AC Transit

Positions on State Legislation

State Assembly Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 109 Nunez An act to amend Sections 44270.3, 44271, 44271.5, 44272, 44273, and 44274 of the Health and Safety Code, relating to air pollution. California Global Warming Solutions Act of 20 --AB 109 makes several changes to the Alternative and Renewable Fuel and Vehicle Technology Program, which was enacted last year. The most significant change is the addition of language that prohibits grants for projects that would comply with existing state, federal, or local regulations. These provisions do not differentiate between public entities and private corporations. As drafted, AB 109 would prevent AC Transit from using this grant program for its hydrogen fuel cell bus program because CARB regulations mandate AC Transit to invest in zero emission bus technology. Oppose unless amended 05-01-2008- gut and amend
AB 117 Beall Transportation authorities and districts: contracts. --AB 117 is pending on the Senate Floor. This bill increases the minimum value for which the Santa Clara VTA, AC Transit, SAMTRANS, and Golden Gate Transit must award bids to the lowest responsible bidder from $25,000 to $100,000. An agreement was reached with building trade groups limiting the use of the contracting authority to purchases other than construction material. The clarifying language that was added does not apply to AC Transit because AC's language continues to require bidding on all construction contracts over $10,000. Support 06-24-08 - Read second time. To third reading.
AB 1221 Ma Transit Village developments: infrastructure financing --AB 1221 is currently on the Senate Floor. This bill would allow a city or a county to create an Infrastructure Financing District for the purpose of financing the transit oriented development projects. Similar to Redevelopment Project Areas, IFDs would dedicate the incremental growth in property tax values to transit improvements, and AB 1221 would also require the local agency to dedicate 20% of the increment to low income housing projects within the district. The bill does not alter the existing exemption for school districts, and the local agency must negotiate with the other taxing jurisdictions before their share, if any, is dedicated to the IFD. Creation of an IFD must also be approved by a 2/3 vote of the residents within the proposed district. Support 06-17-08 Read second time, amended, and to third reading.
AB 1350 Nunez Transportation bond funds.--AB 1350 was significantly amended to establish a formula based allocation process for the transit security funds. As amended the bill would allocate 75% of the funds to transit operators in counties with a population greater that 250,000. Each operator in these counties would receive these funds in proportion to the operator's STA allocation. The remaining 25% would be allocated to the remaining operators based on the operator's proportionate share of STA funds. The bill defines an eligible project to include those that increase protection against a security threat, or the development of disaster response systems. In addition, the Office of emergency Services would administer this program and develop guidelines for the project selection process. Watch 06/07/2007- In Senate. Read first time to Com. on RLS for assignment (07/07/2007 - S RLS)
AB 1358 Leno Planning: Circulation element: transportation--This bill would enact the Complete Streets Act of 2007. The bill directs the Office of Planning and Research (OPR) to amend guidelines for the development of general plan circulation elements to include "routine accommodation of all users of the transportation system." The bill would also require the legislative body of a city or county, upon revision of the circulation element of its general plan, to modify the circulation element to identify how the jurisdiction will provide for the routine accommodation of all users of the transportation system. Watch 06/06/2007 in Senate. Read first time to COm. on RLS for assignment (06/06/2007-S RLS.)
AB 1815 Feuer California Transportation Infrastructure Funding Task Force. --Similar to Senator Torlakson's Road User Task Force proposal in SB 455, this bill would create the California Transportation Infrastructure Funding Task Force. The Task force would report to the Legislature on its recommendations on alternatives to the current system of taxing road users through per-gallon fuel taxes. Support 02/07/2008-Referred to Com. on TRANS.
AB 1836 Feuer Infrastructure Financing Districts: voter approval: repeal. --This bill would eliminate the voter approval requirement that is currently required for a city or county to create an Infrastructure Financing District (IFD). The bill retains the requirement for the city or county to obtain the approval of each taxing entity in order to establish the IFD. Similar to redevelopment districts, IFDs use tax increment financing to fund a wide range of public improvements. Watch 02/21/2008-Referred to Com. on L. GOV.
AB 1840 Calderon Sales and use taxes: retailers --This bill defines a "retailer engaged in business in this state" as any retailer that has substantial nexus with this state for the purposes of the Commerce Clause of the United States (U.S.) Constitution and any retailer upon whom federal law permits this staet to impose a use tax collection duty. This change in definition is intended to clarify if a business with a physical presence in this state that also operates a retail website, then that business must collect sales and use tax on the internet sales. It is estimated that this changes would result in the collection of an additional $11-$55 million in state and local tax revenue. Watch 04-15-2008 From Committee; DO pass and re-refer to Com. on APPR.
AB 1851 Nava Greenhouse gas emissions: sale of voluntary offsets. --This spot bill expresses the intent of the Legislature to create a process to ensure that greenhouse gas offsets sold in California meet clear and consistent standards. The bill also expresses intent to establish a process to assist local governments in generating and marketing qualifying projects for the voluntary offsets market. Watch 04-24-2008 - Re-referred to COm. on APPR
AB 1886 DeVore Property taxation: Department of Transportation real property. --This bill would specify that real property owned by the Department of Transportation not be exempt from taxation if a county assessor determines that the property has not been used for a transportation purpose for a defined time period. This bill would define a "transportation purpose" for purposes of that requirement, and would provide that the State Board of Equalization shall have authority over all appeals. Watch 02/08/2008-From printer. May be heard in committee March 9.
AB 1904 Torrico Transportation: programming of projects Although this bill does not cost the state any money, AB 1904 might result in exchanging funds between accounts which automatically triggers referral to the Assembly Appropriation Suspense File. This bill makes two changes. First, it directs the CTC to establish a process where a county may exchange a portion of its county share funds for federal transportation funds in order to finance transportation projects using GARVEE bonds. Second, for purposes of calculating state highway miles in a county for the county shares formula, would provide that the total number of nonfreeway miles in a county shall be calculated so that it is not less than the total number of nonfreeway miles that existed in the county on January 1, 2008. Support 04-15-208- Re-referred to Com. on APPR
AB 1980 Swanson Peralta Community College District: transportation fees. --AB 1980 was signed into law. This bill allows Peralta Community College District to seek student approval to collect a fee from students and employees for the purpose of paying for transportation services, such as monthly bus passes. These transportation fees collected from students must be approved by a majority vote of the students. Support 07-18-08 Chaptered by the Secretary of State, Chapter Number 145, Statutes of 2008
AB 2240 Tran Use fuel tax: exemption: biodiesel --This bill would exempt from the excise tax biodiesel produced in this state with California feedstock. Oppose 02/21/2008-From printer. May be heard in committee March 22.
AB 2388 Feuer Vehicle License Fee Law: passenger vehicles. --This spot bill declares the intent of the Legislature to enact legislation to revise the Vehicle License Fee Law to include fees on passenger vehicles for weight and carbon dioxide emissions. Watch 02/22/2008-From printer. May be heard in committee March 23.

