Amended in Senate August 6, 2014

Amended in Senate July 2, 2014

Amended in Senate August 12, 2013

Amended in Assembly May 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 141

Introduced by Assembly Member Ammiano

January 17, 2013

An act to amend Sections 1967.2 and 1967.3 of, and to add Section 1967.35 to, the Streets and Highways Code, and to amend Section 2 of Chapter 317 of the Statutes of 2008, relating to transportation, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 141, as amended, Ammiano. Treasure Island Transportation Management Act.

Existing law, the Treasure Island Transportation Management Act, authorizes the Board of Supervisors of the City and County of San Francisco to designate a board or agency to act as the transportation management agency for Treasure Island, defined to also include Yerba Buena Island. The act authorizes the transportation management agency, pursuant to the terms of a resolution or ordinance adopted by the board of supervisors, to recommend an initial fee structure for congestion pricing fees to be adopted by the board of supervisors and the San Francisco County Transportation Authority, and to adopt on-street and off-street parking fees, fines, and penalties, and other parking-related revenues and a transit pass fee structure for Treasure Island. The act specifies the powers and duties of the agency on these and other related matters, including the adoption and administration of a transportation program, the collection and use of revenues generated from those fees, and coordination with the San Francisco Municipal Transportation Agency.

This bill would rename the Treasure Island Transportation Management Agency as the Treasure Island Mobility Management Agency and would authorize the board of supervisors to revise or revoke this designation of the transportation management agency and designate a new board or agency to act as the transportation management agency at any time. The bill would provide that the transportation management agency is an independent and autonomous public agency governed by the board of the transportation authority, as designated by the board of supervisors on April 1, 2014, or by any future revised governance as designated by the board of supervisors, and is a separate and distinct legal entity responsible for its own obligations, debts, and liabilities and not for the obligations, debts, or liabilities of any other agency or entity.

The bill would authorize the transportation management agency to do all acts under its own name that are necessary or convenient for the exercise of its designated powers and the financing of projects, as specified, and would require the agency to adopt an annual budget.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1967.2 of the Streets and Highways Code
is amended to read:

1967.2.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “Authority” means the Treasure Island Development
Authority, a nonprofit public benefit corporation established by
the board of supervisors that is vested with both redevelopment
authority and the power and duty to administer the public trust for
commerce, navigation, and fisheries with respect to Treasure Island.

(b) “Board of supervisors” means the Board of Supervisors of
the City and County of San Francisco.

(c) “City” means the City and County of San Francisco.

(d) “Congestion pricing fees” means fees that motorists pay to
drive in a designated congestion pricing zone that are designed to
relieve traffic congestion and promote alternative forms of
transportation, and are set and adjusted to reflect traffic patterns,
congestion levels, time of day, and other conditions that impact
the roadway system.

(e) “Transportation authority” means the San Francisco County
Transportation Authority.

(f) “Transportation management agency” means the Treasure
Island Mobility Management Agency, formerly the Treasure Island
Transportation Management Agency, designated by the board of
supervisors pursuant to begin delete Sections 1967.3 and 1967.5 end delete begin insert Section 1967.3 end insert .

(g) “Transportation program” means a comprehensive
transportation program for Treasure Island designed to achieve
the goals set forth in Section 1967.1.

(h) “Treasure Island” means Treasure Island and Yerba Buena
Island.

SEC. 2.  

Section 1967.3 of the Streets and Highways Code is
amended to read:

1967.3.  

The authority is formulating a transportation program
in connection with the authority’s redevelopment activities on
Treasure Island. The board of supervisors directed that the
transportation program ensure adequate and reliable funding for
transit service for Treasure Island, including bus transit service
provided by the city’s municipal transportation agency, or its
successor agency. In formulating the transportation program, the
authority shall make recommendations for the governance structure
of the transportation management agency. Based on the authority’s
recommendations, the board of supervisors may designate a board
or agency that shall act as the transportation management agency.
The board of supervisors may revise or revoke this designation of
the transportation management agency and designate a new board
or agency to act as the transportation management agency at any
time. The board of supervisors may also designate itself as the
transportation management agency. Notwithstanding Chapter 898
of the Statutes of 1997, any subsequent amendments to that chapter,
but subject to Section 1967.5, the transportation management
agency shall have the exclusive power to do any or all of the
following pursuant to the terms of a resolution or ordinance adopted
by the board of supervisors:

(a) Adopt and administer the transportation program and
implementing rules and regulations.

(b) Recommend to the board of supervisors and the
transportation authority an initial fee structure for the imposition
of congestion pricing fees applicable to residents and other
motorists as they enter or exit Treasure Island in the amount
deemed necessary and proper by the transportation management
agency to implement the transportation program.

(c) Adopt amendments to the congestion pricing fee structure
initially adopted by the board of supervisors and the transportation
authority pursuant to subdivision (a) of Section 1967.5, as the
transportation management agency deems necessary and
appropriate from time to time to implement the transportation
program, based upon a finding that the amendments to the fee have
a relationship or benefit to the motor vehicle drivers who are paying
the fee.

(d) Administer and collect congestion pricing fees on Treasure
Island.

(e) Adopt on-street and off-street parking regulations for
Treasure Island, including regulations limiting parking, stopping,
standing, or loading and establishing parking privileges and
locations, parking meter zones, and other forms of parking
regulation similar to those adopted for other areas of San Francisco.

