AB 1041: Bay Area Toll Authority and oversight committee: conflict of interest.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-01
Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as the MTC and makes the BATA responsible for the programming, administration, and allocation of toll revenues from the state-owned toll bridges in the San Francisco Bay area.
Existing law provides for a proposed toll increase on the state-owned toll bridges to be submitted to voters of the 9 bay area counties, to be known as Regional Measure 3. Existing law requires the BATA to, among other things, establish an independent oversight committee within 6 months of the effective date of the Regional Measure 3 toll increase with a specified membership, to ensure the toll revenues generated by the toll increase are expended consistent with a specified expenditure plan and requires the BATA to submit an annual report to the Legislature on the status of the projects and programs funded by the toll increase.
This bill would prohibit a representative appointed to the oversight committee from being a member, former member, staff, or former staff of the commission or the authority, a current employee of any organization or person that has received or is receiving funding from the commission or the authority, or a former employee or person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as the MTC and makes the BATA responsible for the programming, administration, and allocation of toll revenues from the state-owned toll bridges in the San Francisco Bay area.
Existing law provides for a proposed toll increase on the state-owned toll bridges to be submitted to voters of the 9 bay area counties, to be known as Regional Measure 3. Existing law requires the BATA to, among other things, establish an independent oversight committee within 6 months of the effective date of the Regional Measure 3 toll increase with a specified membership, to ensure the toll revenues generated by the toll increase are expended consistent with a specified expenditure plan and requires the BATA to submit an annual report to the Legislature on the status of the projects and programs funded by the toll increase.
This bill would prohibit a representative appointed to the oversight committee from being a member, former member, staff, or former staff of the commission or the authority, a current employee of any organization or person that has received or is receiving funding from the commission or the authority, or a former employee or person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as the MTC and makes the BATA responsible for the programming, administration, and allocation of toll revenues from the state-owned toll bridges in the San Francisco Bay area.
Existing law provides for a proposed toll increase on the state-owned toll bridges to be submitted to voters of the 9 bay area counties, to be known as Regional Measure 3. Existing law requires the BATA to, among other things, establish an independent oversight committee within 6 months of the effective date of the Regional Measure 3 toll increase with a specified membership, to ensure the toll revenues generated by the toll increase are expended consistent with a specified expenditure plan and requires the BATA to submit an annual report to the Legislature on the status of the projects and programs funded by the toll increase.
This bill would prohibit a representative appointed to the oversight committee from being a member, former member, staff, or former staff of the commission or the authority, a current employee of any organization or person that has received or is receiving funding from the commission or the authority, or a former employee or person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
The Road Repair and Accountability Act of 2017, as proposed to be enacted by SB 1 of the 201718 Regular Session, imposes a transportation improvement fee on each vehicle, as specified. The act requires that the revenues from that fee be available for expenditure only on specified transportation purposes.This bill would amend a provision to be added by SB 1 to correct an erroneous cross-reference in these provisions.The Road Repair and Accountability Act of 2017, as proposed to be enacted by SB 1 of the 201718 Regular Session, imposes a transportation improvement fee on each vehicle, as specified. The act requires that the revenues from that fee be available for expenditure only on specified transportation purposes.
This bill would amend a provision to be added by SB 1 to correct an erroneous cross-reference in these provisions.
Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero, except as specified. Existing law requires that the plan provide an urban water shortage contingency analysis, including an estimate of the minimum water supply available during each of the following 3 water years based on the driest 3-year historic sequence for the agencys water supply.This bill would instead require an estimate of the minimum water supply available during each of the following 5 years to be based on the driest 5-year historic sequence for the agencys water supply.Existing law requires that the analysis include stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50% reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage.This bill would instead require stages of action to be undertaken by the urban water supplier in response to specified percentage reductions in water supply.Existing law, the Urban Water Management Planning Act, requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan and to update its plan once every 5 years on or before December 31 in years ending in 5 and zero, except as specified. Existing law requires that the plan provide an urban water shortage contingency analysis, including an estimate of the minimum water supply available during each of the following 3 water years based on the driest 3-year historic sequence for the agencys water supply.
This bill would instead require an estimate of the minimum water supply available during each of the following 5 years to be based on the driest 5-year historic sequence for the agencys water supply.
Existing law requires that the analysis include stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50% reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage.
