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AC TRANSIT DISTRICT GM Memo No. 07-225 Board of Directors ...

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BRIEFING MEMO<br />

<strong>AC</strong> <strong>TRANSIT</strong> <strong>DISTRICT</strong> <strong>GM</strong> <strong>Memo</strong> <strong>No</strong>. <strong>07</strong>-<strong>225</strong><br />

<strong>Board</strong> <strong>of</strong> <strong>Directors</strong><br />

Executive Summary Meeting Date: October 17, 20<strong>07</strong><br />

Committees:<br />

Planning Committee<br />

External Affairs Committee<br />

Rider Complaint Committee<br />

<strong>Board</strong> <strong>of</strong> <strong>Directors</strong><br />

Finance Committee<br />

Operations Committee<br />

Paratransit Committee<br />

Financing Corporation<br />

SUBJECT:<br />

Legislative Report<br />

RECOMMENDED <strong>AC</strong>TION:<br />

Fiscal Impact:<br />

<strong>No</strong>ne<br />

Information Only Briefing Item Recommended Motion<br />

Background/Discussion:<br />

Lynn Suter and Associates report on legislative affairs.<br />

Prior Relevant <strong>Board</strong> Actions/Policies:<br />

Attachments:<br />

Legislative Report from Lynn Suter and Associates<br />

Approved by: Rick Fernandez, General Manager<br />

Prepared by: Mary King, Acting Deputy General Manager<br />

Date Prepared: October 5, 20<strong>07</strong><br />

BOARD <strong>AC</strong>TION: Approved as Recommended [ ] Other [ ]<br />

Approved with Modification(s) [ ]<br />

[To be filled in by District Secretary after <strong>Board</strong>/Committee Meeting]<br />

The above order was passed on<br />

___________________, 20<strong>07</strong>.<br />

Linda Nemer<strong>of</strong>f, District Secretary<br />

By


3<br />

Lynn M. Suter<br />

and Associates<br />

Government Relations<br />

<strong>GM</strong> <strong>07</strong>-<strong>225</strong> Attachment<br />

October 2, 20<strong>07</strong><br />

TO:<br />

Greg Harper, President, and<br />

Members <strong>of</strong> the <strong>AC</strong> Transit <strong>Board</strong> <strong>of</strong> <strong>Directors</strong><br />

Mary King, Acting D<strong>GM</strong><br />

FR:<br />

RE:<br />

Lynn M. Suter & Associates<br />

Legislative Update<br />

Special Sessions: There has been a lot <strong>of</strong> activity but little progress on both special<br />

session topics. Yesterday at 2:00 p.m. we enjoyed one <strong>of</strong> those legislative whip-lash<br />

moments. The Senate went into session to consider Senate PresProTem Perata's $6.8<br />

billion water bond package at the same time the Governor held a press conference to<br />

explain his latest 200 page Health Coverage Proposal.<br />

Water bonds: The water bond package in SBX2 2 was presented to the Senate<br />

Committee on Natural Resources and Water on Monday. The Senate Appropriations<br />

Committee approved it Tuesday morning and then it was presented on the Senate Floor<br />

that afternoon. The failure on the Senate Floor (23-12) was no surprise - - Republicans<br />

will not negotiate until water storage (read: reservoir) construction funding is included.<br />

Perata vows to take the package to the ballot via the initiative route. Also failing passage<br />

in the Senate Natural Resources Committee on Monday was a competing Republican<br />

package totaling $9 billion that would include $5.1 billion for two new dams and<br />

increased capacity for a third (Los Vaqueros in CoCoCounty). The Governor and<br />

Republican leadership declared that they, too, will take the initiative route with their<br />

proposal. While the Assembly held one informational hearing on the topic, it is unclear if<br />

they plan on pursuing their own proposal that would likely face the same fate on the<br />

Assembly Floor.<br />

More Dam Water Wars: Special Session bills will miss the deadline for placement on<br />

the February 5 ballot. Central Valley Ag interests say they'll put up $1 million to get the<br />

signature gathering process started for the Republican package. Looks like combating<br />

water-bond forces will face an initiative road-show rather than passage <strong>of</strong> a Special<br />

Session compromise. The Governor insists the parties can still come together in a "bipartisan<br />

manner" on a compromise so that when people turn on their faucets in 40 years<br />

"there's water coming out." Hang in there - - we certainly haven't heard the last <strong>of</strong> this<br />

debate. Despite the sound and fury, compromise is still possible. Deadline for the June<br />

ballot is January 24.<br />

1127-11 th Street, Suite 512 ν Sacramento, CA 95814 ν Telephone 916/442-0412 ν Facsimile 916/444-0383<br />

email: lmsa@lmsa.com


Health Coverage gamble: Enter the lottery! Meanwhile, back in Gov-land, his new<br />

health coverage plan includes state lottery funding instead <strong>of</strong> the proposed new tax on<br />

docs and additional fees on employers. Docs have been fighting a 2% fee on their<br />

revenues to fund an insurance purchasing pool, and it looks like they won. The gov<br />

proposes to lease administration <strong>of</strong> the lottery to a private company, magically producing<br />

additional revenues for the purchasing pool. We don't know if his numbers are right or<br />

wrong, but we're sure they are suspect. Number-crunching hasn't been this Admin's high<br />

suit in any area, so there's no reason to expect it now. He still has no author for the bill,<br />

but announced it would be a "Committee Bill." That seems entirely unlikely to us, but<br />

the Governor may have a definition <strong>of</strong> "Committee Bill" that transcends our usual<br />

understanding. The Gov's new proposal, as with past efforts, makes everything<br />

contingent upon (a) more federal money and (b) passage <strong>of</strong> a finance package by voters.<br />

