BILL ANALYSIS
SB 716
Page 1
SENATE THIRD READING
SB 716 (Wolk)
As Amended August 31, 2009
Majority vote
SENATE VOTE : 24-14
TRANSPORTATION 8-5
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|Ayes:|Eng, Blumenfield, Buchanan, | | |
| |Furutani, Bonnie Lowenthal, | | |
| |John A. Perez, Solorio, | | |
| |Torlakson | | |
| | | | |
|-----+----------------------------+--+--------------------------|
|Nays:|Jeffries, Conway, Garrick, | | |
| |Miller, Niello | | |
| | | | |
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SUMMARY : Updates reference to the federal decennial census that
is to be used to determine if a county is rural or urban for
purposes of administering claims from its local transportation
fund (LTF); requires a regional transportation planning agency
(RTPA), as part of it unmet transit needs determination process,
to consider funding farm worker vanpool programs, under certain
circumstances. Specifically, this bill :
1)Generally requires each county with a population of less than
500,000 as of the 1970 federal census but more than 500,000 as
of the 2000 (or subsequent) federal census to use its LTF
funds for transit. (For purposes of administering LTF funds,
transit includes public transportation systems, specialized
transportation services, or pedestrian or bicycle facilities.)
Exempts Ventura County from these provisions.
2)Provides that, for counties that would be impacted by this
change, the requirement to use LTF funds for transit will not
become operative until July 1, 2014.
3)Also provides for these counties, that the requirement to use
LTF funds for transit applies to urbanized areas of a county.
LTF funds can be used in non-urbanized areas of a county for
local streets and roads, provided that there are no unmet
transit needs in the area; provides for the apportionment of
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LTF between urban and rural areas within these counties.
4)Requires that, for cities of 100,000 or less within counties
that become classified as urban under this bill, LTF funds are
not required to be used for public transit or community
transit service purposes. This provision will also become
effective July 1, 2014.
5)Provides that the Ventura County Transportation Commission
(VCTC) may submit to the legislative policy committees a
report analyzing options for organizing public mass
transportation services in Ventura County and expending LTF
revenues. VCTC may also submit a legislative proposal to
implement a plan based on recommendations of the report.
6)Provides that, if VCTC does not secure legislation to
implement their proposed plan by the end of the 2011-12
legislative session, its LTF revenues would be available
solely for public transportation or community transit
services, even in the county's rural areas, beginning July 1,
2014.
7)Makes the acquisition or lease of vans and related equipment
for a farm worker vanpool program an eligible expense of LTF
funds for rural counties or for rural areas within a county
that would change from rural to urban as a result of this
bill, provided that the vanpool program adheres to applicable
federal definitions for vanpools and requirements for
inclusion of private enterprise participation in metropolitan
planning and transportation improvement programs.
8)Modifies the unmet transit needs determination process by:
a) Requiring an analysis of the need to acquire or lease
vans for farm worker vanpools; this analysis will only be
required if the RTPA receives a request from an interested
party identifying a potential need;
b) Prohibiting any allocations of LTF funds to local
streets and roads until consideration is given to funding
the acquisition or lease of vans for farm worker vanpools;
c) Providing that allocations for farm worker vanpools
cannot be made until all reasonable transit needs are met;
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d) Prohibiting an RTPA from reducing funding to existing
transit services in order to fund farm worker vanpools;
and,
e) Prohibiting an RTPA from funding farm worker vanpools at
the expense of other commuter vanpool programs.
EXISTING LAW :
9)Earmarks 0.25% of the state sales tax for transit and created
an LTF in each county to receive the money.
10)Vests RTPAs with the responsibility to allocate LTF funds.
11)Authorizes the use of LTF funds for a wide variety of
transportation programs, including planning and program
activities, pedestrian and bicycle facilities, community
transit services, public transportation, and bus and rail
projects.
12)Limits the use of LTF funds in counties with a population
greater than 500,000 (according to the 1970 federal census)
for the support of public transportation, community transit
services (including such services for those, such as the
disabled, who cannot use conventional transit services), or
bicycle and pedestrian facilities; funds not allocated by a
county in any year are available to that county in subsequent
years.
13)Authorizes rural counties (those with a population under
500,000 according to the 1970 federal census) also to use
their LTF for local streets and roads, under certain
conditions.
14)Provides that, before funds can be used for local streets and
roads, the RTPA in a rural county must hold public hearings
and make a finding that all reasonable unmet transit needs
have been met.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, the purpose of this bill is
to remedy the overwhelming lack of safe transit options
available to agricultural workers. The author contends,
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"Agricultural workers continue to face dangerous conditions on
their way to work everyday because of the limited transit
options that are currently available to them."
The model farm worker vanpool program is Agricultural Industries
Transportation Services (AITS), sponsored by the Kings County
Area Public Transit Agency. AITS vanpool drivers must have a
Class C license, pass a required physical, and provide a
Department of Motor Vehicle printout showing proof of a clean
driving record. Vans are equipped for safety--each one is
outfitted with a global positioning system and each one carries
first aid kits, fire extinguishers and roadside safety items. A
one-time start-up grant provided money to set-up the AITS
program and purchase the 15-passenger vans. The money to
sustain and expand the program comes from the riders themselves.
Workers pay a modest fee to ride an AITS vanpool and the
payments cover the cost of maintaining and insuring the vans, as
well as the cost of replacing them when they wear out. The
drivers are typically workers themselves and receive no pay.
Hoping to build on the success of AITS, the Legislature passed,
and the Governor signed, legislation (SB 1135, Committee on
Budget and Fiscal Review, Chapter 516, Statutes of 2006)
establishing a similar Agricultural Worker Transportation
Program (AWTP) to be administered by Caltrans. The Legislature
funded the program with an appropriation of $20 million from the
Public Transit Account: Recipients of the funds had to encumber
these funds by June 30, 2009, and expend them by January 1,
2011, when the AWTP sunsets. The California Department of
Transportation reports that it has awarded $600,000 in planning
grants and $19.4 million in service implementation grants within
the AWTP.
Other counties have also followed suit, using a variety of
funding sources to fund farm worker vanpool programs. For
example, Fresno County uses funds from Measure C, its half-cent
sales tax dedicated to transportation purposes, to subsidize
farm work vanpool programs that originate in Fresno County.
According to the 1970 federal census, nine counties in
California had populations over 500,000: Alameda, Contra Costa,
Los Angeles, Sacramento, San Bernardino, San Diego, San
Francisco, San Mateo, and Santa Clara. These counties must use
their LTF funds for transit purposes. As a result of the 2000
federal census, six additional counties will now be deemed urban
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for purposes of administering LTF funds: Fresno, Kern, Orange,
Riverside, San Joaquin, and Ventura.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0002655