This bill would instead require stages of action to be undertaken by the urban water supplier in response to specified percentage reductions in water supply.
(a)For purposes of the special election to be conducted pursuant to this section, the authority shall select an amount of the proposed increase in the toll rate, not to exceed three dollars ($3), for vehicles crossing the bridges described in Section 30910 to be placed on the ballot for approval by the voters.
(b)The toll rate for vehicles crossing the bridges described in Section 30910 shall not be increased by the rate selected by the authority pursuant to subdivision (a) prior to the availability of the results of a special election to be held in the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to determine whether the residents of those counties and of the City and County of San Francisco approve the toll increase.
(c)(1)Notwithstanding any provision of the Elections Code, the Board of Supervisors of the City and County of San Francisco and of each of the counties described in subdivision (b) shall call a special election to be conducted in the City and County of San Francisco and in each of the counties that shall be consolidated with a statewide primary or general election, which shall be selected by the authority.
(2)The authority shall determine the ballot question, which shall include the amount of the proposed toll increase selected pursuant to subdivision (a) and a summary of the Regional Measure 3 expenditure plan. The ballot question shall be submitted to the voters as Regional Measure 3 and stated separately in the ballot from state and local measures.
(d)The ballot pamphlet for the special election shall include a summary of the Regional Measure 3 expenditure plan regarding the eligible projects and programs to be funded pursuant to Section 30914.7. The Metropolitan Transportation Commission shall prepare a summary of the Regional Measure 3 expenditure plan.
(e)The county clerks shall report the results of the special election to the authority. If a majority of all voters voting on the question at the special election vote affirmatively, the authority may phase in the increased toll schedule consistent with subdivision (c) of Section 30916.
(f)If a majority of all the voters voting on the question at the special election do not approve the toll increase, the authority may by resolution resubmit the measure to the voters at a subsequent statewide primary or general election. If a majority of all of the voters vote affirmatively on the measure, the authority may adopt the toll increase and establish its effective date and establish the completion dates for all reports and studies required by Sections 30914.7 and 30950.3.
(g)(1)Each county and city and county shall share translation services for the ballot pamphlet and shall provide the authority a certified invoice that details the incremental cost of including the measure on the ballot, as well as the total costs associated with the election.
(2)The authority shall reimburse each county and city and county participating in the election for the incremental cost of submitting the measure to the voters. These costs shall be reimbursed from revenues derived from the tolls if the measure is approved by the voters, or, if the measure is not approved, from any bridge toll revenues administered by the authority.
(h)(1)If the voters approve a toll increase pursuant to this section, the authority shall establish an independent oversight committee within six months of the effective date of the toll increase to ensure that any toll revenues generated pursuant to this section are expended consistent with the applicable requirements set forth in Section 30914.7.
(2)The oversight committee shall include two representatives from each county within the jurisdiction of the commission. Each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and shall be limited to two terms. The oversight committee shall annually review the expenditure of funds by the authority for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings. The oversight committee may request any documents from the authority to assist the committee in performing its functions.
(3)A representative appointed to the oversight committee shall not be a member, former member, staff, or former staff of the commission or the authority, shall not be employed by any organization or person that has received or is receiving funding from the commission or the authority, and shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
(i)If voters approve a toll increase pursuant to this section, the authority shall annually prepare a report to the Legislature, in conformance with Section 9795 of the Government Code, on the status of the projects and programs funded pursuant to Section 30914.7.
(j)Except as provided in subdivision (c) of Section 30916 and Section 30918, the toll increase adopted by the authority pursuant to this section shall not be changed without statutory authorization by the Legislature.
(a)For purposes of the special election to be conducted pursuant to this section, the authority shall select an amount of the proposed increase in the toll rate, not to exceed three dollars ($3), for vehicles crossing the bridges described in Section 30910 to be placed on the ballot for approval by the voters.
(b)The toll rate for vehicles crossing the bridges described in Section 30910 shall not be increased by the rate selected by the authority pursuant to subdivision (a) prior to the availability of the results of a special election to be held in the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to determine whether the residents of those counties and of the City and County of San Francisco approve the toll increase.
(c)(1)Notwithstanding any provision of the Elections Code, the Board of Supervisors of the City and County of San Francisco and of each of the counties described in subdivision (b) shall call a special election to be conducted in the City and County of San Francisco and in each of the counties that shall be consolidated with a statewide primary or general election, which shall be selected by the authority.