In other words, if passed, the Gov can declare victory on a health care package that never<br />

goes into effect.<br />

Prop 1B Transit Capital Funds: Caltrans has released draft guidelines for implementing<br />

the Public Transportation, Improvement and Service Enhancement Account Program<br />

(PTMISEA). These guidelines provide the framework for the allocation <strong>of</strong> $600 million<br />

in PTMISEA funds appropriated in the 20<strong>07</strong>-08 budget. In short, the guidelines are<br />

consistent with the implementing statute. However, the debate continues on whether<br />

these funds should flow along the same path as STA revenue, or can these funds bypass<br />

the regional entity and be allocated directly to the operators.<br />

The comment period on the draft guidelines closed October 8. The final guidelines are<br />

expected to be released by October 22, and application deadline is currently scheduled for<br />

<strong>No</strong>vember 30 th .<br />

Transit Oriented Development Program: Last month the Department <strong>of</strong> Housing and<br />

Community Development (HCD) released draft guidelines for the Transit Oriented<br />

Development program contained in Prop 1C. The budget appropriated $90 million for<br />

this program. The guidelines were widely criticized by cities, counties, and transit<br />

operators across the state. In response to this criticism, HCD is expected to release<br />

revised guidelines by mid-October. A brief comment period will follow the release <strong>of</strong> the<br />

revised guidelines, and HCD plans to release a <strong>No</strong>tice <strong>of</strong> Funding Availability (NOFA)<br />

for the TOD program in early <strong>No</strong>vember<br />

In addition, HCD has recently scheduled a series <strong>of</strong> stakeholder meetings to review its<br />

plans for the Infill Incentive Account program, which is also funded by Prop 1C bonds.<br />

The Legislature appropriated $300 million in the 20<strong>07</strong>-08 budget for this program and<br />

adopted implementation language in SB 86, which was a budget trailer bill. A<br />

stakeholder meeting is scheduled for October 22 in Oakland from 1-4 p.m. in the<br />

auditorium <strong>of</strong> the Elihu M. Harris Building. HCD plans to issue a NOFA for this<br />

program in January.<br />

Budget News: Our prediction that this year’s fiscal plan wouldn’t last 90 days was<br />

grossly optimistic. Department <strong>of</strong> Finance and others are lowering their expectations just<br />

2


one month after passage <strong>of</strong> the tardy state budget. When the budget was signed last<br />

month, Department <strong>of</strong> Finance was estimating a $5 billion shortfall based upon reduced<br />

income tax revenues. That projection is now up to an $8.6 billion deficit, according to<br />

latest DOF numbers which consider reduced revenues and base-line spending needs.<br />

Among other FY 20<strong>07</strong>-08 Budget assumptions that cause even wider discrepancies are:<br />

• EdFund will be sold for $1 billion. This is a precarious number, at best. <strong>No</strong>body<br />

really knows how much EdFund would generate in one-time funding, or if it can<br />

be sold at all.<br />

• Ballot initiatives by rival tribes could block compacts just approved for additional<br />

slot machines. In addition, the per-machine revenues may not be achievable.<br />

• The California Transit Association has sued to block divergence <strong>of</strong> $1.3 billion in<br />

mass transit funds to the state general fund.<br />

• STRS sued and won at trial and appellate court levels to block tapping the refund<br />

for $500 million. The Governor has agreed to return the $500 million to STRS,<br />

an amount that would severely cut into the state’s reserve account.<br />

• The budget does not fund major state employee pay raises, including a stalled<br />

contract with the CCPOA - - an amount estimated at $300 million during Sessionend<br />

attempts at legislation sponsored by prison employees.<br />

• Plummeting home sales are steeper than predicted, and will cut further into state<br />

income tax revenues. The following is a link to DOF’s September revenue<br />

forecast: http://www.d<strong>of</strong>.ca.gov/HTML/FINBULL/20<strong>07</strong>_FB/September/<br />

Legislation<br />

The Legislature adjourned on September 12 th , which was two days earlier than scheduled.<br />

This has sparked a debate over the Governor’s signing deadline. As you know, at the end<br />

<strong>of</strong> session the Governor has 30 days to act on bills. Many assumed that the deadline this<br />

year would be October 12 th . While Legislative Counsel initially agreed with this date,<br />

Leg Counsel has rescinded that opinion and now declares the Governor has until<br />

midnight on October 14 th to sign or veto bills.<br />

That extra time will be needed. To date the there remain 596 bills pending on the<br />

Governor’s desk. Given the large number <strong>of</strong> bills still pending, we will send an updated<br />

bill chart prior to the <strong>Board</strong> meeting next week.<br />

3


Bill Topic Status Client-Position<br />

AB 57 (Soto) Highways: federal Governor’s Desk <strong>AC</strong> Transit-Support<br />

