BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO:  AB 141
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:   ammiano
                                                         VERSION:  7/2/14
          Analysis by:  Carrie Cornwell                  FISCAL:   NO
          Hearing date:  August 5, 2014                  URGENCY:  YES



          SUBJECT:

          Treasure Island Transportation Management Act

          DESCRIPTION:

          This bill separates legally the Treasure Island Mobility  
          Management Agency from the San Francisco County Transportation  
          Authority for the purposes of implementing the Treasure Island  
          transportation program.

          ANALYSIS:

          Treasure Island is located in San Francisco Bay, midway between  
          San Francisco and Oakland, and is within the city and county of  
          San Francisco.  It was built between 1937 and 1939 as an  
          addition to the existing, natural Yerba Buena Island and as the  
          site of the 1939 and 1940 Golden Gate International Exposition.   
          In 1941, the Navy began leasing Treasure Island.  

          In 1993, the federal Base Realignment and Closure Commission  
          listed Treasure Island for shutdown.  The naval base on the  
          island officially closed on September 30, 1997.

          In April 1997, the Board of Supervisors of the city and county  
          of San Francisco created the Treasure Island Development  
          Authority (TIDA) to develop and implement a reuse plan for  
          Treasure Island.  AB 699 (Migden), Chapter 898, Statutes of  
          1997, permitted the San Francisco Board of Supervisors to  
          designate TIDA as a redevelopment agency and invest it with the  
          powers in California's Community Redevelopment Law.  AB 699  
          removed Treasure Island from the jurisdiction of the San  
          Francisco Redevelopment Agency and the San Francisco Port  
          Commission and turned those powers over to a single-purpose  
          entity (TIDA).

          AB 981 (Leno), Chapter 317, Statutes of 2008, provides for a  
          transportation program for Treasure Island and Yerba Buena  




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          Island (together called Treasure Island in state law), including  
          authorizing tolls to vary with traffic conditions and to be paid  
          by drivers of motor vehicles entering and exiting Treasure  
          Island from the San Francisco-Oakland Bay Bridge.  

          AB 981 authorizes the San Francisco Board of Supervisors, based  
          on TIDA's recommendation, to designate a board or agency,  
          including possibly itself, to adopt and implement a  
          comprehensive transportation program for Treasure Island that  
          will encourage public transit and bicycle, pedestrian, and  
          waterborne modes of transportation and minimize the impact of  
          Treasure Island development on traffic on and around the Bay  
          Bridge.  

          On April 1, 2014, the San Francisco Board of Supervisors  
          designated the San Francisco County Transportation Authority  
          (SFCTA) as the transportation management agency for Treasure  
          Island.  The SFCTA is the long-range transportation planning for  
          the city and county, and it analyzes, designs, and funds  
          improvements for San Francisco's roadways and public  
          transportation networks.  Its 11-member board consists of the 11  
          members of the San Francisco County Board of Supervisors.

          AB 981 grants the transportation management agency extensive  
          powers to implement the transportation program for Treasure  
          Island, including the power to:

           Administer and collect the congestion pricing fees
           Regulate on- and off-street parking, including adopting and  
            collecting parking fees, fines, and penalties
           Adopt and collect transit pass fees from residents and other  
            users of Treasure Island
           Undertake studies, evaluations, and other mechanisms to adopt  
            and amend the transportation program and to recommend fees  
            with the purpose of relieving transportation-related impacts
           Use fee revenues for operation, maintenance, construction,  
            collection and enforcement, and administration of the  
            transportation program
           Enter into contracts and agreements with governmental agencies  
            and private parties as necessary and proper to implement its  
            transportation program, including construction and maintenance  
            of transportation facilities, transit operations, and traffic  
            impact mitigation measures

           This bill  :





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          1.Allows the San Francisco Board of Supervisors to revise or  
            revoke its designation of an entity to serve as the  
            transportation management agency at any time.

          2.Renames the transportation management agency for Treasure  
            Island as the "Treasure Island Mobility Management Agency"  
            (TIMMA).

          3.Provides that the transportation management agency is an  
            independent and autonomous public agency governed by the board  
            of the SFCTA, as designated by the board of supervisors on  
            April 1, 2014, or by a body the board of supervisors  
            designates in the future. 

          4.Affirms that the transportation management agency is a  
            separate and distinct legal entity that is responsible for its  
            own obligations, debts, and liabilities.  

          5.Authorizes the transportation management agency under its own  
            name to do all acts necessary or convenient to exercise its  
            designated powers and financing of projects, including to:

                 Employ agents or employees
                 Acquire, construct, manage, maintain, lease, or operate  
               any public facility or improvements
                 Sue and be sued
                 Invest any money not required for the immediate  
               necessity of the agency

          1.Requires the transportation management agency to adopt an  
            annual budget and to compensate its board members, including  
            reimbursing them for costs they incur while performing their  
            duties.

          2.Authorizes the SFCTA to make direct contributions or  
            contributions on a reimbursement-for-costs basis to the  
            transportation management agency for costs the agency incurs  
            in implementing the transportation program for Treasure  
            Island.

          3.Is an urgency measure.

          COMMENTS:

           1.Purpose  .  The San Francisco Board of Supervisors endorsed a  
            development plan for Treasure Island in December 2006, after  




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            an exhaustive planning process involving the Treasure Island  
            Citizen's Advisory Board, TIDA, and other public forums. The  
            plan calls for 8,000 homes, 500 hotel rooms, and 550,000  
            square feet of office and retail uses.  One of the major  
            constraints to the development plan, however, is limited  
            access to Treasure Island, because a single auto route, the  
            San Francisco-Oakland Bay Bridge, connects it to the rest of  
            San Francisco.  To address this constraint, AB 981 (Leno) of  
            2008 established a scheme to provide a comprehensive  
            transportation program for Treasure Island, including roadway  
            and transit capital improvements and operating subsidies, that  
            could be put in place and managed over time.  

            On April 1 of this year, the San Francisco Board of  
            Supervisors designated the SFCTA to manage the transportation  
            program on Treasure Island.  Proponents of this bill  
            anticipate that the Treasure Island transportation management  
            agency will initiate major financial commitments for long-term  
            contracts beginning early next year.  They are endorsing this  
            legislation in order to shield the local transportation sales  
            tax and other revenues from any liabilities of TIMMA.  This  
            bill establishes what they describe as a highly desirable  
            firewall to provide the necessary protection for the SFCTA and  
            its revenue.

           2.Precedent  .  Other examples exist where state law establishes  
            legally distinct entities that have the same board of  
            directors to manage separate transportation programs.  For  
            example, in 2003, SB 916 (Perata), Chapter 715, made the Bay  
            Area Toll Authority legally distinct from the Metropolitan  
            Transportation Commission, despite having the same board, for  
            purposes of managing the Bay Area toll bridges. 

           3.New bill  .  The Transportation and Housing Committee heard this  
            bill last year when it had a different author and related to a  
            different subject.  Last month, this bill was gutted and  
            amended to include the current language.  As a result, this is  
            the first hearing for the current content of the bill.

           4.Technical amendments  . 

                On page 3, lines 20-21, delete "Sections 1967.3 and  
               1967.5" and insert "Section 1967.3"
                On page 6, line 28, delete "1967.4" and insert "1967.3"






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          Assembly Votes are not relevant
          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             July 30,  
          2014.)

               SUPPORT:  San Francisco County Transportation Authority  
          (sponsor)
                         Hon. Edwin Lee, Mayor of San Francisco
                         Treasure Island Development Authority

               OPPOSED:  None received.