(2)The authority shall determine the ballot question, which shall include the amount of the proposed toll increase selected pursuant to subdivision (a) and a summary of the Regional Measure 3 expenditure plan. The ballot question shall be submitted to the voters as Regional Measure 3 and stated separately in the ballot from state and local measures.
(d)The ballot pamphlet for the special election shall include a summary of the Regional Measure 3 expenditure plan regarding the eligible projects and programs to be funded pursuant to Section 30914.7. The Metropolitan Transportation Commission shall prepare a summary of the Regional Measure 3 expenditure plan.
(e)The county clerks shall report the results of the special election to the authority. If a majority of all voters voting on the question at the special election vote affirmatively, the authority may phase in the increased toll schedule consistent with subdivision (c) of Section 30916.
(f)If a majority of all the voters voting on the question at the special election do not approve the toll increase, the authority may by resolution resubmit the measure to the voters at a subsequent statewide primary or general election. If a majority of all of the voters vote affirmatively on the measure, the authority may adopt the toll increase and establish its effective date and establish the completion dates for all reports and studies required by Sections 30914.7 and 30950.3.
(g)(1)Each county and city and county shall share translation services for the ballot pamphlet and shall provide the authority a certified invoice that details the incremental cost of including the measure on the ballot, as well as the total costs associated with the election.
(2)The authority shall reimburse each county and city and county participating in the election for the incremental cost of submitting the measure to the voters. These costs shall be reimbursed from revenues derived from the tolls if the measure is approved by the voters, or, if the measure is not approved, from any bridge toll revenues administered by the authority.
(h)(1)If the voters approve a toll increase pursuant to this section, the authority shall establish an independent oversight committee within six months of the effective date of the toll increase to ensure that any toll revenues generated pursuant to this section are expended consistent with the applicable requirements set forth in Section 30914.7.
(2)The oversight committee shall include two representatives from each county within the jurisdiction of the commission. Each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and shall be limited to two terms. The oversight committee shall annually review the expenditure of funds by the authority for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings. The oversight committee may request any documents from the authority to assist the committee in performing its functions.
(3)A representative appointed to the oversight committee shall not be a member, former member, staff, or former staff of the commission or the authority, shall not be employed by any organization or person that has received or is receiving funding from the commission or the authority, and shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
(i)If voters approve a toll increase pursuant to this section, the authority shall annually prepare a report to the Legislature, in conformance with Section 9795 of the Government Code, on the status of the projects and programs funded pursuant to Section 30914.7.
(j)Except as provided in subdivision (c) of Section 30916 and Section 30918, the toll increase adopted by the authority pursuant to this section shall not be changed without statutory authorization by the Legislature.
(a)For purposes of the special election to be conducted pursuant to this section, the authority shall select an amount of the proposed increase in the toll rate, not to exceed three dollars ($3), for vehicles crossing the bridges described in Section 30910 to be placed on the ballot for approval by the voters.
(b)The toll rate for vehicles crossing the bridges described in Section 30910 shall not be increased by the rate selected by the authority pursuant to subdivision (a) prior to the availability of the results of a special election to be held in the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to determine whether the residents of those counties and of the City and County of San Francisco approve the toll increase.
(c)(1)Notwithstanding any provision of the Elections Code, the Board of Supervisors of the City and County of San Francisco and of each of the counties described in subdivision (b) shall call a special election to be conducted in the City and County of San Francisco and in each of the counties that shall be consolidated with a statewide primary or general election, which shall be selected by the authority.
(2)The authority shall determine the ballot question, which shall include the amount of the proposed toll increase selected pursuant to subdivision (a) and a summary of the Regional Measure 3 expenditure plan. The ballot question shall be submitted to the voters as Regional Measure 3 and stated separately in the ballot from state and local measures.
(d)The ballot pamphlet for the special election shall include a summary of the Regional Measure 3 expenditure plan regarding the eligible projects and programs to be funded pursuant to Section 30914.7. The Metropolitan Transportation Commission shall prepare a summary of the Regional Measure 3 expenditure plan.
(e)The county clerks shall report the results of the special election to the authority. If a majority of all voters voting on the question at the special election vote affirmatively, the authority may phase in the increased toll schedule consistent with subdivision (c) of Section 30916.