E-09/12/20<strong>07</strong> funds: Safe Routes to<br />

School.<br />

NOTE: AB 57 repeals the sunset date for the Safe Routes to<br />

School (SRTS) grant program, thereby extending the program<br />

indefinitely. The bill also specifies that any budget appropriation<br />

for this program shall be in addition to any federal funds allocated<br />

for this program.<br />

AB 118 (Nunez)<br />

E-09/27/20<strong>07</strong><br />

Alternative fuels and<br />

vehicle technologies:<br />

funding programs.<br />

Governor’s Desk<br />

<strong>AC</strong> Transit-Support<br />

& Seek Amendments<br />

NOTE: The bill would enact the California Alternative and<br />

Renewable Fuel, Vehicle Technology, Clean Air, and Carbon<br />

Reduction Act <strong>of</strong> 20<strong>07</strong>. Beginning July 1, 2008, this bill would<br />

increase vehicles registration fees and vessel registration fees, as<br />

well as increase the smog abatement fee.<br />

The purpose <strong>of</strong> this bill is to create a funding source for research,<br />

development, and deployment <strong>of</strong> clean fuels and advanced vehicle<br />

technologies. The goal is to increase the use <strong>of</strong> less carbon<br />

intensive fuels and to increase the diversification <strong>of</strong> the state’s fuel<br />

market.<br />

SB 118 would establish two programs. One administered by<br />

CARB which would focus on grants and loans that reduce<br />

emissions, and one by the Energy Commission which would<br />

provide grants and loans on the development and deployment <strong>of</strong><br />

alternative fuel vehicles. Both <strong>of</strong> these programs could be an<br />

important funding source for <strong>AC</strong>’s fuel cell and alternative fuel<br />

program.<br />

Prior versions <strong>of</strong> the bill excluded local public agencies from<br />

applying for these funds, raised concerns that mandated programs<br />

would not be eligible, and did not mention hydrogen as an<br />

alternative fuel. All <strong>of</strong> theses issues have been corrected.<br />

AB 193 (Committee<br />

on Budget)<br />

E-09/10/20<strong>07</strong><br />

Transportation Signed Into Law <strong>AC</strong> Transit-Watch<br />

revenues.<br />

Chapter 313, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: As requested by the Governor, this bill makes the<br />

corrections to the budget trailer bill that redirected spill over funds<br />

to the Transportation Debt Service Fund, which is used to<br />

4


eimburse the general fund for debt service payments on<br />

transportation bonds. The Governor vetoed a portion <strong>of</strong> the fund<br />

transfer due to technical errors in the implementing language. AB<br />

193 restores the veto and corrects the errors.<br />

SB 193 also eliminates duplicative reporting requirements for the<br />

Local Street and Road program in Prop 1B. The implementation<br />

language in SB 88 required cities and counties to follow a more<br />

general reporting requirement as well as a reporting process that<br />

applied only to the local street and road program. SB 193<br />

eliminates the requirement for cities and counties to follow the<br />

general reporting requirements.<br />

AB 196 (Committee<br />

on Budget)<br />

E-09/10/20<strong>07</strong><br />

Transportation bond Signed Into Law <strong>AC</strong> Transit-Watch<br />

funds: cities and<br />

counties.<br />

Chapter 314, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill cleans-up the implementation language for the<br />

Local Street and Road program in Prop 1B. The budget<br />

appropriated $950 million for this program. AB 196 specifies that<br />

$400 million shall be allocated to counties and $550 million to<br />

cities, which is consistent with the original appropriation request<br />

for this program.<br />

With this appropriation, a total <strong>of</strong> $600 million will remain for<br />

future appropriation to counties and a total <strong>of</strong> $450 million will<br />

remain for future appropriation to cities.<br />

AB 490 (Hancock)<br />

C-09/11/20<strong>07</strong><br />

Local government: Signed Into Law <strong>AC</strong> Transit-Sponsor<br />

public utility districts:<br />

Alameda-Contra Chapter 213, Statutes<br />

Costa Transit <strong>of</strong> 20<strong>07</strong><br />

District: San<br />

Francisco Bay Area<br />

Rapid Transit<br />

District:<br />

compensation <strong>of</strong><br />

directors.<br />

NOTE: As you know, the Governor signed AB 490 into law. The<br />

provisions <strong>of</strong> this bill take affect on January 1, 2008.<br />

As signed into law, AB 490 increased the compensation rate for<br />

<strong>AC</strong> Transit’s board from $500 to $1,000 per month if specified<br />

attendance requirements are met. In addition, the bill allows the<br />

<strong>Board</strong> to adjust the compensation rate for inflation. The bill also<br />

5


allowed BART to make inflationary adjustments, and updated the<br />

compensation rate for Public Utility Districts.<br />

AB 574 (Torrico)<br />

E-09/11/20<strong>07</strong><br />

High-occupancy toll Governor’s Desk <strong>AC</strong> Transit-Watch<br />

(HOT) lanes.<br />

NOTE: As sent to the Governor AB 574 would eliminate the fouryear<br />

sunset date for each <strong>of</strong> authorized high-occupancy toll lane<br />

(HOT) projects in the Counties <strong>of</strong> Alameda, San Diego, and Santa<br />

Clara. The bill also allows each entity authorized to operate the<br />

HOT lanes to bond <strong>of</strong>f <strong>of</strong> the revenue stream.<br />

