BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 1061
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  hancock
                                                         VERSION:  
          2/16/2010
          Analysis by: Art Bauer                         FISCAL:  Yes
          Hearing date: March 23, 2010








          SUBJECT:

          Capital projects related to the San Francisco-Oakland Bay Bridge  
          (SFOBB)

          DESCRIPTION:

          This bill authorizes the Bay Area Toll Authority (BATA) to spend  
          future revenues from bridge tolls to construct a  
          bicycle-pedestrian-maintenance pathway on the western portion of  
          the San Francisco Bay Bridge between Yerba Buena Island and San  
          Francisco.

          ANALYSIS:

          The Metropolitan Transportation Commission (MTC) is designated a  
          multicounty regional transportation planning agency (RTPA) under  
          state law and a metropolitan planning organization (MPO) under  
          federal law. MTC is the transportation planning, coordinating,  
          and financing agency for the nine-county San Francisco Bay Area.  
          The counties that comprise MTC include Alameda, Contra Costa,  
          Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and  
          Sonoma.  MTC is governed by a 19-member policy board. 

          The Bay Area Toll Authority (BATA) is an independent legal  
          entity governed by the board of MTC. BATA sets the tolls,  
          manages and invests the toll revenues from the seven state-owned  
          toll bridges: Antioch, Benicia-Martinez, Carquinez, Dumbarton,  
          Richmond-San Rafael, San Francisco-Oakland, and San  
          Mateo-Hayward. Among its responsibilities, BATA funds the  
          day-to-day operations, maintenance, and administration of the  
          bridges. In addition, BATA uses toll revenues to pay debt  




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          service on bonds issued to pay the cost of the seismic retrofit  
          program and the voter-approved Regional Measures (RM) 1 and 2,  
          both long-term transportation capital improvement programs for  
          transportation facilities in the travel corridors serving the  
          bridges.

          The base toll for the bridges is four dollars and is scheduled  
          to increase to five dollars on July 1, 2010.

          This bill: 
          
                 Authorizes expenditure of toll bridge revenues for the  
               construction of a combined bicycle-pedestrian-maintenance  
               pathway on the western span of the SFOBB, linking Yerba  
               Buena Island to San Francisco. 

                 Authorizes MTC to sponsor such a project at its  
               discretion.

                 Authorizes an agency seeking to construct this project  
               to seek funding from all potential sources, including the  
               State Highway Account and federal matching funds.
          
          COMMENTS: 

              1.   Purpose  . The purpose of this bill is to authorize BATA  
               to use toll revenues, as well as other sources of funding,  
               to extend the bicycle and pedestrian facility being  
               constructed on the new east span of the Bay Bridge across  
               the western span to San Francisco. Unlike the facility on  
               the eastern span, the bicycle and pedestrian facility on  
               the western span would be configured to accommodate  
               maintenance vehicles. 

              2.   Background  . After the 1989 Loma Prieta earthquake, the  
               Department of Transportation (Caltrans) engineers, in  
               collaboration with university and private sector structural  
               engineers, determined that the eastern cantilevered span of  
               the Bay Bridge was unsafe and had to be replaced. The  
               design of the replacement span incorporates a bicycle and  
               pedestrian path that is adjacent to but separated from the  
               traffic lanes by a double barrier. The path begins near  
               Emeryville where it intersects and existing bike path and  
               ends at Yerba Buena Island. The path is not designed for  
               use by maintenance vehicles, as shoulders are incorporated  
               in the design of the new span to accommodate maintenance  




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               and emergency vehicles. During the period when public  
               hearings were held on the new east span, several interest  
               groups argued for a continuation of the path on the west  
               span, but the BATA board decided to limit the path to the  
               east span. 

              3.   Bicycle path studies  . In 2001, Caltrans commissioned a  
               feasibility study to analyze the engineering issues  
               associated with constructing a bicycle and pedestrian  
               facility on the west span. The analysis identified two  
               important constraints. One constraint, imposed by the Coast  
               Guard, is that existing vertical clearance over the  
               shipping channel that the bridge crosses cannot be  
               decreased. This means that light weight construction  
               materials must be used to avoid any deflection or lowering  
               of the bridge. Second, because the bridge qualifies for  
               listing in the National Register of Historic Places, the  
               addition of the bike and pedestrian lane cannot change the  
               profile of the bridge. After considering sixteen  
               alternatives, the study concluded that two light weight  
               options were possible. The cost estimates vary between $168  
               million and $350 million. 

               Because it has been nearly ten years since the feasibility  
               study, BATA has commission the preparation of a project  
               study report (PSR) to develop new alternatives for  
               constructing a bicycle and pedestrian path on the west span  
               of the Bay Bridge. The PSR is the first project development  
               engineering step that can result in a proposed project  
               being included in the State Transportation Improvement  
               Program (STIP). The PSR is expected to be completed next  
               year. 

              4.   Limited availability of toll revenues to fund the  
               project  .  According to BATA, toll revenues from the seven  
               state bridges are committed to debt service for seismic  
               safety bonds, the RM 1 and RM 2 bonds, and the necessary  
               obligations associated with bridge maintenance and  
               operations. The actual project amount committed to each  
               program category is as follows:

                           $9.435 billion for the Toll Bridge Seismic  
                    Retrofit Program Budget, including $750 million for  
                    retrofitting the Antioch and Dumbarton bridges.

                           $2.4 billion for the RM1 program.  




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                           $1.5 billion for the RM 2 program. 

               Currently, the last bond maturity for BATA bonds is 2049.  
               However, since BATA has not completed financing for the  
               seismic retrofit projects or for RM2 projects, that date  
               will be pushed out as BATA issues more bonds. Bonds are  
               issued without reference to a specific program.  The actual  
               amount to any given program category is a programming  
               exercise that MTC manages. The debt service-the bonds  
               principle and interest-can easily be twice the cost of the  
               funded projects.

               The Dumbarton Bridge and the Antioch Bridge were added to  
               the seismic safety retrofit program last year AB 1175  
               (Torlakson), Chapter 515, Statutes of 2009.  

               This project could conceivably be funded if toll revenues  
               were to exceed forecasted amounts, federal funds are made  
               available for the project, local sources of funds become  
               available, or a combination of funds from different sources  
               arise.

              1.   Recommended amendments  . 

                           On page 2, line 8 after "Authority" insert  
                    "provided the project is included in the adopted  
                    regional transportation plan." 

                           On page 2, line 8, after the period insert the  
                    following sentence: "The bicycle, pedestrian pathway  
                    may include the capacity for maintenance vehicles if  
                    it does not lower the bridge's height above the  
                    shipping channel or does not alter the profile of the  
                    bridge in an unacceptable manner." 

                    This language ensures that a bicycle and pedestrian  
                    pathway can be constructed, if it is found that the  
                    maintenance capacity would prohibit its construction.

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     March 17, 2010)

               SUPPORT:  Bay Area Bicycle Coalition
                         Bay Localized




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                         Bike for a Better City
                         Breathe California
                         California Bicycle Coalition
                         Ecocity Builders
                         Friends of BRT
          
               OPPOSED:  None received.