(f)If a majority of all the voters voting on the question at the special election do not approve the toll increase, the authority may by resolution resubmit the measure to the voters at a subsequent statewide primary or general election. If a majority of all of the voters vote affirmatively on the measure, the authority may adopt the toll increase and establish its effective date and establish the completion dates for all reports and studies required by Sections 30914.7 and 30950.3.
(g)(1)Each county and city and county shall share translation services for the ballot pamphlet and shall provide the authority a certified invoice that details the incremental cost of including the measure on the ballot, as well as the total costs associated with the election.
(2)The authority shall reimburse each county and city and county participating in the election for the incremental cost of submitting the measure to the voters. These costs shall be reimbursed from revenues derived from the tolls if the measure is approved by the voters, or, if the measure is not approved, from any bridge toll revenues administered by the authority.
(h)(1)If the voters approve a toll increase pursuant to this section, the authority shall establish an independent oversight committee within six months of the effective date of the toll increase to ensure that any toll revenues generated pursuant to this section are expended consistent with the applicable requirements set forth in Section 30914.7. The
(2)The oversight committee shall include two representatives from each county within the jurisdiction of the commission. Each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and shall be limited to two terms. The oversight committee shall annually review the expenditure of funds by the authority for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings. The oversight committee may request any documents from the authority to assist the committee in performing its functions.
(3)A representative appointed to the oversight committee shall not be a member, former member, staff, or former staff of the commission or the authority, shall not be employed by any organization or person that has received or is receiving funding from the commission or the authority, and shall not be a former employee or a person who has contracted with any organization or person that has received or is receiving funding from the commission or the authority within one year of having worked for or contracted with that organization or person.
(i)If voters approve a toll increase pursuant to this section, the authority shall annually prepare a report to the Legislature, in conformance with Section 9795 of the Government Code, on the status of the projects and programs funded pursuant to Section 30914.7.
(j)Except as provided in subdivision (c) of Section 30916 and Section 30918, the toll increase adopted by the authority pursuant to this section shall not be changed without statutory authorization by the Legislature.
SECTION 1.Section 11051 of the Revenue and Taxation Code, as added by Senate Bill 1 of the 201718 Regular Session, is amended to read:11051.(a)In addition to any other fee imposed on a vehicle by this code or the Vehicle Code, a transportation improvement fee is hereby imposed on each vehicle as defined in subdivision (c) of Section 11050 effective on January 1, 2018, or as soon after that date as the department is able to commence collection of the fee. The transportation improvement fee shall be in the amounts specified in Section 11052.(b)The department shall collect the fee at the same time and in the same manner as the department collects the vehicle registration fee pursuant to Section 9250 of the Vehicle Code.(c)The fee imposed pursuant to this chapter is imposed for the privilege of a resident of California to operate upon the public highways a vehicle or trailer coach, the registrant of which is subject to the fee under Chapter 2 (commencing with Section 10751).(d)The revenues from the transportation improvement fee imposed by this chapter shall be available for expenditure only on transportation purposes as provided in Section 11053.(a)In addition to any other fee imposed on a vehicle by this code or the Vehicle Code, a transportation improvement fee is hereby imposed on each vehicle as defined in subdivision (b) (c) of Section 11050 effective on January 1, 2018, or as soon after that date as the department is able to commence collection of the fee. The transportation improvement fee shall be in the amounts specified in Section 11052.
(b)The department shall collect the fee at the same time and in the same manner as the department collects the vehicle registration fee pursuant to Section 9250 of the Vehicle Code.
(c)The fee imposed pursuant to this chapter is imposed for the privilege of a resident of California to operate upon the public highways a vehicle or trailer coach, the registrant of which is subject to the fee under Chapter 2 (commencing with Section 10751).
(d)The revenues from the transportation improvement fee imposed by this chapter shall be available for expenditure only on transportation purposes as provided in Section 11053.
