Amended in Assembly April 5, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2762


Introduced by Assembly Member Baker

February 19, 2016


begin deleteAn act to amend Section 30814 of the Streets and Highways Code, relating to transportation. end deletebegin insertAn act to add Chapter 8 (commencing with Section 132651) to Division 12.7 of the Public Utilities Code, relating to transportation.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2762, as amended, Baker. begin deleteToll bridges: pedestrians and bicycles. end deletebegin insertTransportation: Altamont Pass Regional Rail Authority.end insert

begin insert

Existing law provides for the creation of statewide and local transportation agencies, which may be established as joint powers authorities or established expressly by statute. Existing law establishes the Bay Area Rapid Transit District, which is authorized to acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rapid transit service.

end insert
begin insert

This bill would establish the Altamont Pass Regional Rail Authority for purposes of planning and delivering a cost effective and responsive interregional rail connection between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express in the Tri-Valley, within the City of Livermore, that meets the goals and objectives of the community. The bill would require the authority’s governing board to be composed of 12 representatives and would authorize the authority to appoint an executive who may appoint staff or retain consultants. The bill would provide specified authorizations and duties to the authority.

end insert
begin insert

This bill would require all unencumbered moneys dedicated for the completion of the connection to be transferred to the authority. The bill would require the Bay Area Rapid Transit District to assume ownership of all physical improvements, and to assume operational control, maintenance responsibilities, and related financial obligations for the connection, upon its completion. The bill would require the Department of Transportation to expedite reviews and requests related to the connection. The bill would require the authority to provide a project update report to the public, to be posted on the authority’s Internet Web site, on the development and implementation of the connection.

end insert
begin insert

By imposing new duties on local governmental entities, this bill would create a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

Existing law, until January 1, 2021, prohibits a toll from being imposed on the passage of a pedestrian or bicycle over any bridge that is part of the state highway system, as specified.

end delete
begin delete

This bill would extend that prohibition until January 1, 2022.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3
(a) Commute patterns throughout northern California, and in
4particular through the Altamont Pass corridor, traverse the
5boundaries of traditional metropolitan planning agencies. The
6Altamont Pass corridor, located in the center of northern
7California’s megaregion, is the gateway to the Tri--Valley--a
P3    1vital node in the bay area’s economic ecosystem and a key bay
2area transportation route. Strategic and planned interregional
3mobility is essential to sustained economic vitality.

end insert
begin insert

4
(b) Connecting the Bay Area Rapid Transit District’s rapid
5transit system and the Altamont Corridor Express in Livermore,
6as recommended by the Metropolitan Transportation Commission’s
7regional rail plan, would increase interregional mobility, providing
8much-needed highway capacity for expanded goods movement to
9the bay area’s five seaports. It would also relieve pressure on
10Interstate 580 and other transportation systems, given the
11exponential population growth in the central valley.

end insert
begin insert

12
(c) The Bay Area Rapid Transit District has stated its priority
13is to operate and maintain its existing core commuter rail system;
14expansion is not a priority for the Bay Area Rapid Transit District.
15Recent rail expansions in other parts of the state have been
16successfully implemented by single purpose agencies such as the
17Metro Gold Line Foothill Extension Construction Authority and
18the Santa Clara Valley Transportation Authority.

end insert
begin insert

19
(d) The Altamont Pass Regional Rail Authority is needed to
20connect the Bay Area Rapid Transit District’s rapid transit system
21and the Altamont Corridor Express in Tri-Valley and would be
22responsive to local needs and issues by including local stakeholders
23in land use and transit planning decisions.

end insert
begin insert

24
(e) Consistent with the Bay Area Regional Rail Plan adopted
25by the Metropolitan Transportation Commission (Resolution 3826),
26the heavy rail connection between the Bay Area Rapid Transit
27District’s rapid transit system and the Altamont Corridor Express
28is a matter of state interest, and all planning, analysis, alternatives,
29and mitigations for projects undertaken by the Altamont Pass
30Regional Rail Authority should be consistent with that state
31interest.

end insert
32begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

It is the intent of the Legislature to establish the
33Altamont Pass Regional Rail Authority to plan and deliver a cost
34effective and responsive rail extension that connects the Bay Area
35Rapid Transit District’s rapid transit system and the Altamont
36Corridor Express in the Tri-Valley, within the City of Livermore,
37to address regional economic and transportation challenges.

end insert
38begin insert

begin insertSEC. 3.end insert  

end insert

begin insertChapter 8 (commencing with Section 132651) is added
39to Division 12.7 of the end insert
begin insertPublic Utilities Codeend insertbegin insert, to read:end insert

begin insert

P4    1 

2Chapter  begin insert8.end insert Altamont Pass Regional Rail Authority
3

 

4

begin insert132651.end insert  

As used in this chapter, the following terms have the
5following meanings:

6
(a) “Authority” means the Altamont Pass Regional Rail
7Authority created under this chapter.

