BILL NUMBER: AB 1175 CHAPTERED
BILL TEXT
CHAPTER 515
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 27, 2009
An act to add Section 12419.12 to the Government Code, and to
amend Sections 30918 and 31011 of, and to add Sections 188.61,
188.62, 27566, 30914.1, and 30959 to, the Streets and Highways Code,
relating to transportation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1175, Torlakson. Toll facilities.
(1) Existing law provides for the Controller to offset, among
other things, amounts due to various public agencies from a person or
entity, against any amount owing that person or entity from state
income, franchise, and sales and use tax refunds and winnings in the
California State Lottery.
This bill would require the Controller, to the extent feasible, to
offset amounts overdue and unpaid for nonpayment of a bridge toll or
high-occupancy toll lane fee by a person or entity against state
income, franchise, and sales and use tax refunds and winnings in the
California State Lottery due to that person or entity, as specified.
To the extent insufficient funds are available to satisfy offset
requests from all agencies, the bill would provide that the toll
agency shall rank with cities and counties in priority for payment.
(2) Existing law specifies the powers and duties of the Department
of Transportation, the Metropolitan Transportation Commission, and
the Bay Area Toll Authority with respect to the collection and
expenditure of toll revenue from the 7 state-owned toll bridges
within the geographic jurisdiction of the commission. Existing law
provides a funding plan from various sources, including bridge tolls
and state funds, for seismic safety improvement projects for certain
of the state-owned toll bridges pursuant to a statutory schedule of
cost estimates for each toll bridge. Existing law identifies
specified cost overruns beyond those cost estimates for bridges in
the geographic jurisdiction of the Metropolitan Transportation
Commission, provides a funding plan in that regard, and appropriates
various revenues for this purpose. Existing law requires the Bay Area
Toll Authority to provide the funding for any additional cost
overruns beyond the amounts identified in the funding plan, including
revenues from increasing the $1 seismic toll surcharge. Existing law
provides for revenues identified in the funding plan to be shared
between the state and the authority pursuant to a specified formula
to the extent the cost overruns are less than estimated.
This bill would add seismic safety improvement projects on the
Antioch and Dumbarton Bridges to the toll bridge seismic safety
program. The bill would provide that surplus cost overrun revenues to
be shared between the state and the Bay Area Toll Authority be
redirected to the authority for the Antioch and Dumbarton seismic
safety projects, and would appropriate those funds for that purpose.
The bill would require the authority to provide all other funds
necessary to complete those seismic safety projects. The bill would
provide for the authority to increase tolls on all Bay Area
state-owned toll bridges in that regard. The bill would continuously
appropriate to the department all amounts paid to the department by
the authority for various purposes relative to the toll bridges. The
bill would also authorize the authority to make contributions to the
commission in furtherance of the exercise of the authority's powers,
as specified.
(3) Existing law provides for a cooperative agreement between the
Department of Transportation and the Bay Area Toll Authority and
imposes other related requirements relative to project oversight and
control responsibilities for the Bay Area toll bridge seismic safety
projects.
This bill would provide that those provisions would also apply to
the Antioch and Dumbarton bridge seismic safety projects.
(4) Existing law provides for maintenance expenditures on Bay Area
state-owned toll bridges to be funded from the State Highway Account
or from toll revenues, as specified.
This bill would provide that maintenance expenditures that are to
be funded from toll revenues shall be funded from toll revenues
remaining after payment of all obligations of the Bay Area Toll
Authority that are secured by toll revenues.
(5) Existing law specifies the basic uniform toll rate for various
classes of vehicles for all of the Bay Area state-owned toll
bridges, but authorizes the authority to increase tolls as may be
necessary to meet bond obligations.
This bill, notwithstanding these provisions, would authorize the
authority to vary the toll structure on each bridge and to provide
discounts for vehicles classified by the authority as high-occupancy
vehicles.
(6) Existing law provides for the Department of Transportation, in
cooperation with various agencies, to develop and adopt functional
specifications and standards for an automatic vehicle identification
system for toll collection purposes on toll facilities.
This bill would require the Bay Area Toll Authority, in its role
as the administrator of the automatic vehicle identification system,
among other things, to provide a cash-based opportunity for customers
to obtain an account for paying tolls that does not require the
customer to provide a name or address.
(7) Existing law authorizes the Bay Area Toll Authority to reduce
the amount of the seismic toll surcharge to encourage electronic toll
payment.
This bill would delete this provision.
