BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1061 (Hancock)
          
          Hearing Date:  04/26/2010           Amended: 04/08/2010
          Consultant: Mark McKenzie       Policy Vote: T&H 6-2
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  SB 1061 would allow a project to construct a  
          bicycle-pedestrian-maintenance pathway on the west span of the  
          San Francisco-Oakland Bay Bridge (SFOBB) to be funded by toll  
          bridge revenues.  The bill would prohibit bridge tolls to be  
          increased to fund this project, but would require project  
          sponsors to seek funding from all other potential sources,  
          including the State Highway Account and federal funds.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
           Bridge project         cost pressures of $168,000 to $518,338 to  
                                 Special*
                                 construct bicycle-pedestrian-maintenance
                                 pathway on west span of the SFOBB
          ____________
          * Bay Area Toll Account (bridge toll revenues), State Highway  
          Account
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          
          Metropolitan Transportation Commission (MTC) is the  
          transportation planning, coordinating, and financing agency for  
          the nine-county San Francisco Bay Area.  MTC is responsible for  
          regularly updating the regional transportation plan (RTP) and  
          nominating projects for inclusion in the State Transportation  
          Improvement Program (STIP), the state's mechanism for  
          programming state and federal funds for transportation projects.  
           The Bay Area Toll Authority (BATA) is an independent legal  
          entity governed by the same board as MTC.  BATA manages and  
          invests revenues from all seven bay area toll bridges to fund  
          the day-to-day operations, facilities maintenance,  
          administration, and long-term capital improvement and  










          rehabilitation of the bridges, including the administration of  
          the Toll Bridge Seismic Retrofit Program.  The long-term capital  
          projects on the bridges are funded by Regional Measure (RM) 1  
          and RM 2, approved by voters in the seven counties served by the  
          toll bridges.  Each of these regional measures increased the  
          toll by one dollar to fund the construction of two new bridges  
          and other transportation projects in the toll bridge corridors.   
          BATA also has the authority to administratively increase tolls  
          for the purposes of completing seismic retrofit improvements, to  
          meet bonding obligations, and for other uses.  The base toll for  
          the bridges is currently four dollars and is scheduled to  
          increase to five dollars on July 1, 2010.

          MTC's most recent update of the RTP includes a "Regional Bicycle  
          Plan for the San Francisco Bay Area," which represents part of  
          MTC's effort to promote bicycling and bicycle safety in the Bay  
          Area.  Although this plan indicates that $710 million will be  
          dedicated to the construction of a Regional Bikeway Network in  
          MTC's jurisdiction through 2035, the plan does not include  
          funding for pathways on three toll bridges that 
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          SB 1061 (Hancock)

          currently prohibit bicycle travel.  MTC estimates that the cost  
          to construct a bikeway on the 1.9-mile western span of the SFOBB  
          would be $518,338,000, representing .2 percent of the unbuilt  
          mileage of the Regional Bikeway Network and 37 percent of the  
          total network cost.  Feasibility studies commissioned by the  
          Department of Transportation (Caltrans) in 2001 concluded that  
          two lightweight options for constructing a bicycle and  
          pedestrian facility on the west span were possible at project  
          costs ranging from $168 million to $350 million.  BATA has  
          commissioned 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 SFOBB.  The PSR is the  
          first project development step that can result in a project's  
          inclusion in the STIP.  

          Under current law, BATA does not have explicit authority to  
          dedicate toll bridge revenue or raise bridge tolls to pay for a  
          project to construct a bicycle and pedestrian path on the west  
          span of the bridge.  Existing law does not prevent MTC from  
          sponsoring such a project, including it in the RTP, or  
          nominating it for funding in the STIP.

          SB 1061 would authorize the expenditure of toll bridge revenues  










          to fund the construction of a bicycle-pedestrian-maintenance  
          pathway linking the new pathway being constructed on the east  
          span of the SFOBB and San Francisco, provided the project is  
          included in the adopted RTP.  The pathway could not lower the  
          bridge's height above the shipping channel or fundamentally  
          alter the profile of the bridge.  The bill authorizes MTC to  
          sponsor the project and prohibits BATA from raising tolls to  
          fund construction.  SB 1061 also requires the project sponsor  
          and Caltrans to seek funding from all other potential sources,  
          including the State Highway Account and federal matching funds.

          Staff notes that authorizing toll revenues to be used to fund  
          the project, and requiring the project sponsor to seek state  
          funds for the project, creates special fund costs pressures of  
          up to $518,338,000 to the Bay Area Toll Account and State  
          Highway Account.  Toll revenues would otherwise be used to  
          retire debt and for other authorized uses.  The addition of this  
          project to the allowable uses of toll revenues would require  
          BATA to extend the timeframe for charging existing levels of  
          tolling beyond the period currently required to retire debt  
          associated with existing obligations.  The addition of this  
          project while prohibiting toll increases to pay for the pathway  
          could also affect BATA's credit rating and increase the cost of  
          borrowing for current and proposed obligations.

          The bond maturity date for the most recent issuance of BATA  
          bonds is 2049, but bonds sold in the future to finance  
          additional projects under RM 2 and the Toll Bridge Seismic  
          Retrofit Program will have maturity dates beyond this timeframe.