated long-range plan to the transportation policy
committee of each house of the Legislature for review.
(h) If the voters approve a toll increase pursuant to Section
30921, and if additional funds from this toll increase are available
following the funding obligations of subdivisions (c) and (d), the
authority may set aside a reserve to fund future rolling stock
replacement to enhance the sustainability of the services enumerated
in subdivision (d). The authority shall, by January 1, 2020, submit a
20-year toll bridge expenditure plan to the Legislature for
adoption. This expenditure plan shall have, as its highest priority,
replacement of transit vehicles purchased pursuant to subdivision
(c).
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.