SECTION 1.Section 10632 of the Water Code is amended to read:10632.(a)The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier:(1)Stages of action to be undertaken by the urban water supplier in response to each of the following water supply shortages:(A)A 10-percent reduction in water supply.(B)A 20-percent reduction in water supply.(C)A 30-percent reduction in water supply.(D)A 40-percent reduction in water supply.(E)A 50-percent reduction in water supply.(F)A reduction in water supply greater than 50 percent.(2)An estimate of the minimum water supply available during each of the next five water years based on the driest five-year historic sequence for the agencys water supply.(3)Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not limited to, a regional power outage, an earthquake, or other disaster.(4)Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning.(5)Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply.(6)Penalties or charges for excessive use, where applicable.(7)An analysis of the impacts of each of the actions and conditions described in paragraphs (1) to (6), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments.(8)A draft water shortage contingency resolution or ordinance.(9)A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis.(b)Commencing with the urban water management plan update due July 1, 2016, for purposes of developing the water shortage contingency analysis pursuant to subdivision (a), the urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.(a)The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier:
(1)Stages of action to be undertaken by the urban water supplier in response to each of the following water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions that are applicable to each stage. shortages:
(A)A 10-percent reduction in water supply.
(B)A 20-percent reduction in water supply.
(C)A 30-percent reduction in water supply.
(D)A 40-percent reduction in water supply.
(E)A 50-percent reduction in water supply.
(F)A reduction in water supply greater than 50 percent.
(2)An estimate of the minimum water supply available during each of the next three five water years based on the driest three-year five-year historic sequence for the agencys water supply.
(3)Actions to be undertaken by the urban water supplier to prepare for, and implement during, a catastrophic interruption of water supplies including, but not limited to, a regional power outage, an earthquake, or other disaster.
(4)Additional, mandatory prohibitions against specific water use practices during water shortages, including, but not limited to, prohibiting the use of potable water for street cleaning.
(5)Consumption reduction methods in the most restrictive stages. Each urban water supplier may use any type of consumption reduction methods in its water shortage contingency analysis that would reduce water use, are appropriate for its area, and have the ability to achieve a water use reduction consistent with up to a 50 percent reduction in water supply.
(6)Penalties or charges for excessive use, where applicable.
(7)An analysis of the impacts of each of the actions and conditions described in paragraphs (1) to (6), inclusive, on the revenues and expenditures of the urban water supplier, and proposed measures to overcome those impacts, such as the development of reserves and rate adjustments.
(8)A draft water shortage contingency resolution or ordinance.
(9)A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis.
(b)Commencing with the urban water management plan update due July 1, 2016, for purposes of developing the water shortage contingency analysis pursuant to subdivision (a), the urban water supplier shall analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.
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Date
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Status
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|---|---|
| Jun 1, 2018 | Chaptered by Secretary of State - Chapter 16, Statutes of 2018. |
| Jun 1, 2018 | Approved by the Governor. |
| May 24, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| May 21, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| May 21, 2018 | Read third time. Passed. Ordered to the Assembly. |
| May 16, 2018 | Read second time. Ordered to Consent Calendar. |
| May 15, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (May 15). |
| Apr 19, 2018 | Referred to Com. on T. & H. |
| Jan 16, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 16, 2018 | Read third time. Passed. Ordered to the Senate. |
| Jan 10, 2018 | Read second time. Ordered to third reading. |
| Jan 9, 2018 | From committee: Do pass. (Ayes 11. Noes 0.) (January 8). |
| Jan 4, 2018 | Re-referred to Com. on TRANS. |
| Jan 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 24, 2017 | From committee: Be re-referred to Com. on TRANS. Re-referred. (Ayes 11. Noes 0.) (April 24). Re-referred to Com. on TRANS. |
| Apr 20, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 19, 2017 | Re-referred to Com. on W.,P., & W. |
| Apr 18, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Mar 6, 2017 | Referred to Com. on W.,P., & W. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| May 21, 2018 | Consent Calendar AB1041 | Senate Floor |
Passed |
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| May 15, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
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| Jan 16, 2018 | AB 1041 LEVINE Assembly Third Reading | Assembly Floor |
Passed |
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| Jan 8, 2018 | Do pass. | Assembly Standing Committee on Transportation |
Passed |
|
| Apr 24, 2017 | Be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Rules |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 1041
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 5/15/18
AYES: Beall, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Cannella, Skinner
ASSEMBLY FLOOR: 68-0, 1/16/18 - See last page for vote
DIGEST:
This bill places member eligibility restrictions on the Independent Oversight Committee established under the Bay Area Toll Authority’s (BATA) Regional Measure 3 (RM3), as specified.