AB 665 (DeSaulnier)<br />

E-09/12/20<strong>07</strong><br />

So far, signals from the Governor’s <strong>of</strong>fice are positive for a<br />

signing. The Governor’s staff is carefully reviewing each word<br />

and every comma placement to make sure there are no hidden<br />

surprises.<br />

Growth management. Governor’s Desk<br />

<strong>AC</strong> Transit-Watch<br />

NOTE: This bill requires the Department <strong>of</strong> Housing and<br />

Community Development, to the extent funds are available, to<br />

produce an annual Growth Management Information Report and<br />

requests the University <strong>of</strong> California to produce a study on land<br />

use planning and growth management strategies.<br />

AB 945 (Carter)<br />

E-09/11/20<strong>07</strong><br />

Transportation needs Governor’s Desk <strong>AC</strong> Transit-Watch<br />

assessment.<br />

NOTE: This bill requires the California Transportation<br />

Commission to prepare transportation needs assessment every five<br />

years.<br />

The bill directs the CTC to work with regional transportation<br />

planning agencies, and statewide associations such as the League<br />

<strong>of</strong> Cities, CS<strong>AC</strong>, and the California Transit Association.<br />

AB 1091 (Bass)<br />

E-09/12/20<strong>07</strong><br />

Transit-Oriented Governor’s Desk <strong>AC</strong> Transit-Watch<br />

Development<br />

Implementation<br />

Program.<br />

NOTE: For projects funded by the Transit-Oriented Development<br />

Implementation Program in Prop 1C, this bill expands the radius<br />

between an eligible project and a transit station from one-quarter<br />

mile to one-half mile. The bill also specifies that the distance must<br />

be readily walkable, but the bill does not define the term “readily<br />

walkable.”<br />

6


AB 1492 (Laird)<br />

E-09/28/20<strong>07</strong><br />

Vehicles: transit Governor’s Desk <strong>AC</strong> Transit-Support<br />

buses: right-<strong>of</strong>-way.<br />

NOTE: This bill allows the Santa Cruz Metropolitan Transit<br />

District (SCMTD) and the Santa Clara Valley Transportation<br />

Authority (VTA) to resume a pilot project that requires motorists<br />

to yield to a transit bus that is equipped with a right-<strong>of</strong>-way yield<br />

sign on the left rear <strong>of</strong> the bus.<br />

AB 1543 (Leno)<br />

E-09/12/20<strong>07</strong><br />

Treasure Island Governor’s Desk <strong>AC</strong> Transit-Watch<br />

Transportation<br />

Management.<br />

NOTE: This bill creates the Treasure Island Transportation<br />

Management Act to develop and fund an innovative and<br />

sustainable transportation plan for Treasure Island and Yerba<br />

Buena Island in San Francisco Bay.<br />

The bill allows the San Francisco <strong>Board</strong> <strong>of</strong> Supervisors to create an<br />

administrative entity that would be in charge <strong>of</strong> administering<br />

congestion pricing fees, on- and <strong>of</strong>f-street parking fees, and a<br />

transit pass fee on residents and other users <strong>of</strong> Treasure Island.<br />

The revenue would be used to fund ferry, bus and other<br />

transportation services on and to the island.<br />

AB 1581 (Fuller)<br />

E-09/06/20<strong>07</strong><br />

AB 1672 (Nunez)<br />

E-09/11/20<strong>07</strong><br />

Traffic-actuated Signed Into Law <strong>AC</strong> Transit-Watch<br />

signals: bicycles:<br />

motorcycles. Chapter 337, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill requires cities and counties, upon first placement<br />

<strong>of</strong> a traffic-actuated signal or replacement <strong>of</strong> the loop detector <strong>of</strong> a<br />

traffic-actuated signal, to install those signals that detect<br />

motorcycle and bicycle traffic on the roadway.<br />

California Governor’s Desk <strong>AC</strong> Transit-Watch<br />

Transportation<br />

Commission.<br />

NOTE: This bill would require the CTC to consult with the chairs<br />

<strong>of</strong> the appropriate policy and budget committees 60 days prior to<br />

adopting changes to guidelines for the expenditure <strong>of</strong> Proposition<br />

1B funds.<br />

In addition, AB 1672 would increase the voting members on the<br />

7


CTC from 9 to 11 members. One new member would be<br />

appointed by the Senate Rules Committee and one by the Speaker<br />

<strong>of</strong> the Assembly<br />

SB 70 (Florez)<br />

E-09/19/20<strong>07</strong><br />

SB 717 (Perata)<br />

E-09/17/20<strong>07</strong><br />

Biodiesel.<br />

09/19/20<strong>07</strong>-Enrolled. <strong>AC</strong> Transit-Support<br />

To Governor at 11:45<br />

a.m. (09/19/20<strong>07</strong>-S<br />

ENROLLED)<br />

NOTE: This bill authorizes the State <strong>of</strong> California, cities, counties,<br />

mass transit districts, and school districts to use a biodiesel fuel<br />

blend <strong>of</strong> greater than 20 percent biodiesel to operate all their<br />

diesel-powered vehicles if certain conditions are met. In addition,<br />

SB 70 defines and specifies standards for biodiesel, biodiesel<br />

blends, renewable diesel, and renewable diesel blends.<br />

Transportation Governor’s Desk <strong>AC</strong> Transit-Support<br />

Investment Fund.<br />

NOTE: This bill would continue the transfer <strong>of</strong> Prop 42 sales tax<br />

revenue to the Transportation Investment Fund (TIF) beginning in<br />

fiscal year 2008-09 according to the existing 40-40-20 formula.<br />

The bill also alters the division <strong>of</strong> the 20% allocated to the Public<br />

