BILL NUMBER: SB 826 CHAPTERED 07/28/99 CHAPTER 204 FILED WITH SECRETARY OF STATE JULY 28, 1999 APPROVED BY GOVERNOR JULY 27, 1999 PASSED THE SENATE JULY 15, 1999 PASSED THE ASSEMBLY JULY 12, 1999 AMENDED IN ASSEMBLY JUNE 24, 1999 AMENDED IN SENATE APRIL 27, 1999 AMENDED IN SENATE APRIL 5, 1999 INTRODUCED BY Senator Sher FEBRUARY 25, 1999 An act to amend Section 44241 of the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S DIGEST SB 826, Sher. Air pollution: bay district: motor vehicle fee revenues. (1) Existing law requires specified motor vehicle fee revenues generated in the Bay Area Air Quality Management District to be subvened to the bay district and used for specified purposes, including, until January 1, 2000, the implementation of bicycle facility improvement projects. This bill would delete the January 1, 2000, date for using those revenues for bicycle facility improvement projects, thereby requiring the continued use of those funds for that purpose beyond that date. The bill also would include, within the purposes for which those revenues are required to be expended, the implementation of low-emission and zero-emission vehicle programs, demonstration projects in telecommuting, and the design and construction of physical improvements that support specified development projects, thereby creating a state-mandated local program by imposing new duties on the bay district. (2) 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 44241 of the Health and Safety Code is amended to read: 44241. (a) Fee revenues generated under this chapter in the bay district shall be subvened to the bay district by the Department of Motor Vehicles after deducting its administrative costs pursuant to Section 44229. (b) Fee revenues generated under this chapter shall be allocated by the bay district to implement the following mobile source and transportation control projects and programs that are included in the plan adopted pursuant to Sections 40233, 40717, and 40919: (1) The implementation of ridesharing programs. (2) The purchase or lease of clean fuel buses for school districts and transit operators. (3) The provision of local feeder bus or shuttle service to rail and ferry stations and to airports. (4) Implementation and maintenance of local arterial traffic management, including, but not limited to, signal timing, transit signal preemption, bus stop relocation and "smart streets." (5) Implementation of rail-bus integration and regional transit information systems. (6) Implementation of low-emission and zero-emission vehicle programs and of demonstration projects in telecommuting and in congestion pricing of highways, bridges, and public transit. No funds expended pursuant to this paragraph for telecommuting projects shall be used for the purchase of personal computing equipment for an individual's home use. (7) Implementation of a smoking vehicles program. (8) Implementation of an automobile buy-back scrappage program operated by a governmental agency. (9) Implementation of bicycle facility improvement projects that are included in an adopted countywide bicycle plan or congestion management program. (10) The design and construction by local public agencies of physical improvements that support development projects that achieve motor vehicle emission reductions. The projects and the physical improvements shall be identified in an approved area-specific plan, redevelopment plan, general plan, or other similar plan. (c) Fee revenue generated under this chapter shall be allocated by the bay district for projects and programs specified in subdivision (b) to cities, counties, the Metropolitan Transportation Commission, transit districts, or any other public agency responsible for implementing one or more of the specified projects or programs. Fee revenues shall not be used for any planning activities that are not directly related to the implementation of a specific project or program. (d) Not less than 40 percent of fee revenues shall be allocated to the entity or entities designated pursuant to subdivision (e) for projects and programs in each county within the bay district based upon the county's proportionate share of fee-paid vehicle registration. (e) In each county, one or more entities may be designated as the overall program manager for the county by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The resolution shall specify the terms and conditions for the expenditure of funds. The entities so designated shall be allocated the funds pursuant to subdivision (d) in accordance with the terms and conditions of the resolution. (f) Any county, or entity designated pursuant to subdivision (e), that receives funds pursuant to this section, at least once a year, shall hold one or more public meetings for the purpose of adopting criteria for expenditure of the funds and to review the expenditure of revenues received pursuant to this section by any designated entity. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.