State Senate Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 2466 Laird Local government energy producers. --Ab 2466 would allow a local government to receive a bill credit against electricity it has consumed at one or more sites for electricity it has generated and supplied to the grid at one or more renewable generating facilities by establishing a "benefiting account." Support 6-19-08 Do pass and re-refer to Com. on APPR. Re-referred.
AB 2558 Feuer Los Angeles County Metropolitan Transportation Authority: Metropolitan Tansportation Commission: climate change mitigation and adaptation fee. --This bill would allow MTC and LA MTC to seek voter approval to impose a regional "climate change mitigation and adaptation fee." The fee can be either a per gallon fuel fee that cannot exceed 3 percent of the retail price of fuel, or per vehicle fee that fee cannot exceed $90 per vehicle. The revenue generated will be used to fund projects in an expenditure plan adopted by MTC and the Air Quality Management District Board. While the bill does not define the types of projects to be funded, the programs or projects to be funded must be shown to cost-effectively reduce greenhouse gas emissions related to vehicle use. The expenditure plan would be developed in cooperation with a working group that would consist of a wide range of representatives from cities, counties, CMAs, regional entities, and academic institutions. The expenditure plan must also include an equity analysis showing the costs and benefits to each income and geographic group. Assemblyman Huffman is the point person for the Bay Area provisions in the bill. He apparantly does not support adding a return to source requirement in the bill. However, several counties, as well as MTC, are now proposing to include a 95% return to source requirement that is based on MTC's existing gas tax authority. While negotiations continue, amendments are being drafted to require a 2/3 vote on the expenditure plan by MTC and the Air District, and project categories will be added such as local street and road rehabilitation, congestion mitigation, and transit programs. Support 6-24-08 Do pass as amended, and re-refer to the Committee on Appropriations.