Transportation Account. As amended the transit share would be<br />

split with 75% allocated pursuant to the State Transit Assistance<br />

formula and 25% allocated to transit capital projects programmed<br />

through the STIP.<br />

SB 976 (Torlakson)<br />

E-09/17/20<strong>07</strong><br />

San Francisco Bay Governor’s Desk <strong>AC</strong> Transit-Watch<br />

Area Water<br />

Emergency<br />

Transportation<br />

Authority.<br />

NOTE: This bill would overhaul the authorizing statute for the<br />

Water Transit Authority. In summary, SB 976 makes the<br />

following changes:<br />

♦ Renames the WTA the San Francisco Bay Area Water<br />

Emergency Transportation Authority.<br />

♦ Reduces its board from 11 to 5 members. The Governor<br />

appoints three members, the Speaker one member, and<br />

Senate Rules Committee appoints one member. The board<br />

members must be Bay Area residents<br />

♦ Authorizes the WETA to operate ferry service in the Bay<br />

Area.<br />

8


♦ Consolidates the operation <strong>of</strong> all ferry service, except for<br />

Golden Gate Ferry service, under the control <strong>of</strong> WETA.<br />

♦ Repeals existing law prohibiting the WETA to receive STA<br />

and TDA funds, as well as seek tax revenue.<br />

♦ Makes conforming changes in statute regarding RM 2<br />

funded ferry projects.<br />

9


3<br />

Lynn M. Suter<br />

and Associates<br />

Government Relations<br />

<strong>GM</strong> <strong>07</strong>-<strong>225</strong><br />

October 15, 20<strong>07</strong><br />

TO:<br />

Greg Harper, President, and<br />

Members <strong>of</strong> the <strong>AC</strong> Transit <strong>Board</strong> <strong>of</strong> <strong>Directors</strong><br />

Mary King, Acting D<strong>GM</strong><br />

FR:<br />

RE:<br />

Lynn M. Suter & Associates<br />

Sign/Veto Update<br />

Legislation<br />

October 14 th was the deadline for the Governor to take action on all bills sent to his <strong>of</strong>fice<br />

at the end <strong>of</strong> session. The following is the final status <strong>of</strong> those bills we were tracking. If<br />

a chapter number does not appear, it’s because a number has not been assigned yet.<br />

The score card: For the 20<strong>07</strong> session Governor Schwarzenegger signed 750 bills and<br />

vetoed 214. This veto rate is consistent with past sessions where he has vetoed a little<br />

over 20% <strong>of</strong> all measures that reach his desk. Peter Detwiler with the Senate Local<br />

Government Committee has provided us with some interesting sign/veto factoids:<br />

• Schwarzenegger vetoed more bills in four years (1,019) than Reagan did in eight<br />

years (843).<br />

• Schwarzenegger signed the lowest number <strong>of</strong> bills <strong>of</strong> any recent governor (729 in<br />

2005).<br />

• Schwarzenegger holds the record for the lowest annual average (836 a year over four<br />

years).<br />

• Wilson signed the fewest bills <strong>of</strong> any recent, two-term governor (9,324 over eight<br />

years).<br />

• Deukmejian vetoed the most bills (2,298 over eight years).<br />

• Deukmejian vetoed the most bills in a single year (436 in 1990).<br />

• But the highest percentage <strong>of</strong> bills vetoed came from Davis (24.91% in 2000).<br />

• In his five years, Davis vetoed twice as many bills (1,098) as Brown did in eight years<br />

(528).<br />

• In 1982, Brown vetoed just 30 bills, setting the record for the lowest number <strong>of</strong><br />

vetoes.<br />

• The five years with the highest number <strong>of</strong> chaptered bills were all with Republican<br />

governors (1971, 1984, 1967, 1990, 1988).<br />

• Although political conservatives, Deukmejian and Reagan signed more bills than<br />

Brown, the more activist liberal.<br />

1127-11 th Street, Suite 512 ν Sacramento, CA 95814 ν Telephone 916/442-0412 ν Facsimile 916/444-0383<br />

email: lmsa@lmsa.com


Bill Topic Status Client-Position<br />

AB 57 (Soto) Highways: federal Signed Into Law <strong>AC</strong> Transit-Support<br />

E-09/12/20<strong>07</strong> funds: Safe Routes to<br />

School.<br />

Chapter 484, Statues<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: AB 57 repeals the sunset date for the Safe Routes to<br />

