BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 112
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Beall
                                                         VERSION: 3/25/09
          Analysis by: Art Bauer                         FISCAL:  Yes
          Hearing date: June 9, 2009







          SUBJECT:

          Santa Clara Valley Transportation Authority

          DESCRIPTION:

          This bill authorizes the Santa Clara Valley Transportation  
          Authority (VTA) to fund the repair and maintenance of state  
          highways.

          ANALYSIS:

          VTA is both the transit agency and the congestion management  
          agency (CMA) in Santa Clara County. Its transit responsibilities  
          involve planning, developing, and operating public transit in  
          Santa Clara County. When discharging its responsibilities as a  
          CMA, it collaborates with cities, the county, and Department of  
          Transportation (Caltrans) to plan improvement to the roadway  
          network serving the county, but state law precludes it from  
          allocating funds for the construction and maintenance of street  
          and road projects.

          Existing law authorizes VTA to acquire, construct, own, operate,  
          control, or use any facilities necessary or convenient for  
          transit service, the operation of motor vehicles, and  
          pedestrians. 
          VTA is also authorized to allocate revenues from its local  
          transportation sales tax program, the federal Congestion  
          Mitigation and Air Quality Program (CMAQ), and the federal  
          Surface Transportation Program (STP) for the construction and  
          maintenance of transit projects. 

           This bill  : 





          AB 112 (BEALL)                                           Page 2

                                                                       


             1.   Authorizes VTA, when acting as a CMA, to allocate  
               revenues from various sources, including local  
               transportation sales taxes, CMAQ, and STP for repair and  
               maintenance of all its transportation facilities, including  
               transit, streets, roads, and pedestrian facilities. 

             2.   Authorizes VTA to fund the maintenance and repair of  
               state highways within its jurisdiction with the concurrence  
               of Caltrans, but prohibits VTA from performing the work. 
              
          


          COMMENTS:

              1.   Background  . In Santa Clara County, the cities and the  
               county have significant funding shortfalls with regard to  
               local street and road maintenance projects, and have been  
               in discussions about how to address the shortfalls with  
               VTA. It is unclear under existing law that VTA may allocate  
               money to them. This bill clarifies existing law, on that  
               point.

               Also, the Metropolitan Transportation Commission (MTC)  
               allocates a portion of the federal CMAQ and STP revenues to  
               VTA. Under existing law VTA can only allocate this money  
               for transit and community compatibility projects, such as  
               lighting and landscaping at transit stations. The bill's  
               clarification to VTA's enabling statute will allow VTA to  
               allocate these funds to eligible road projects. 

              2.   Victim of Governor's veto massacre  . This bill is  
               identical to AB 152 (Beall) of 2008, which Governor  
               Schwarzenegger vetoed stating that the "historic delay in  
               passing the 2008-2009 State Budget has forced me to  
               prioritize the bills sent to my desk at the end of the  
               year's legislative session.  Given the delay, I am only  
               signing bills that are the highest priority for California.  
                This bill does not meet that standard and I cannot sign it  
               at this time." 
          
          Assembly Votes:
               Floor:    74-0
               Appr: 16-0
               Trans:    14-0





          AB 112 (BEALL)                                           Page 3

                                                                       


          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     June 3, 2009)

               SUPPORT:  Santa Clara Valley Transportation Authority  
          (sponsor)
                         County of Santa Clara Board of Supervisors
                         American Federation of State, County, and  
                         Municipal Employees (AFSCME)
          
               OPPOSED:  None received.