8
(b) “Bay Area Rapid Transit” means the Bay Area Rapid Transit
9District’s rapid transit system.

10
(c) “Board” means the governing board of the authority.

11
(d) “Connection” means an interregional rail connection
12between Bay Area Rapid Transit and the Altamont Corridor
13Express in the Tri-Valley, within the City of Livermore.

14
(e) “Phase 1 Project” means the first phase of the connection,
15which will extend Bay Area Rapid Transit along Interstate 580 to
16a new station in the vicinity of the Isabel Avenue interchange in
17the City of Livermore.

18

begin insert132652.end insert  

The authority is hereby established for purposes of
19planning and delivering a cost-effective and responsive connection
20that meets the goals and objectives of the community.

21

begin insert132653.end insert  

By December 1, 2017, the board shall publish a
22detailed management, finance, and implementation plan relating
23to the connection.

24

begin insert132655.end insert  

The governing board of the authority shall be
25composed of one representative from each of the following entities
26to be appointed by the governing board, mayor, or supervisor of
27each entity:

28
(a) The Altamont Corridor Express.

29
(b) The Bay Area Rapid Transit District.

30
(c) The City of Dublin.

31
(d) The City of Livermore.

32
(e) The City of Pleasanton.

33
(f) The City of Tracy.

34
(g) The County of Alameda.

35
(h) The County of San Joaquin.

36
(i) The East Bay Leadership Council.

37
(j) Innovation Tri-Valley.

38
(k) The Livermore Amador Valley Transit Authority.

39
(l) San Joaquin Partnership.

P5    1

begin insert132660.end insert  

(a) The board may appoint an executive director to
2serve at the pleasure of the board.

3
(b) The executive director is exempt from all civil service laws
4and shall be paid a salary established by the board.

5
(c) The executive director may appoint staff or retain consultants
6as necessary to carry out the duties of the authority.

7
(d) All contracts approved and awarded by the executive
8director shall be awarded in accordance with state and federal
9laws relating to procurement. Awards shall be based on price or
10competitive negotiation, or on both of those things.

11

begin insert132665.end insert  

The Livermore Amador Valley Transit Authority shall
12enter into a memorandum of understanding with the San Joaquin
13Regional Rail Commission to comanage the rail-specific elements
14necessary to support the authority. For an initial one-year period,
15the Livermore Amador Valley Transit Authority’s administrative
16staff shall, if that authority has appointed a member to the board
17in accordance with Section 132655, provide all necessary
18administrative support to the board to perform its duties and
19responsibilities and may perform for the board any and all
20activities that they are authorized to perform for the Livermore
21Amador Valley Transit Authority. At the conclusion of the initial
22period, the board may, through procedures that it determines,
23select the Livermore Amador Valley Transit Authority, San Joaquin
24 Regional Rail Commission, or another existing public rail transit
25agency for one three-year term immediately following the initial
26period, and thereafter for five-year terms, to provide all necessary
27administrative support staff to the board to perform its duties and
28responsibilities.

29

begin insert132670.end insert  

The Bay Area Rapid Transit District shall identify and
30expeditiously enter into an agreement with the authority to hold
31in trust for the authority all real and personal property and any
32other assets accumulated in the planning, environmental review,
33design, right-of-way acquisition, permitting, and construction of
34the connection, including, but not limited to, rights-of-way,
35documents, interim work products, studies, third-party agreements,
36contracts, and design documents, as necessary for completion of
37the connection.

38

begin insert132675.end insert  

All unencumbered moneys dedicated for the completion
39of the Phase 1 Project or the connection shall be transferred to
40the authority for the completion of the connection.

P6    1

begin insert132680.end insert  

The authority shall not be responsible for any core
2system upgrades that preexist its establishment. This includes both
3existing core system deficiencies necessary to support planned
4service frequency upgrades and any core system upgrades needed
5to support prior system expansions, including, but not limited to,
6the Silicon Valley rapid transit corridor.

7

begin insert132685.end insert  

Upon the completion of the connection or any phase
8of the connection, the Bay Area Rapid Transit District shall assume
9ownership of all physical improvements constructed for that phase
10or the connection, and shall assume operational control,
11maintenance responsibilities, and related financial obligations of
12the phase or connection.