Existing law:
- Establishes the Metropolitan Transportation Commission (MTC) as the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area.
- Creates BATA, within MTC, to administer toll revenues collected on the seven state-owned Bay Area toll bridges (except for revenues derived from the $1 seismic toll surcharge). BATA is governed by the same board as MTC.
- Authorizes BATA to increase toll rates to meet bond obligations; to provide funds for the planning, design, construction, operation, maintenance, repair, replacement, rehabilitation, and seismic retrofit of the state-owned toll bridges; and to provide funding to meet requirements of two existing regional measures (RM1 and RM2).
- Directs the San Francisco Bay Area counties to place on the ballot a third regional measure (RM3) that, if approved by a majority of the voters, would increase tolls on the seven state-owned toll bridges by up to $3.
- Directs BATA, upon approval of RM3, to establish an independent oversight committee to ensure RM3 toll revenues that are expended are consistent with the authority being granted; prescribes the membership of the oversight committee to include two representatives from each county within MTC's jurisdiction, appointed by the applicable county board of supervisors with each representative to serve a four-year term on the oversight committee.
This bill prohibits a representative appointed to the RM3 oversight committee from being a member, former member, staff, or former staff of BATA or MTC, a current employee of any organization or person that has received or is receiving funding from BATA or MTC, or a former employee or person who has contracted with any organization or person that has received or is receiving funding from BATA or MTC within one year of having worked for or contracted with that organization or person.
Comments
- Purpose. According to the author, “Assembly Bill 1041 will clarify who may serve as a representative on the oversight committee created by Regional Measure 3. Specifically, AB 1041 would ensure an oversight committee representative is not a member, former member, staff, or former staff of the Metropolitan Transportation Commission or the Bay Area Toll Authority. The bill would also prohibit candidates who worked for or contracted with MTC or BATA for one year after their employment with those organizations. This bill will protect the public from oversight committee representatives that have potentially challenging relationships that could influence their judgement.”
- RM 3. In 2017, the Legislature passed and Governor Brown signed SB 595 (Beall, Chapter 650, Statutes of 2017), which directs the nine Bay Area counties to place RM3 on the ballot for voters to consider whether or not to increase bridge tolls. If approved by Bay Area voters, RM3 is anticipated to generate approximately $4.2 billion to fund transportation infrastructure and transit projects in the Bay Area. SB 595 also included a number of oversight provisions including requiring BATA to establish an independent oversight committee responsible for ensuring the RM3 revenues are expended consistent with that list.
This bill simply provides additional clarification relative to the eligibility requirements for members that are nominated to the RM3 Independent Oversight Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 5/16/18)
None received
ASSEMBLY FLOOR: 68-0, 1/16/18
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Flora, Fong, Frazier, Friedman, Cristina Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Nazarian, Obernolte, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Bonta, Eggman, Gallagher, Eduardo Garcia, Gray, Mullin, Muratsuchi, O'Donnell
5/16/18 15:52:20
**** END ****
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: AB 1041 Hearing Date: 5/15/2018
Author: | Levine | ||
Version: | 1/3/2018 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Manny Leon | ||
SUBJECT: Bay Area Toll Authority and oversight committee: conflict of interest
DIGEST: This bill places member eligibility restrictions on the Independent Oversight Committee established under the Bay Area Toll Authority’s (BATA) Regional Measure 3 (RM3), as specified.
ANALYSIS:
Existing law:
- Establishes the Metropolitan Transportation Commission (MTC) as the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area.
- Creates BATA, within MTC, to administer toll revenues collected on the seven state-owned Bay Area toll bridges (except for revenues derived from the $1 seismic toll surcharge). BATA is governed by the same board as MTC.
- Authorizes BATA to increase toll rates to meet bond obligations; to provide funds for the planning, design, construction, operation, maintenance, repair, replacement, rehabilitation, and seismic retrofit of the state-owned toll bridges; and to provide funding to meet requirements of two existing regional measures (RM1 and RM2).
- Directs the San Francisco Bay Area counties to place on the ballot a third regional measure (RM3) that, if approved by a majority of the voters, would increase tolls on the seven state-owned toll bridges by up to $3.
