BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1061|
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                                 THIRD READING


          Bill No:  SB 1061
          Author:   Hancock (D)
          Amended:  5/25/10
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-2, 3/23/10
          AYES:  Lowenthal, DeSaulnier, Kehoe, Oropeza, Pavley,  
            Simitian
          NOES:  Huff, Ashburn
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  7-3, 5/27/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Denham, Walters, Wyland
          NO VOTE RECORDED:  Cox


           SUBJECT  :    Capital projects related to the San  
          Francisco-Oakland Bay 
                      Bridge

           SOURCE  :     East Bay Bicycle Coalition


           DIGEST  :    This bill authorizes the Bay Area Toll Authority  
          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 multi-county regional transportation  
                                                           CONTINUED





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          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 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: 
          
          1. 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, provided that the project is included in the  
             adopted regional transportation plan.

          2. Specifies the bicycle-pedestrian-maintenance pathway may  
             include the capacity for maintenance vehicles if it does  
             not lower the bridge's height above the shipping  
             channel. 

          3. Requires, prior to approving the project and authorizing  
             construction that BATA make a finding that the  
             bicycle-pedestrian-maintenance pathway does not  
             fundamentally after the profile of the bridge.







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          4. Prohibits the BATA from increasing tolls to fund this  
             project.

          5. Authorizes MTC to sponsor such a project at its  
             discretion.

          6. Requires the project sponsor seeking to construct this  
             project to seek funding from all other nonstate sources,  
             including federal matching funds, and report to BATA  
             concerning any funds it obtains.

           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 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. 

           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  







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          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. The PSR is expected to be completed  
          next year. 

           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:  (1) $9.435 billion for the  
          Toll Bridge Seismic Retrofit Program Budget, including $750  
          million for retrofitting the Antioch and Dumbarton bridges;  
          (2) $2.4 billion for the RM1 program; (3) $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  







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          arise.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund

           Bridge project                                    cost  
          pressures of $168,000 $518,338 to                   
          Special*/
                              to construct bicycle-pedestrian-  
          Federal
                              maintenance pathway on west span of 
                              the SFOBB

          * Bay Area Toll Account (bridge toll revenues)

           SUPPORT  :   (Verified  5/27/10)

          Bay Area Bicycle Coalition (source)
          Association of Bay Area Governments
          Bay Area Bicycle Coalition
          Bay Localize
          Bay Localized
          Bike for a Better City
          Breathe California
          California Association of Bicycling Organizations
          California Bicycle Coalition
          Citizens for East Shore Parks
          Ecocity Builders
          Friends of BRT
          Friends of Bus Rapid Transit
          Friends of the Earth
          Marin County Bicycle Coalition
          Rails-to-Trails Conservancy
          Sacramento Area Bicycle Advocates
          San Francisco Bicycle Coalition
          Sierra Club California 
          TransForm









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          JJA:do  5/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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