13

begin insert132690.end insert  

(a) The authority has all of the powers necessary for
14planning, acquiring, leasing, developing, jointly developing,
15owning, controlling, using, jointly using, disposing of, designing,
16procuring, and building the Phase 1 Project and connection,
17including, but not limited to, all of the following:

18
(1) Acceptance of grants, fees, allocations, and transfers of
19moneys from federal, state, and local agencies, including, but not
20limited to, moneys from local measures, as well as private entities.

21
(2) Acquiring, through purchase or through eminent domain
22proceedings, any property necessary for, incidental to, or
23convenient for, the exercise of the powers of the authority.

24
(3) Incurring indebtedness, secured by pledges of revenue
25available for the Phase 1 Project or connection completion.

26
(4) Contracting with public and private entities for the planning,
27design, and construction of the connection. These contracts may
28be assigned separately or may be combined to include any or all
29tasks necessary for completion of the Phase 1 Project or
30connection.

31
(5) Entering into cooperative or joint development agreements
32with local governments or private entities. These agreements may
33be entered into for purposes of sharing costs, selling or leasing
34land, air, or development rights, providing for the transferring of
35passengers, making pooling arrangements, or for any other
36purpose that is necessary for, incidental to, or convenient for the
37full exercise of the powers granted to the authority. For purposes
38of this paragraph, “joint development” includes, but is not limited
39to, an agreement with any person, firm, corporation, association,
40or organization for the operation of facilities or development of
P7    1projects adjacent to, or physically or functionally related to, the
2Phase 1 Project or connection.

3
(6) Relocation of utilities, as necessary for completion of the
4connection.

5
(7) Conducting all necessary environmental reviews, including,
6but not limited to, completing environmental impact reports.

7
(b) The duties of the authority include, but are not limited to,
8both of the following:

9
(1) Conducting the financial studies and the planning and
10engineering necessary for completion of the Phase 1 Project and
11connection. Although this duty rests solely on the authority, the
12authority may exercise any of the powers described in subdivision
13(a) to fulfill this duty.

14
(2) Adoption of an administrative code, not later than December
151, 2017, for administration of the authority in accordance with
16any applicable laws, including, but not limited to, the Ralph M.
17Brown Act (Chapter 9 (commencing with Section 54950) of Part
181 of Division 2 of Title 5 of the Government Code), the provisions
19of this chapter, laws generally applicable to local agency
20procurement and contracts, laws relating to contracting goals for
21minority and women business participation, and the Political
22Reform Act of 1974 (Title 9 (commencing with Section 81000) of
23the Government Code).

24

begin insert132694.end insert  

The authority shall enter into a memorandum of
25understanding with the Bay Area Rapid Transit District that shall
26address the ability of the Bay Area Rapid Transit District to review
27any significant changes in the scope of the design or construction,
28or both design and construction, of the Phase 1 Project and
29connection.

30

begin insert132695.end insert  

The Department of Transportation shall expedite
31reviews and requests related to the Phase 1 Project or connection
32and shall provide responses within 60 days.

33

begin insert132697.end insert  

On or before December 1, 2017, and annually
34thereafter, the authority shall provide a project update report to
35the public, to be posted on the authority’s Internet Web site, on
36the development and implementation of the Phase 1 Project and
37connection. The report, at a minimum, shall include a project
38summary, as well as details by phase, with all information
39necessary to clearly describe the status of the phase, including,
40but not limited to, all of the following:

P8    1
(a) A summary describing the overall progress of the phase.

2
(b) The baseline budget for all phase costs, by segment or
3contract.

4
(c) The current and projected budget, by segment or contract,
5for all phase costs.

6
(d) Expenditures to date, by segment or contract, for all phase
7costs.

8
(e) A summary of milestones achieved during the prior year and
9milestones expected to be reached in the coming year.

10
(f) Any issues identified during the prior year and actions taken
11to address those issues.

12
(g) A thorough discussion of risks to the project and steps taken
13to mitigate those risks.

14

begin insert132699.end insert  

The authority shall be dissolved upon both the
15completion of the connection and the assumption by Bay Area
16Rapid Transit District of operational control of the connection as
17provided in Section 132685.

end insert
18begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.

end insert
begin delete
23

SECTION 1.  

Section 30814 of the Streets and Highways Code
24 is amended to read:

25

30814.  

(a) No toll shall be imposed on the passage of a
26pedestrian or bicycle over any bridge that is part of the state
27highway system, on which the travel of pedestrians and bicycles
28is otherwise authorized, and on which tolls are imposed on the
29passage of motor vehicles, including any bridge constructed
30pursuant to a franchise granted under this article.

31(b) This section shall remain in effect only until January 1, 2022,
32and as of that date is repealed, unless a later enacted statute, that
33is enacted before January 1, 2022, deletes or extends that date.

end delete


O

    97