(8) This bill would also require the Bay Area Toll Authority to
contract with a nationally recognized independent entity with
expertise in privacy issues associated with the electronic
transmission and storage of data to conduct a review and an analysis
of the privacy issues associated with the authority's electronic toll
payment collection system, and to report to the Legislature in that
regard by January 31, 2011. The bill would thereby impose a
state-mandated local program.
(9) The bill would enact other related provisions.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12419.12 is added to the Government Code, to
read:
12419.12. (a) (1) The Controller shall, to the extent feasible,
offset any amount overdue and unpaid for a bridge toll or a
high-occupancy toll lane fee and any interest, fine, penalty, bail,
collection fee, or other charge on account of nonpayment of the
bridge toll or high-occupancy toll lane fee as and when due to a
government entity entitled thereto, from a person or entity, against
any amount owing the person or entity by a state agency on a claim
for a refund from the Franchise Tax Board under the Personal Income
Tax Law or the Bank and Corporation Tax Law or from winnings in the
California State Lottery. Standards and procedures for submission of
requests for offsets shall be as prescribed by the Controller. The
government entity shall rank with cities and counties in the priority
of agency offset requests if insufficient funds are available to
satisfy all offset requests.
(2) Any request for an offset pursuant to this section shall be
submitted within three years of the date the bridge toll or
high-occupancy toll lane fee was due.
(b) The Controller shall deduct and retain from any amount so
offset an amount sufficient to reimburse the Controller, the
Franchise Tax Board, the California State Lottery, and the Department
of Motor Vehicles for their administrative costs of processing the
offset payment.
SEC. 2. Section 188.61 is added to the Streets and Highways Code,
to read:
188.61. (a) The Legislature finds and declares that in order to
provide maximum safety for the traveling public and to ensure
continuous and unimpeded operation of the state's transportation
network, the Antioch Bridge and the Dumbarton Bridge are each in need
of a seismic safety retrofit.
(b) The Antioch Bridge and the Dumbarton Bridge are hereby deemed
to be part of the state toll bridge seismic retrofit program
described in Section 188.5. Notwithstanding subdivision (c) of
Section 188.6 or any other provision of law, the cost overrun savings
described in that subdivision shall not be shared between the state
and the Bay Area Toll Authority, but shall instead be transferred to
the Bay Area Toll Account, and are hereby appropriated to the
authority for expenditure on the Antioch Bridge and the Dumbarton
Bridge seismic safety retrofit projects. All other funds required to
complete the Antioch Bridge and the Dumbarton Bridge seismic safety
retrofit projects shall be provided by the authority. The authority
may increase the amount of the tolls collected on the toll bridges
described in Section 30910 pursuant to Sections 30918 and 31011 for
the purpose of completing these projects.
(c) All of the requirements of Sections 30952.05, 30952.1,
30952.2, and 30952.3 shall also be applied to the seismic retrofit of
the Antioch Bridge and the Dumbarton Bridge. The Toll Bridge Program
Oversight Committee, established by Section 30952.1, shall have
project oversight and control responsibilities for these projects to
the same extent as for the Benicia-Martinez Bridge project.
(d) All maintenance expenditures required to be funded by Section
188.4 with authority toll revenues shall be funded from toll revenues
remaining after provision is made for payment of all obligations of
the authority that are secured by a pledge of toll revenues.
SEC. 3. Section 188.62 is added to the Streets and Highways Code,
to read:
188.62. Notwithstanding Section 13340 of the Government Code,
there is hereby continuously appropriated to the department for
expenditure all amounts paid to the department by the Bay Area Toll
Authority for the planning, design, construction, operation,
maintenance, repair, replacement, rehabilitation, and seismic
retrofit of the state-owned toll bridges specified in Section 30910
pursuant to the state toll bridge seismic retrofit program or any
other program of the authority, including, without limitation,
amounts paid to the department as advances or to reimburse the
department for payments to contractors working on the program.
SEC. 4. Section 27566 is added to the Streets and Highways Code,
to read:
27566. (a) In its role as administrator of the automatic vehicle
identification system described in Section 27565, the Bay Area Toll
Authority shall provide vehicle owners who seek to obtain an account
the option of opening and maintaining an account with United States
currency or check. That option shall also allow a customer to obtain
an account without providing his or her name or address.
(b) The Bay Area Toll Authority shall inform the public about the
option to obtain a cash-based account for the automatic vehicle
identification system on its Internet Web site and in promotional
materials.
(c) The Bay Area Toll Authority may provide a person with the
option of making a payment with United States currency to replenish
his or her vehicle identification system account at the toll plaza
administration building associated with each of the state-owned toll
bridges located within the geographic jurisdiction of the
Metropolitan Transportation Commission.