- Upon approval of RM3, directs BATA to establish an independent oversight committee to ensure RM3 toll revenues that are expended are consistent with the authority being granted; prescribes the membership of the oversight committee to include two representatives from each county within MTC's jurisdiction, appointed by the applicable county board of supervisors with each representative to serve a four-year term on the oversight committee.
This bill:
- Prohibits a representative appointed to the RM3 oversight committee from being a member, former member, staff, or former staff of BATA or MTC, a current employee of any organization or person that has received or is receiving funding from BATA or MTC, or a former employee or person who has contracted with any organization or person that has received or is receiving funding from BATA or MTC within one year of having worked for or contracted with that organization or person.
COMMENTS
- Purpose. According to the author, “Assembly Bill 1041 will clarify who may serve as a representative on the oversight committee created by Regional Measure 3. Specifically, AB 1041 would ensure an oversight committee representative is not a member, former member, staff, or former staff of the Metropolitan Transportation Commission or the Bay Area Toll Authority. The bill would also prohibit candidates who worked for or contracted with MTC or BATA for one year after their employment with those organizations. This bill will protect the public from oversight committee representatives that have potentially challenging relationships that could influence their judgement.”
- RM 3. In 2017, the Legislature passed and Governor Brown signed SB 595 (Beall, Chapter 650, Statutes of 2017), which directs the nine Bay Area counties to place RM3 on the ballot for voters to consider whether or not to increase bridge tolls. If approved by Bay Area voters, RM3 is anticipated to generate approximately $4.2 billion to fund transportation infrastructure and transit projects in the Bay Area. SB 595 also included a number of oversight provisions including requiring BATA to establish an independent oversight committee responsible for ensuring the RM3 revenues are expended consistent with that list.
This bill simply provides additional clarification relative to the eligibility requirements for members that are nominated to the RM3 Independent Oversight Committee.
Related Legislation:
SB 595 (Chapter 650, Statutes of 2017, Beall) — requires the City and County of San Francisco and the other eight Bay Area counties to conduct a special election to increase the toll rate charged on state-owned bridges within the region, as specified.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Assembly votes:
Floor: 68-0
Trans: 11-0
POSITIONS: (Communicated to the committee before noon on Wednesday,
May 9, 2018.)
SUPPORT:
None received.
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1041
Author:(Levine)
As Amended Ver:January 3, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Rules | 11-0 | Cooley, Cunningham, Brough, Cervantes, Chen, Friedman, Grayson, Levine, Nazarian, Salas, Waldron | |
Transportation | 11-0 | Frazier, Fong, Baker, Berman, Chu, Daly, Friedman, Harper, Mathis, Medina, Nazarian |
SUMMARY: Specifies individuals that are not eligible to be members of the independent oversight committee created by the Bay Area Toll Authority (BATA) following the increase of bridge tolls approved by voters pursuant to Regional Measure (RM) 3. Specifically, this bill restricts the following individuals from being appointed to membership of the oversight committee:
- Members, former members, staff, or former staff of the Metropolitan Transportation Commission (MTC) or BATA;
- Employees of any organization that has received or is receiving funding from MTC or BATA; or,
- Former employees who, within one year, have worked for or contracted with any organization that has received or is receiving funding from MTC or BATA.
EXISTING LAW:
- Establishes MTC as the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area.
- Creates BATA, within MTC, to administer toll revenues collected on the seven state-owned Bay Area toll bridges (except for revenues derived from the $1 seismic toll surcharge). BATA is governed by the same board as MTC.
- Authorizes BATA to increase toll rates to meet bond obligations; to provide funds for the planning, design, construction, operation, maintenance, repair, replacement, rehabilitation, and seismic retrofit of the state-owned toll bridges; and to provide funding to meet requirements of two existing regional measures (RM1 and RM2).
- Directs the San Francisco Bay Area counties to place on the ballot a third regional measure (RM3) that, if approved by a majority of the voters, would increase tolls on the seven state-owned toll bridges by up to $3.