State Assembly Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 2625 Strickland Biodiesel. --This bill would define"biodiesel" and "biodiesel blends," and define "renewable diesel" and "renewable diesel blends." Watch 02/25/2008-Read first time.
AB 2645 Nunez Air Pollution: alternative fuels and vehicle technologies: funding programs. --AB 2645 makes minor clarifying changes to the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air and Carbon Reduction Act of 2007, which was enacted last year via AB 118. While this bill makes a couple of clarifying changes regarding the definitions of flue blend and life cycle assessment, the bill does not address an ambiguity that may prevent AC Transit from applying for these funds because it is mandated by CARB to invest in zero emission bus technology. AC Transit may want to consider requesting Speaker Nunez to amend AB 2645 to clarify that public transit operators may access these funds. Watch 04-30-2008- In committee: Set, first hearing.
AB 2705 Jones Local government: Mello-Roos Community Facilities districts: public transit. This bill would add public transit services to the types of services that may be financed under the Mello-Roos Community Facilities District act. AB 2705 was approved by the Assembly Local Government Committee on a party line vote. The bill is now pending on the Assembly Floor. Support 03-13-2008- Referred to Com. on L. Gov
AB 2744 Huffman Metropolitan Transportation Commission: fee: motor vehicle fuel. AB 2744 failed passage in the Assembly Transportation Committee. While this bill is dead, the author's office plans to insert the provisions of AB 2744 into another vehicle. Assemblyman Huffman's staff is expected to convene a working group to address various issues such as return to source and defining eligible projects. AC Transit- Watch 04-14-2008-In Committee, Set first hearing, Failed passage, Reconsideration granted.

State Senate Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 2971 DeSaulnier Fees: construction of bridges and major thoroughfares: fatality rates. --AB 2971 was approved by the Senate Committee on Transportation. This bill would establish the Fair Share for Safety program. This program would require Caltrans to periodically conduct an annual analysis for fatality rates of all modes of travel and Caltrans is encouraged to apportion federal transportation safety funds in a manner that is proportionate to the rate of fatalities for each mode of travel. This bill also authorize a local agency to charge a fee for a building permit or approving a final map that would be used to fund transportation facilities, including pedestrian, transit, and traffic-calming facilities. Watch 6-30-08 Amend, do pass as amended, and re-refer to Com. on APPR.

