BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 40             Hearing Date:     6/23/2015
           ----------------------------------------------------------------- 
          |Author:   |Ting                                                  |
          |----------+------------------------------------------------------|
          |Version:  |4/15/2015                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  Toll bridges:  pedestrians and bicycles


            DIGEST:  This bill prohibits the tolling of pedestrians and  
          bicycles on toll bridges in California that allow pedestrian and  
          bicycle access.

          ANALYSIS:
          
          Existing law:
          
          1)Created the California Transportation Commission (CTC) and  
            assigned it all responsibility previously assigned to the  
            California Toll Bridge Authority, including directing and  
            authorizing the Department of Transportation (Caltrans) to  
            build toll bridges.

          2)Created the Bay Area Toll Authority (BATA) to administer the  
            base $1 auto toll for the San Francisco Bay Area's seven  
            state-owned toll bridges.  BATA operates under the  
            Metropolitan Transportation Commission.  In 2005 BATA's  
            responsibilities were expanded to include administration of  
            all toll revenues and joint oversight of the toll bridge  
            construction program along with Caltrans and the CTC.

          3)Requires Caltrans and CTC to consider the inclusion of bicycle  
            and pedestrian facilities on each new toll bridge designed and  
            constructed, including appropriate connections thereto.  These  
            facilities are required to be included on each new bridge if  
            the commission finds that they are economically and physically  







          AB 40 (Ting)                                        Page 2 of ?
          
          
            feasible. 

          4)Established the Golden Gate Bridge, Highway, and  
            Transportation District (GGBHTD), which, among other  
            functions, owns and operates the Golden Gate Bridge and sets  
            tolls.


          This bill:

          1)Prohibits a toll from being imposed on the passage of a  
            pedestrian or bicycle, provided the travel of pedestrians and  
            bicycles is otherwise authorized, over:

             a)   Any bridge that is under the jurisdiction of the GGBHTD.

             b)   Any state-owned bridge on which tolls are imposed on the  
               passage of motor vehicles.

             c)   Any bridge that is part of the state highway system on  
               which tolls are imposed on the passage of motor vehicles,  
               including any bridge constructed pursuant to a franchise.

          COMMENTS:

          1)Purpose of the bill.  According to the author, cyclists and  
            pedestrians put minimal wear and tear on bridges compared to  
            vehicles, so imposing a fee for their use of bridges would  
            disproportionately penalize these non-vehicular modes of  
            transportation.  The author contends sidewalk access fees  
            would also discourage usage of public trails that are the  
            pride of the Bay Area.  The author believes this bill would  
            promote non-vehicular forms of transportation across bridges  
            that improve air quality, combat climate change, and encourage  
            physical activity.

          2)Toll bridges in California.  California has eight toll  
            bridges, all located in the San Francisco Bay Area.  Seven of  
            those bridges - The Antioch Bridge, the Benicia/Martinez  
            Bridge, the Carquinez Bridge, the Dumbarton Bridge, the  
            Richmond-San Rafael Bridge, the San Francisco-Oakland Bay  
            Bridge, and the San Mateo Hayward Bridge - are owned by the  
            state.  The eighth bridge is owned and operated by GGBHTD.  Of  
            these bridges, five currently have pedestrian and bicycle  
            access: the Golden Gate, the Antioch, the Benicia-Martinez,  








          AB 40 (Ting)                                        Page 3 of ?
          
          
            the Carquinez, and the Dumbarton bridges.  There is currently  
            no toll for pedestrians or bicyclists on any of the  
            state-owned toll bridges.

          3)GGBHTD.  When the Golden Gate Bridge first opened in 1937,  
            pedestrians had to pay five cents to cross.  The sidewalk toll  
            eventually rose to 10 cents before being abolished in 1970.   
            The district's board recently approved a study to determine  
            whether a pedestrian/bicyclist toll would be feasible and  
            helpful in light of the district's budget woes.  According to  
            the district, about 6,000 cyclists and 10,000 pedestrians  
            cross the bridge on a good weather day.  Sidewalk access fees  
            are just one consideration in a 45-point plan to help GGBHTD  
            remain solvent, as they face $209 million in unfunded capital  
            needs, in addition to a $32.9 million operating deficit over  
            the next five years.

          4)To toll or not to toll?  Is that even the question?  Although  
            the author contends cyclists cause minimal wear and tear, the  
            costs for bicycle and pedestrian projects and their  
            maintenance are not negligible.  According to the Assembly  
            Appropriations Committee, prohibiting tolling of pedestrians  
            and bicyclists could have a potentially significant effect in  
            terms of foregone revenue, perhaps in the millions of dollars.  
             Supporters of the bill claim that AB 40 will preserve an  
            incentive for residents and visitors alike to pursue  
            emission-free methods of active transportation that are  
            beneficial for our environment and for our health.  Perhaps  
            the larger question is whether the state should be responsible  
            for determining tolling restrictions/allowances or whether it  
            should be left to local jurisdictions.

          Related Legislation:
          
          AB 157 (Levine) - if the commission and the department develop a  
          project to open the third lane on the Richmond-San Rafael Bridge  
          to automobile traffic on the eastbound level and to bicycle  
          traffic on the westbound level, would require the lead agency to  
          complete the design work for the project simultaneously with the  
          environmental review conducted pursuant to the California  
          Environmental Quality Act.  This bill is currently pending in  
          this committee.

          AB 748 (Wolk, Statutes of 2005) - prohibited a toll from being  
          imposed on the passage of a pedestrian or bicycle over toll  








          AB 40 (Ting)                                        Page 4 of ?
          
          
          bridges that are a part of the state highway system, under the  
          jurisdiction of Caltrans, or under the jurisdiction of the  
          GGBHTD.  AB 748 was vetoed by Governor Schwarzenegger.  

          Assembly Votes:

            Floor:    64-13
            Appr:     13-4
            Trans:    13-2
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 17, 2015.)
          
            

          SUPPORT:  

          California Bicycle Coalition
          California Travel Association
          Mayor of San Francisco
          San Francisco Bay Trail Project
          San Francisco Bicycle Coalition
          San Francisco Travel Association
          Save Our Recreation
          Walk San Francisco

          OPPOSITION:

          None received
          
          
                                      -- END --