(d) The Bay Area Toll Authority shall make a good faith effort to
encourage commercial retailers that sell transponders for the
automatic vehicle identification system to enable a person to
replenish his or her account at the retail location with a variety of
payment methods, including, but not limited to, United States
currency.
SEC. 5. Section 30914.1 is added to the Streets and Highways Code,
to read:
30914.1. Funding of the TransLink operating program in the amount
of twenty million dollars ($20,000,000) shall be made pursuant to
paragraph (10) of subdivision (d) of Section 30914 without regard to
the three-year limitation stated therein.
SEC. 6. Section 30918 of the Streets and Highways Code is amended
to read:
30918. (a) It is the intention of the Legislature to maintain
tolls on all of the bridges specified in Section 30910 at rates
sufficient to meet any obligation to the holders of bonds secured by
the bridge toll revenues. The authority shall retain authority to set
the toll schedule as may be necessary to meet those bond
obligations. The authority shall provide at least 30 days' notice to
the transportation policy committee of each house of the Legislature
and shall hold a public hearing before adopting a toll schedule
reflecting the increased toll rate.
(b) The authority shall increase the toll rates specified in the
adopted toll schedule in order to meet its obligations and covenants
under any bond resolution or indenture of the authority for any
outstanding toll bridge revenue bonds issued by the authority and the
requirements of any constituent instruments defining the rights of
holders of related obligations of the authority entered into pursuant
to Section 5922 of the Government Code and, notwithstanding Section
30887, subdivision (c) of Section 30916, or any other law, may
increase the toll rates specified in the adopted toll schedule to
provide funds for the planning, design, construction, operation,
maintenance, repair, replacement, rehabilitation, and seismic
retrofit of the state-owned toll bridges specified in Section 30910,
to provide funding to meet the requirements of Sections 30884 and
30911, and to provide funding to meet the requirements of
voter-approved regional measures pursuant to Sections 30914, 30921,
and 30921.5.
(c) The authority's toll structure for the state-owned toll
bridges specified in Section 30910 may vary from bridge to bridge and
may include discounts for vehicles classified by the authority as
high-occupancy vehicles, notwithstanding any other law.
(d) If the authority establishes high-occupancy vehicle lane fee
discounts or access for vehicles classified by the authority as
high-occupancy vehicles for any bridge, the authority shall
collaborate with the department to reach agreement on how the
occupancy requirements shall apply on each segment of highway that
connects with that bridge.
(e) All tolls referred to in this section and Sections 30916,
31010, and 31011 may be treated by the authority as a single revenue
source for accounting and administrative purposes and for the
purposes of any bond indenture or resolution and any agreement
entered into pursuant to Section 5922 of the Government Code.
(f) It is the intent of the Legislature that the authority should
consider the needs and requirements of both its electronic and cash
paying customers when it designates toll payment options at the toll
plazas for the toll bridges under its jurisdiction.
SEC. 7. Section 30959 is added to the Streets and Highways Code,
to read:
30959. The authority may make contributions to the commission in
furtherance of the exercise of the authority's powers under this
division, including, without limitation, contributions in the form of
personnel services, office space, and funding. The authority may
also make contributions to the commission on a reimbursement-for-cost
basis; provided, however, that reimbursement shall not be required
to the extent that the contributions provided to the commission are
determined by the authority to be in furtherance of the exercise of
the authority's powers under this division.
SEC. 8. Section 31011 of the Streets and Highways Code is amended
to read:
31011. (a) The authority may increase the amount of the surcharge
described in Section 31010 for the purpose of completing the state
toll bridge seismic program described in Section 188.5 and to meet
its obligations under the act adding this section in the 2005-06
Regular Session. No increase shall be made effective prior to January
1, 2007.
(b) Notwithstanding any other provision of law, revenues generated
by an increase imposed pursuant to this section shall be deposited
in the Bay Area Toll Account.
(c) The authority shall hold at least two public meetings at least
45 days before taking any action pursuant to subdivision (a) to
increase the amount of the surcharge.
SEC. 9. The Bay Area Toll Authority shall contract with a
nationally recognized independent entity with expertise in privacy
issues associated with the electronic transmission and storage of
data to conduct a review and an analysis of the privacy issues
associated with its electronic toll payment collection system. The
report shall be transmitted to the Senate Committee on Housing and
Transportation and the Assembly Committee on Transportation on or
before January 31, 2011. The authority shall pay for the costs of the
study from revenues available to the authority.
SEC. 10. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.