Bill Text: CA AB141 | 2013-2014 | Regular Session | Chaptered
Bill Title: Treasure Island Transportation Management Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 443, Statutes of 2014. [AB141 Detail]
Download: California-2013-AB141-Chaptered.html
BILL NUMBER: AB 141 CHAPTERED
BILL TEXT
CHAPTER 443
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2014
APPROVED BY GOVERNOR SEPTEMBER 19, 2014
PASSED THE SENATE AUGUST 13, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 6, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
INTRODUCED BY Assembly Member Ammiano
JANUARY 17, 2013
An act to amend Sections 1967.2 and 1967.3 of, and to add Section
1967.35 to, the Streets and Highways Code, and to amend Section 2 of
Chapter 317 of the Statutes of 2008, relating to transportation, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 141, Ammiano. Treasure Island Transportation Management Act.
Existing law, the Treasure Island Transportation Management Act,
authorizes the Board of Supervisors of the City and County of San
Francisco to designate a board or agency to act as the transportation
management agency for Treasure Island, defined to also include Yerba
Buena Island. The act authorizes the transportation management
agency, pursuant to the terms of a resolution or ordinance adopted by
the board of supervisors, to recommend an initial fee structure for
congestion pricing fees to be adopted by the board of supervisors and
the San Francisco County Transportation Authority, and to adopt
on-street and off-street parking fees, fines, and penalties, and
other parking-related revenues and a transit pass fee structure for
Treasure Island. The act specifies the powers and duties of the
agency on these and other related matters, including the adoption and
administration of a transportation program, the collection and use
of revenues generated from those fees, and coordination with the San
Francisco Municipal Transportation Agency.
This bill would rename the Treasure Island Transportation
Management Agency as the Treasure Island Mobility Management Agency
and would authorize the board of supervisors to revise or revoke this
designation of the transportation management agency and designate a
new board or agency to act as the transportation management agency at
any time. The bill would provide that the transportation management
agency is an independent and autonomous public agency governed by the
board of the transportation authority, as designated by the board of
supervisors on April 1, 2014, or by any future revised governance as
designated by the board of supervisors, and is a separate and
distinct legal entity responsible for its own obligations, debts, and
liabilities and not for the obligations, debts, or liabilities of
any other agency or entity.
The bill would authorize the transportation management agency to
do all acts under its own name that are necessary or convenient for
the exercise of its designated powers and the financing of projects,
as specified, and would require the agency to adopt an annual budget.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1967.2 of the Streets and Highways Code is
amended to read:
1967.2. For purposes of this chapter, the following terms have
the following meanings:
(a) "Authority" means the Treasure Island Development Authority, a
nonprofit public benefit corporation established by the board of
supervisors that is vested with both redevelopment authority and the
power and duty to administer the public trust for commerce,
navigation, and fisheries with respect to Treasure Island.
(b) "Board of supervisors" means the Board of Supervisors of the
City and County of San Francisco.
(c) "City" means the City and County of San Francisco.
(d) "Congestion pricing fees" means fees that motorists pay to
drive in a designated congestion pricing zone that are designed to
relieve traffic congestion and promote alternative forms of
transportation, and are set and adjusted to reflect traffic patterns,
congestion levels, time of day, and other conditions that impact the
roadway system.
(e) "Transportation authority" means the San Francisco County
Transportation Authority.
(f) "Transportation management agency" means the Treasure Island
Mobility Management Agency, formerly the Treasure Island
Transportation Management Agency, designated by the board of
supervisors pursuant to Section 1967.3.
(g) "Transportation program" means a comprehensive transportation
program for Treasure Island designed to achieve the goals set forth
in Section 1967.1.
(h) "Treasure Island" means Treasure Island and Yerba Buena
Island.
SEC. 2. Section 1967.3 of the Streets and Highways Code is amended
to read:
1967.3. The authority is formulating a transportation program in
connection with the authority's redevelopment activities on Treasure
Island. The board of supervisors directed that the transportation
program ensure adequate and reliable funding for transit service for
Treasure Island, including bus transit service provided by the city's
municipal transportation agency, or its successor agency. In
formulating the transportation program, the authority shall make
recommendations for the governance structure of the transportation
management agency. Based on the authority's recommendations, the
board of supervisors may designate a board or agency that shall act
as the transportation management agency. The board of supervisors may
revise or revoke this designation of the transportation management
agency and designate a new board or agency to act as the
transportation management agency at any time. The board of
supervisors may also designate itself as the transportation
management agency. Notwithstanding Chapter 898 of the Statutes of
1997, any subsequent amendments to that chapter, but subject to
Section 1967.5, the transportation management agency shall have the
exclusive power to do any or all of the following pursuant to the
terms of a resolution or ordinance adopted by the board of
supervisors:
(a) Adopt and administer the transportation program and
implementing rules and regulations.
(b) Recommend to the board of supervisors and the transportation
authority an initial fee structure for the imposition of congestion
pricing fees applicable to residents and other motorists as they
enter or exit Treasure Island in the amount deemed necessary and
proper by the transportation management agency to implement the
transportation program.
(c) Adopt amendments to the congestion pricing fee structure
initially adopted by the board of supervisors and the transportation
authority pursuant to subdivision (a) of Section 1967.5, as the
transportation management agency deems necessary and appropriate from
time to time to implement the transportation program, based upon a
finding that the amendments to the fee have a relationship or benefit
to the motor vehicle drivers who are paying the fee.
(d) Administer and collect congestion pricing fees on Treasure
Island.