(f) Adopt on-street and off-street parking fees, fines, and
penalties for Treasure Island and administer and collect all on-street
and off-street parking fees, fines, penalties, and other
parking-related revenues on Treasure Island.

(g) Adopt a transit pass fee structure applicable to residents and
other users of Treasure Island and administer and collect all
Treasure Island transit pass fees.

(h) Fix the rates and charges for services provided or functions
performed by the transportation management agency and
administer and collect those rates and charges.

(i) Apply for, accept, and administer state, federal, local agency,
or other public or private grant funds for transportation purposes.

(j) Administer and collect all other revenues generated by the
transportation program.

(k) Undertake studies, performance evaluations, and other
mechanisms as it deems necessary and proper to adopt and amend
the transportation program with the purpose of relieving
transportation-related impacts.

(l) Expend its revenues for any purpose related to the
transportation program, including costs of implementation,
operation, collection and enforcement, maintenance, construction,
and administration under the transportation program.

(m) Enter into contracts, cooperative agreements, and direct
funding agreements with private parties and governmental agencies,
including city departments, to the extent deemed necessary and
proper by the transportation management agency to implement the
transportation program, including for any of the following:

(1) The construction and maintenance of transportation facilities
serving Treasure Island that are directly related to the transportation
program, including design, preconstruction, and other related costs.

(2) Transit capital improvements and operations for services
that directly serve Treasure Island.

(3) Notwithstanding Section 40717.9 of the Health and Safety
Code, implementation of transportation impact mitigation measures
as adopted from time to time to improve or encourage the use of
transit and other nonmotor vehicle means of access to Treasure
Island.

(n) Adopt rules and regulations governing high-occupancy
vehicles pursuant to subdivision (d) of Section 1967.5.

(o) Take all other steps as the transportation management agency
deems necessary and proper to implement the transportation
program.

SEC. 3.  

Section 1967.35 is added to the Streets and Highways
Code, to read:

1967.35.  

(a) The transportation management agency is an
independent and autonomous public agency governed by the board
of the transportation authority, as designated by the board of
supervisors on April 1, 2014, or by any future revised governance
as designated by the board of supervisors pursuant to Section
1967.3. The transportation management agency is a separate and
distinct legal entity responsible for its own obligations, debts, and
liabilities and not for the obligations, debts, or liabilities of any
other agency or entity.

(b) The transportation management agency is authorized under
its own name to do all acts necessary or convenient for the exercise
of its designated powers and the financing of projects, including,
but not limited to, all of the following:

(1) To employ agents or employees.

(2) To acquire, construct, manage, maintain, lease, or operate
any public facility or improvements.

(3) To sue and be sued in its own name.

(4) To invest any money not required for the immediate
necessities of the transportation management agency, as it
determines is advisable.

(c) The transportation management agency shall adopt an annual
budget. Its board members shall be compensated as determined
by the transportation management agency and shall be reimbursed
for necessary and reasonable expenses incurred in connection with
performing transportation management agency duties. The
transportation management agency shall pay all costs required by
this section.

(d) The transportation authority may make direct contributions
or contributions on a reimbursement-for-cost basis to the
transportation management agency in furtherance of the exercise
of its powers as designated under Section begin delete 1967.4 end delete begin insert 1967.3 end insert .

SEC. 4.  

Section 2 of Chapter 317 of the Statutes of 2008 is
amended to read:

Sec. 2.  

(a) The Legislature finds and declares that the adoption
and implementation of the transportation program under this act,
including the use of the congestion pricing, parking, and transit
pass fees in accordance with this act, will provide substantial
benefit to (1) the public trust for commerce, navigation, and
fisheries by promoting access to Treasure Island by a wide range
of local, regional, and statewide visitors, and (2) the people of
California and the state highway and regional transportation system
by reducing the amount of project-related traffic and vehicle miles
traveled on the San Francisco-Oakland Bay Bridge and related
system of state and local roadways, reducing congestion and
greenhouse gas emissions, improving regional air quality, and
increasing ridership on regional multimodal public transit, and is
therefore a matter of statewide concern.

(b) (1) Subject to the requirements of this act, the transportation
management agency shall be the sole entity or jurisdiction
authorized to impose any transportation-related revenue measures
on Treasure Island, as specified in Section 1967.3 of the Streets
and Highways Code. No ordinance, charter provision, or other
provision of local law purporting to impose any similar revenue
measure, whether now existing or enacted in the future, shall apply
to Treasure Island or the transportation program, and the city and
its departments, boards, and commissions are prohibited from
exercising in the city’s own right any powers that have been
granted to the transportation management agency or the board of
supervisors under this act.

(2) The transportation management agency, in implementing
the transportation program, shall coordinate with the San Francisco
Municipal Transportation Agency (SFMTA) in decisions regarding
transit service, parking enforcement, traffic signaling, and all other
operational responsibilities for which SFMTA is mutually
determined to have operational responsibilities and, consistent
with direction from the board of supervisors under Resolution No.
699-06, the transportation management agency shall work with
SFMTA to identify adequate and reliable funding as necessary for
SFMTA to carry out these responsibilities. This provision is not
intended to interfere with the jurisdiction of SFMTA or any
successor agency over the real, personal, and financial assets of
SFMTA, the authority of SFMTA over contracting, leasing, and
purchasing, or the authority of SFMTA to set fares for the San
Francisco Municipal Railway.

SEC. 5.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to ensure that the development of the sustainable urban
neighborhood for Treasure Island will progress in a timely manner,
it is necessary that this act take effect immediately.