School (SRTS) grant program, thereby extending the program<br />

indefinitely. The bill also specifies that any budget appropriation<br />

for this program shall be in addition to any federal funds allocated<br />

for this program.<br />

AB 118 (Nunez)<br />

E-09/27/20<strong>07</strong><br />

Alternative fuels and<br />

vehicle technologies:<br />

funding programs.<br />

Signed Into Law<br />

<strong>AC</strong> Transit-Support<br />

& Seek Amendments<br />

Chapter<br />

NOTE: The bill would enact the California Alternative and<br />

Renewable Fuel, Vehicle Technology, Clean Air, and Carbon<br />

Reduction Act <strong>of</strong> 20<strong>07</strong>. Beginning July 1, 2008, this bill would<br />

increase vehicles registration fees and vessel registration fees, as<br />

well as increase the smog abatement fee.<br />

The purpose <strong>of</strong> this bill is to create a funding source for research,<br />

development, and deployment <strong>of</strong> clean fuels and advanced vehicle<br />

technologies. The goal is to increase the use <strong>of</strong> less carbon<br />

intensive fuels and to increase the diversification <strong>of</strong> the state’s fuel<br />

market.<br />

SB 118 would establish two programs. One administered by<br />

CARB which would focus on grants and loans that reduce<br />

emissions, and one by the Energy Commission which would<br />

provide grants and loans on the development and deployment <strong>of</strong><br />

alternative fuel vehicles. Both <strong>of</strong> these programs could be an<br />

important funding source for <strong>AC</strong>’s fuel cell and alternative fuel<br />

program.<br />

Prior versions <strong>of</strong> the bill excluded local public agencies from<br />

applying for these funds, raised concerns that mandated programs<br />

would not be eligible, and did not mention hydrogen as an<br />

alternative fuel. While we have been told that <strong>AC</strong> should be<br />

eligible to apply for these funds, clean-up legislation may be<br />

necessary to clarify that <strong>AC</strong> Transit’s fuel cell program is an<br />

eligible applicant.<br />

2


AB 193 (Committee<br />

on Budget)<br />

E-09/10/20<strong>07</strong><br />

Transportation Signed Into Law <strong>AC</strong> Transit-Watch<br />

revenues.<br />

Chapter 313, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: As requested by the Governor, this bill makes the<br />

corrections to the budget trailer bill that redirected spill over funds<br />

to the Transportation Debt Service Fund, which is used to<br />

reimburse the general fund for debt service payments on<br />

transportation bonds. The Governor vetoed a portion <strong>of</strong> the fund<br />

transfer due to technical errors in the implementing language. AB<br />

193 restores the veto and corrects the errors.<br />

SB 193 also eliminates duplicative reporting requirements for the<br />

Local Street and Road program in Prop 1B. The implementation<br />

language in SB 88 required cities and counties to follow a more<br />

general reporting requirement as well as a reporting process that<br />

applied only to the local street and road program. SB 193<br />

eliminates the requirement for cities and counties to follow the<br />

general reporting requirements.<br />

AB 196 (Committee<br />

on Budget)<br />

E-09/10/20<strong>07</strong><br />

Transportation bond Signed Into Law <strong>AC</strong> Transit-Watch<br />

funds: cities and<br />

counties.<br />

Chapter 314, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill cleans up the implementation language for the<br />

Local Street and Road program in Prop 1B. The budget<br />

appropriated $950 million for this program. AB 196 specifies that<br />

$400 million shall be allocated to counties and $550 million to<br />

cities, which is consistent with the original appropriation request<br />

for this program.<br />

With this appropriation, a total <strong>of</strong> $600 million will remain for<br />

future appropriation to counties and a total <strong>of</strong> $450 million will<br />

remain for future appropriation to cities.<br />

AB 490 (Hancock)<br />

C-09/11/20<strong>07</strong><br />

Local government: Signed Into Law<br />

public utility districts:<br />

Alameda-Contra Chapter 213, Statutes<br />

Costa Transit <strong>of</strong> 20<strong>07</strong><br />

District: San<br />

Francisco Bay Area<br />

Rapid Transit<br />

District:<br />

compensation <strong>of</strong><br />

directors.<br />

<strong>AC</strong> Transit-Sponsor<br />

3


NOTE: As you know, the Governor signed AB 490 into law. The<br />

provisions <strong>of</strong> this bill take affect on January 1, 2008.<br />

As signed into law, AB 490 increased the compensation rate for<br />

<strong>AC</strong> Transit’s board from $500 to $1,000 per month if specified<br />

attendance requirements are met. In addition, the bill allows the<br />

<strong>Board</strong> to adjust the compensation rate for inflation. The bill also<br />

allowed BART to make inflationary adjustments, and updated the<br />

compensation rate for Public Utility Districts.<br />

AB 574 (Torrico)<br />

E-09/11/20<strong>07</strong><br />

High-occupancy toll Signed Into Law <strong>AC</strong> Transit-Watch<br />

(HOT) lanes.<br />

Chapter 498, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: As sent to the Governor AB 574 would eliminate the fouryear<br />

sunset date for each <strong>of</strong> authorized high-occupancy toll lane<br />

(HOT) projects in the Counties <strong>of</strong> Alameda, San Diego, and Santa<br />

Clara. The bill also allows each entity authorized to operate the<br />

HOT lanes to bond <strong>of</strong>f <strong>of</strong> the revenue stream.<br />