(e) Adopt on-street and off-street parking regulations for
Treasure Island, including regulations limiting parking, stopping,
standing, or loading and establishing parking privileges and
locations, parking meter zones, and other forms of parking regulation
similar to those adopted for other areas of San Francisco.
(f) Adopt on-street and off-street parking fees, fines, and
penalties for Treasure Island and administer and collect all
on-street and off-street parking fees, fines, penalties, and other
parking-related revenues on Treasure Island.
(g) Adopt a transit pass fee structure applicable to residents and
other users of Treasure Island and administer and collect all
Treasure Island transit pass fees.
(h) Fix the rates and charges for services provided or functions
performed by the transportation management agency and administer and
collect those rates and charges.
(i) Apply for, accept, and administer state, federal, local
agency, or other public or private grant funds for transportation
purposes.
(j) Administer and collect all other revenues generated by the
transportation program.
(k) Undertake studies, performance evaluations, and other
mechanisms as it deems necessary and proper to adopt and amend the
transportation program with the purpose of relieving
transportation-related impacts.
( l ) Expend its revenues for any purpose related to
the transportation program, including costs of implementation,
operation, collection and enforcement, maintenance, construction, and
administration under the transportation program.
(m) Enter into contracts, cooperative agreements, and direct
funding agreements with private parties and governmental agencies,
including city departments, to the extent deemed necessary and proper
by the transportation management agency to implement the
transportation program, including for any of the following:
(1) The construction and maintenance of transportation facilities
serving Treasure Island that are directly related to the
transportation program, including design, preconstruction, and other
related costs.
(2) Transit capital improvements and operations for services that
directly serve Treasure Island.
(3) Notwithstanding Section 40717.9 of the Health and Safety Code,
implementation of transportation impact mitigation measures as
adopted from time to time to improve or encourage the use of transit
and other nonmotor vehicle means of access to Treasure Island.
(n) Adopt rules and regulations governing high-occupancy vehicles
pursuant to subdivision (d) of Section 1967.5.
(o) Take all other steps as the transportation management agency
deems necessary and proper to implement the transportation program.
SEC. 3. Section 1967.35 is added to the Streets and Highways Code,
to read:
1967.35. (a) The transportation management agency is an
independent and autonomous public agency governed by the board of the
transportation authority, as designated by the board of supervisors
on April 1, 2014, or by any future revised governance as designated
by the board of supervisors pursuant to Section 1967.3. The
transportation management agency is a separate and distinct legal
entity responsible for its own obligations, debts, and liabilities
and not for the obligations, debts, or liabilities of any other
agency or entity.
(b) The transportation management agency is authorized under its
own name to do all acts necessary or convenient for the exercise of
its designated powers and the financing of projects, including, but
not limited to, all of the following:
(1) To employ agents or employees.
(2) To acquire, construct, manage, maintain, lease, or operate any
public facility or improvements.
(3) To sue and be sued in its own name.
(4) To invest any money not required for the immediate necessities
of the transportation management agency, as it determines is
advisable.
(c) The transportation management agency shall adopt an annual
budget. Its board members shall be compensated as determined by the
transportation management agency and shall be reimbursed for
necessary and reasonable expenses incurred in connection with
performing transportation management agency duties. The
transportation management agency shall pay all costs required by this
section.
(d) The transportation authority may make direct contributions or
contributions on a reimbursement-for-cost basis to the transportation
management agency in furtherance of the exercise of its powers as
designated under Section 1967.3.
SEC. 4. Section 2 of Chapter 317 of the Statutes of 2008 is
amended to read:
Sec. 2. (a) The Legislature finds and declares that the adoption
and implementation of the transportation program under this act,
including the use of the congestion pricing, parking, and transit
pass fees in accordance with this act, will provide substantial
benefit to (1) the public trust for commerce, navigation, and
fisheries by promoting access to Treasure Island by a wide range of
local, regional, and statewide visitors, and (2) the people of
California and the state highway and regional transportation system
by reducing the amount of project-related traffic and vehicle miles
traveled on the San Francisco-Oakland Bay Bridge and related system
of state and local roadways, reducing congestion and greenhouse gas
emissions, improving regional air quality, and increasing ridership
on regional multimodal public transit, and is therefore a matter of
statewide concern.
(b) (1) Subject to the requirements of this act, the
transportation management agency shall be the sole entity or
jurisdiction authorized to impose any transportation-related revenue
measures on Treasure Island, as specified in Section 1967.3 of the
Streets and Highways Code. No ordinance, charter provision, or other
provision of local law purporting to impose any similar revenue
measure, whether now existing or enacted in the future, shall apply
to Treasure Island or the transportation program, and the city and
its departments, boards, and commissions are prohibited from
exercising in the city's own right any powers that have been granted
to the transportation management agency or the board of supervisors
under this act.
(2) The transportation management agency, in implementing the
transportation program, shall coordinate with the San Francisco
Municipal Transportation Agency (SFMTA) in decisions regarding
transit service, parking enforcement, traffic signaling, and all
other operational responsibilities for which SFMTA is mutually
determined to have operational responsibilities and, consistent with
direction from the board of supervisors under Resolution No. 699-06,
the transportation management agency shall work with SFMTA to
identify adequate and reliable funding as necessary for SFMTA to
carry out these responsibilities. This provision is not intended to
interfere with the jurisdiction of SFMTA or any successor agency over
the real, personal, and financial assets of SFMTA, the authority of
SFMTA over contracting, leasing, and purchasing, or the authority of
SFMTA to set fares for the San Francisco Municipal Railway.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that the development of the sustainable urban
neighborhood for Treasure Island will progress in a timely manner, it
is necessary that this act take effect immediately.