- Upon approval of RM3, directs BATA to establish an independent oversight committee to ensure RM3 toll revenues are expended consistent with the authority being granted; prescribes the membership of the oversight committee to include two representatives from each county within MTC's jurisdiction, appointed by the applicable county board of supervisors, each representative to serve a four-year term on the oversight committee.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: San Francisco Bay Area voters have twice approved toll increases to date: RM1 in 1988 and RM2 in 2004. Revenue from RM1 was directed to fund a list of bridge and public transit improvements. RM2 imposed a $1 toll increase to fund a regional traffic relief plan for highway, transit, bicycle, and pedestrian projects in the bridge corridors and to provide operating funds for key transit services. Both RM1 and RM2 toll charges are levied in perpetuity. In addition to RM1 and RM2, existing toll rates include surcharges to pay for costs associated with seismically retrofitting and/or replacing the bridges.
In 2017, the Legislature passed and Governor Brown signed SB 595 (Beall), Chapter 650, Statutes of 2017, which directs the nine Bay Area counties to place RM3 on the ballot for voters to consider whether or not to increase bridge tolls. Among other things, SB 595 includes a list of projects to be funded by the new revenues, and also requires BATA to establish an independent oversight committee responsible for ensuring the RM3 revenues are expended consistent with that list.
According to the author, this bill clarifies language in SB 595 to help ensure the representatives on the oversight committee are not burdened in completing their assigned responsibilities "by undue influence from the agencies they are directed to oversee." This bill is intended to assist in protecting voters and the agencies the oversight committee oversees from deviating from the original intent of SB 595.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0002512
Date of Hearing: January 8, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1041 (
Author:Levine) – As Amended Ver:January 3, 2018
SUBJECT: Bay Area Toll Authority and oversight committee: conflict of interest
SUMMARY: Specifies individuals that are not eligible to be members of the independent oversight committee created by the Bay Area Toll Authority (BATA) following the increase of bridge tolls approved by voters pursuant to Regional Measure 3 (RM3). Specifically, this bill restricts the following individuals from being appointed to membership of the oversight committee:
- Members, former members, staff, or former staff of the Metropolitan Transportation Commission (MTC) or BATA;
- Employees of any organization that has received or is receiving funding from MTC or BATA; or,
- Former employees who, within one year, have worked for or contracted with any organization that has received or is receiving funding from MTC or BATA.
EXISTING LAW:
- Establishes MTC as the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area.
- Creates BATA, within MTC, to administer toll revenues collected on the seven state-owned Bay Area toll bridges (except for revenues derived from the $1 seismic toll surcharge). BATA is governed by the same board as MTC.
- Authorizes BATA to increase toll rates to meet bond obligations; to provide funds for the planning, design, construction, operation, maintenance, repair, replacement, rehabilitation, and seismic retrofit of the state-owned toll bridges; and to provide funding to meet requirements of two existing regional measures (RM1 and RM2).
- Directs the San Francisco Bay Area counties to place on the ballot a third regional measure (RM3) that, if approved by a majority of the voters, would increase tolls on the seven state-owned toll bridges by up to $3.
- Upon approval of RM3, directs BATA to establish an independent oversight committee to ensure RM3 toll revenues are expended consistent with the authority being granted; prescribes the membership of the oversight committee to include two representatives from each county within MTC's jurisdiction, appointed by the applicable county board of supervisors, each representative to serve a four-year term on the oversight committee.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: San Francisco Bay Area voters have twice approved toll increases to date: RM1 in 1988 and RM2 in 2004. Revenue from RM1 was directed to fund a list of bridge and public transit improvements. RM2 imposed a $1 toll increase to fund a regional traffic relief plan for highway, transit, bicycle, and pedestrian projects in the bridge corridors and to provide operating funds for key transit services. Both RM1 and RM2 toll charges are levied in perpetuity. In addition to RM1 and RM2, existing toll rates include surcharges to pay for costs associated with seismically retrofitting and/or replacing the bridges.
In 2017, the Legislature passed and Governor Brown signed SB 595 (Beall), Chapter 650, Statutes of 2017, which directs the nine Bay Area counties to place RM3 on the ballot for voters to consider whether or not to increase bridge tolls. Among other things, SB 595 includes a list of projects to be funded by the new revenues, and also requires BATA to establish an independent oversight committee responsible for ensuring the RM3 revenues are expended consistent with that list.
According to the author, this bill clarifies language in SB 595 to help ensure the representatives on the oversight committee are not burdened in completing their assigned responsibilities “by undue influence from the agencies they are directed to oversee.” This bill is intended to assist in protecting voters and the agencies the oversight committee oversees from deviating from the original intent of SB 595.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Discussed in Hearing
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