So far, signals from the Governor’s <strong>of</strong>fice are positive for a<br />

signing. The Governor’s staff is carefully reviewing each word<br />

and every comma placement to make sure there are no hidden<br />

surprises.<br />

AB 665 (DeSaulnier)<br />

E-09/12/20<strong>07</strong><br />

Growth management. Vetoed<br />

<strong>AC</strong> Transit-Watch<br />

NOTE: This bill requires the Department <strong>of</strong> Housing and<br />

Community Development, to the extent funds are available, to<br />

produce an annual Growth Management Information Report and<br />

requests the University <strong>of</strong> California to produce a study on land<br />

use planning and growth management strategies.<br />

In his veto message the Governor stated that, “some <strong>of</strong> the criteria<br />

called for in the report would require data which would be<br />

problematic, if not impossible, to gather. Also, while the bill<br />

provides that the report is only required to the extent funding is<br />

available, the bill requires HCD to make efforts to obtain the<br />

needed funding. This provision would place unnecessary pressure<br />

on HCD's general fund programs.”<br />

4


AB 945 (Carter)<br />

E-09/11/20<strong>07</strong><br />

Transportation needs Vetoed<br />

<strong>AC</strong> Transit-Watch<br />

assessment.<br />

NOTE: This bill requires the California Transportation<br />

Commission to prepare transportation needs assessment every five<br />

years. The Governor’s veto message stated that in addition to the<br />

STIP and 20 year regional transportation plans, “Californians do<br />

not need another report to tell them that the state's transportation<br />

needs are great.”<br />

The bill directs the CTC to work with regional transportation<br />

planning agencies, and statewide associations such as the League<br />

<strong>of</strong> Cities, CS<strong>AC</strong>, and the California Transit Association.<br />

Unfortunately, the bill was not amended to specifically require<br />

consultation with transportation authorities and congestion<br />

management agencies.<br />

AB 1091 (Bass)<br />

E-09/12/20<strong>07</strong><br />

Transit-Oriented Vetoed<br />

<strong>AC</strong> Transit-Watch<br />

Development<br />

Implementation<br />

Program.<br />

NOTE: For projects funded by the Transit-Oriented Development<br />

Implementation Program in Prop 1C, this bill expands the radius<br />

between an eligible project and a transit station from one-quarter<br />

mile to one-half mile. The also specifies that the distance must be<br />

readily walkable, but the bill does not define the term “readily<br />

walkable.”<br />

According to the Governor, “This bill could substantially reduce<br />

the effectiveness <strong>of</strong> (the Prop 1C TOD) program by allowing for<br />

developments one-half mile in distance from a transit station. This<br />

half-mile measurement could be taken from the outer edge <strong>of</strong> the<br />

development, and could result in a walking distance substantially<br />

greater than one-half mile, which could discourage many residents<br />

from utilizing public transit. This bill is inconsistent with the<br />

State's goals to reduce vehicle emissions and encourage<br />

alternative methods <strong>of</strong> transportation.”<br />

5


AB 1492 (Laird)<br />

E-09/28/20<strong>07</strong><br />

Vehicles: transit Signed Into Law <strong>AC</strong> Transit-Support<br />

buses: right-<strong>of</strong>-way.<br />

Chapter 451, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill allows the Santa Cruz Metropolitan Transit<br />

District (SCMTD) and the Santa Clara Valley Transportation<br />

Authority (VTA) to resume a pilot project that requires motorists<br />

to yield to a transit bus that is equipped with a right-<strong>of</strong>-way yield<br />

sign on the left rear <strong>of</strong> the bus.<br />

AB 1543 (Leno)<br />

E-09/12/20<strong>07</strong><br />

Treasure Island Vetoed<br />

<strong>AC</strong> Transit-Watch<br />

Transportation<br />

Management.<br />

NOTE: This bill creates the Treasure Island Transportation<br />

Management Act to develop and fund an innovative and<br />

sustainable transportation plan for Treasure Island and Yerba<br />

Buena Island in San Francisco Bay.<br />

The bill allows the San Francisco <strong>Board</strong> <strong>of</strong> Supervisors to create an<br />

administrative entity that would be in charge <strong>of</strong> administering<br />

congestion pricing fees, on- and <strong>of</strong>f-street parking fees, and a<br />

transit pass fee on residents and other users <strong>of</strong> Treasure Island.<br />

The revenue would be used to fund ferry, bus and other<br />

transportation services on and to the island.<br />

The veto message included the following statement, “The bill<br />

provides an exemption to existing law that prohibits local agencies<br />

from imposing new taxes, permit fees, or other charges for the<br />

privilege <strong>of</strong> using its streets and roads. This exemption would<br />

allow the imposition <strong>of</strong> automobile congestion fees, on- and <strong>of</strong>fstreet<br />

parking fees, and transit pass fees on both residents and<br />

other users. While such an exemption may be appropriate for the<br />

islands, any new fees proposed as a result <strong>of</strong> this exemption should<br />

be approved by a vote <strong>of</strong> the people. On numerous bills attempting<br />

to raise fees for local purposes, I have held that such fees should<br />

be approved by a vote <strong>of</strong> the people. This measure does not include<br />

such a provision. For this reason, I am returning this bill without<br />

my signature.”<br />

6


AB 1581 (Fuller)<br />

E-09/06/20<strong>07</strong><br />

Traffic-actuated Signed Into Law <strong>AC</strong> Transit-Watch<br />

signals: bicycles:<br />

motorcycles. Chapter 337, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill requires cities and counties, upon first placement<br />