State Assembly Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 3021 Nava California Transportation Financing Authority. --AB 3021 was narrowly approved by the Senate Transportation Committee. This bill would create the California Transportation Financing Authority (CTFA). The purpose of the Authority is to establish a source for local agencies to publicly finance toll projects and other transportation projects. AB 3021 is sponsored by the State Treasure's Office. The bill currently defines a project to include a highway, public street, rail, or related facilities currently owned by Caltrans or the project sponsor. Watch 6-30-08 Amend, do pass as amended, and re-refer to Com on APPR
AB 3034 Galgiani Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century. --Although AB 3034 was amended and approved by the Senate Appropriation Committee, the bill is essentially dead. Passage on the Senate Floor required a 2/3 vote and they are 4 votes shy of what it needed. There was no Republican support for the bill and recent amendments resulted in a couple Dems opposing the bill as well. An effort was made in Senate Appropriation to address two controversial amendments taken in the policy committee. The amendments specify that the $9 billion in bond funds must be used for the corridor connecting the San Francisco Transbay Terminal to Los Angeles Union Station and Anaheim. However, the HSRA may use bond funds on projects not on this corridor if it adopts a finding that it will not adversely affect the completion of Phase 1, which consists of the SF to Anaheim corridor. The amendments also replace the PECG amendments with language that reaffirms the ability of the HSRA to contract with Caltrans to design and engineering work. The PECG amendments were found by Legislative Counsel to be unconstitutional. Amendments also rename the Altamont Corridor the "Merced to Stockton to Oakland and San Francisco via the Altamont Corridor." Support 6-26-08 Read second time, amended, and re-referred to Com. on T. & H.
AB 387 Duvall Design-build: transit contracts --AB 387 was signed into law. This bill exempts transit districts from a $2.5 million threshold requirement when using the design-build procurement process to acquire security technology. Support 07-22-08 Chaptered by the Secretary of Stae, Chapter Number 185, Statutes of 2008
AB 444 Hancock Congestion management: motor vehicle registration fees-- This bill would authorize the congestion management agencies in the Counties of Alameda and Contra Costa to place on the ballot a measure to impose up to a $10 fee on each vehicle registered in the county. The funds would be used for congestion relief projects as well as environmental mitigation projects. Support Senate. Read first time to COm. on RLS for assignment (06/06/2007 -S RLS)
AB 867 Davis Transportation analysis zones.--AB 867 would require transportation planning agencies to consider factors related to income and race in their regional plans. Specifically, this would require each metropolitan planning organization (MPO) and each regional transportation planning agency (RTPA) serving an area with a population greater than 300,000 to factor mobility of low-income and minority residents into its computer analysis of regional transportation analysis zones (TAZs) used to estimate travel behavior and traffic generation as part of the transportation demand model. Watch 06/05/2007-In Senate. Read first time. to Com. on RLS for assignment. (06/07/2007-S RLS)
AB 901 Nunez Transportation: Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.--AB 901 would establish a process for the allocation of $3.6 billion in Prop 1B funds that are dedicated to public transit capital improvements. Recent amendments expand the definition of an eligible project to also include projects included a regional transportation plan; requires the CTC to include in its annual report a summary of activity on all Prop 1B funding programs, and the bill requires the appropriate policy committees in the Senate and Assembly to annually hold joint hearings on the Prop 1B programs. AB 901 would establish the following allocation process for the transit funds: •Defines an eligible project to be a transit capital project that is consistent with the sponsoring agency's short range transit plan, or is consistent with the STIP, the Traffic Congestion Relief Program, or regional transportation plan. •Require transit operators and regional agencies to submit to Caltrans by June 1, a list of projects that the sponsoring agency plans begin in a given fiscal year. •Requires Caltrans to submit by September 30 of each year a list to Finance and the legislative budget committees of the projects requesting funds for the following fiscal year, and a list of each operator's share of the total available funds. •Requires the CTC to include in its annual report a summary of the transit projects and a description of the mobility improvements the transit capital program is achieving. •The Senate and Assembly transportation and budget committees are also required to hold an annual hearing on the Prop 1B programs and in particular the transit capital program. Watch 06/07/2007-In Senate. Read first time to Com. on RLS for assignment. (06/07/2007-s RLS.)

State Senate Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
AB 981 Leno Treasure Island Transportation Management Act --This bill creates the Treasure Island Transportation Management Act, which authorizes San Francisco to implement a congestion pricing program parking fees on Treasure Island. Support 7-10-08 Withdrawn from committee. Re-referred to Com. on APPR

Assembly Constitutional Amendments

Bill# Bill Author Subject AC Transit Position Last Action/Date
ACA 13 DeVore Property taxation: Department of Transportation real property. --ACA 13 is the companion measure to AB 1886. This measure amends the Constitution to remove the state's exemption from paying property taxes on parcels owned by Caltrans if specified conditions are met. Watch 02/08/2008-From printer

Federal Senate Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
S 420 Feinstein A bill for the relief of Jacqueline W. Coats--Private relief legislation to provide permanent residence to Jacqueline W. Coats, a citizen of Kenya and AC Transit paratransit operator whose husband Marlin Coats drowned while rescuing children from Ocean Beach in San Francisco. support Congressional Record, Senate Page S1289, 01-29-07