<strong>of</strong> a traffic-actuated signal or replacement <strong>of</strong> the loop detector <strong>of</strong> a<br />

traffic-actuated signal, to install those signals that detect<br />

motorcycle and bicycle traffic on the roadway.<br />

AB 1672 (Nunez)<br />

E-09/11/20<strong>07</strong><br />

California Signed Into Law <strong>AC</strong> Transit-Watch<br />

Transportation<br />

Commission. Chapter 717, Statutes<br />

<strong>of</strong> 20<strong>07</strong><br />

NOTE: This bill would require the CTC to consult with the chairs<br />

<strong>of</strong> the appropriate policy and budget committees 60 days prior to<br />

adopting changes to guidelines for the expenditure <strong>of</strong> Proposition<br />

1B funds.<br />

In addition, AB 1672 would increase the voting members on the<br />

CTC from 9 to 11 members. One new member would be<br />

appointed by the Senate Rules Committee and one by the Speaker<br />

<strong>of</strong> the Assembly<br />

SB 70 (Florez)<br />

E-09/19/20<strong>07</strong><br />

Biodiesel. Vetoed <strong>AC</strong> Transit-Support<br />

NOTE: This bill authorizes the State <strong>of</strong> California, cities, counties,<br />

mass transit districts, and school districts to use a biodiesel fuel<br />

blend <strong>of</strong> greater than 20 percent biodiesel to operate all their<br />

diesel-powered vehicles if certain conditions are met. In addition,<br />

SB 70 defines and specifies standards for biodiesel, biodiesel<br />

blends, renewable diesel, and renewable diesel blends.<br />

The Governor’s veto message contained the following statement:<br />

“I support the goal to increase the use <strong>of</strong> biodiesel fuels, but this<br />

bill is a piecemeal approach to transportation fuels standards.<br />

Pursuant to AB 10<strong>07</strong> (Chapter 371, Statutes <strong>of</strong> 2005), the<br />

California Energy Commission, in partnership with the Air<br />

Resources <strong>Board</strong>, will shortly release the State Alternative Fuels<br />

Plan to increase the use <strong>of</strong> alternative transportation fuels in<br />

California. This effort will identify the most effective strategies for<br />

the State to use to increase the level <strong>of</strong> alternative fuel use in the<br />

California market. Until the AB 10<strong>07</strong> report's findings are known<br />

7


and reviewed, I believe it is at best premature to consider this<br />

measure at this time. Finally, this bill only encourages the use <strong>of</strong><br />

biodiesel blend fuels in school and transit buses, excluding<br />

renewable diesel fuels which are potentially higher quality than<br />

biodiesel and which could greatly expand the supply <strong>of</strong> attractive<br />

diesel fuels.”<br />

SB 717 (Perata)<br />

E-09/17/20<strong>07</strong><br />

Transportation Signed Into Law <strong>AC</strong> Transit-Support<br />

Investment Fund.<br />

Chapter<br />

NOTE: This bill would continue the transfer <strong>of</strong> Prop 42 sales tax<br />

revenue to the Transportation Investment Fund (TIF) beginning in<br />

fiscal year 2008-09 according to the existing 40-40-20 formula.<br />

The bill also alters the division <strong>of</strong> the 20% allocated to the Public<br />

Transportation Account. As amended the transit share would be<br />

split with 75% allocated pursuant to the State Transit Assistance<br />

formula and 25% allocated to transit capital projects programmed<br />

through the STIP.<br />

SB 976 (Torlakson)<br />

E-09/17/20<strong>07</strong><br />

San Francisco Bay Signed Into Law <strong>AC</strong> Transit-Watch<br />

Area Water<br />

Emergency<br />

Transportation<br />

Authority.<br />

Chapter<br />

NOTE: This bill would overhaul the authorizing statute for the<br />

Water Transit Authority, and would create the San Francisco Bay<br />

Area Water Emergency Transportation Authority.<br />

The Governor issued the following statement in signing this bill:<br />

“While I support this bill and its goals, many issues remain to be<br />

concluded to their ultimate resolution including implementation,<br />

scope <strong>of</strong> authority, and operations. These issues must be resolved<br />

in an equitable manner for the operators and passengers, both<br />

current and future. The Legislature has committed to providing<br />

that equity and I am signing this bill based on that commitment to<br />

the Bay Area. I urge the Legislature and the new created authority<br />

to work with Bay Area cities, ferry operators, commuters, and all<br />

other interested parties to ensure that equity is provided in the<br />

appropriate manner.”<br />

In summary, SB 976 makes the following changes:<br />

8


♦ Renames the WTA the San Francisco Bay Area Water<br />

Emergency Transportation Authority.<br />

♦ Reduces its board from 11 to 5 members. The Governor<br />

appoints three members, the Speaker one member, and<br />

Senate Rules Committee appoints one member. The board<br />

members must be Bay Area residents<br />

♦ Authorizes the WETA to operate ferry service in the Bay<br />

Area.<br />

♦ Consolidates the operation <strong>of</strong> all ferry service, except for<br />

Golden Gate Ferry service, under the control <strong>of</strong> WETA.<br />

♦ Repeals existing law prohibiting the WETA to receive STA<br />

and TDA funds, as well as seek tax revenue.<br />

♦ Makes conforming changes in statute regarding RM 2<br />

funded ferry projects.<br />

9

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