State Senate Bills

Bill# Bill Author Subject AC Transit Position Last Action/Date
SB 1093 Wiggins San Francisco Bay Area Water Emergency Transportation Authority. --SB 1093 is a spot bill that will be used to implement clean-up changes to the San Francisco Bay Area Water Emergency Transportation Authority. Watch 01/17/2008-To Com. on RLS.
SB 1165 Kuehl Environment: environmental impact report --This bill would require EIRs that are older than 5 years to be recertified before work on a project begins, and it would require public disclosure of administrative drafts. This bill would significantly impact the ability to deliver transportation projects because right-of-way acquisition, engineering, and phased construction routinely take longer than five years. SB 1165 is scheduled for hearing in the Senate Committee on Appropriations on May 12. The bill will likely be placed on the Suspense File; however, the Committee will act on Suspense File items the following week. Watch 05-01-2008- Hearing postponed by committee. (Refers to 04-24-08 hearing) (04-15-2008 S APPR)
SB 1363 Perata Transportation projects: comprehensive development lease agreements. --SB 1363 extends the sunset date from January 1, 2012 to January 1, 2013 on the authority to develop up to 4 toll road projects. Watch 02/27/2008-To Com. on T. & H.
SB 1374 Battin Vehicles: HOV Lanes. --This bill would remove the cap on the number of distinctive decals that allow hybrid vehicles to enter HOV lanes regardless of occupancy. SB 1374 would also establish a program where decals allowing single occupant access to HOV lanes to any vehicle provided that the owner of the vehicle has purchased credits that offset the carbon emissions from the vehicle. Oppose 02/22/2008-From print. May be acted upon on or after March 23.
SB 1429 Perata Bay Area state-owned toll bridges. --Regional Measure 2's authorizing statute requires project sponsors to seek funding from all other potential sources. This bill amends those requirements to also specify that project sponsors should also seek funding from state transportation bonds. Watch 02/23/2008-From print. May be acted upon on or after March 24.
SB 1731 Yee Vehicles: fees: Metropolitan Transportation Commission: congestion mitigation. --SB 1731 would authorize MTC to impose a new $1 vehicle registration fee for the purpose of implementing congestion mitigation strategies. The bill does not require voter approval of this fee. Watch 02/25/2008-Read first time.
SB 1731 Yee Vehicles: fees: Metropolitan Transportation Commission: congestion mitigation. --Due to a couple absent members, SB 1731 failed passage on the Senate Floor. Reconsideration was granted and passage is expected on the second try. This bill would authorize MTC to impose a new $1 vehicle registration fee for the purpose of implementing congestion mitigation strategies. The bill does not require voter approval of this fee. Watch 05-01-2008 - Read third time. Refused passage. Motion to reconsider. Reconsideration granted.
SB 375 Steinberg --Negotiations on SB 375 are accelerating. Senator Steinberg is actively engaged in forging an agreement between local governments, builders, and environmental groups. The main amendments being discussed this week relate to aligning the allocation of housing numbers with the new regional transportation plan. Progress has also been made on addressing local control issues relating to land use decisions. These amendments would extend the housing element from 5 to 8 years in order to provide consistent growth projection currently used for a 20 year transportation plan. In addition, cities and counties that do not zone to meet the housing numbers within a specified time frame could be subject to expedited court challenge. Support 1-28-08 Read second time. Amended. Re-referred to Com. on APPR.
SB 445 Torlakson Greenhouse gas mitigation fee. SB 445 was amended to allow regions and counties to place on the ballot a “greenhouse gas mitigation fee.” The bill provides three options for the fee. A fee may be imposed on each vehicle based on the vehicle weight and or the miles per gallon rating of the vehicle. Another fee option is to impose a per gallon fuel fee. All fee options must be approved by a majority of the voters. SB 445 specifies that the revenue shall be used to fund the following programs: • Public transit projects and programs • Congestion management projects and programs • Road maintenance and construction • Grants for to educational facilities to research methods to reduce greenhouse gas emissions • Conservation incentives for vehicle owners • Transit oriented development Support 03-06-2008 - From committee with authors amendments. Read second ime, Ammended.
SB 46 Perata Housing and Emergency Shelter Trust Fund Act of 2006-- SB 46 is another spot bill by Senator Perata that may be used to implement the infill development program or the transit village funding program contained in Proposition 1C. Watch 01/18/2007 to Committee on RLS.
SB 716 Perata Transit operators.--SB 716 implements the allocation process for the $3.6 billion dedicated to transit capital improvements. While these funds are divided amongst transit operators based on the State Transit Assistance formula, SB 45 creates an oversight process and places conditions on the allocation of these funds. SB 716 authorizes the CTC and the Controller to administer this program. However, the bill places restrictions on the CTC oversight of this program. Prior to seeking a disbursement of these funds a transit operators shall submit to the CTC a description of the project that addresses the following conditions: •The useful life of the project shall have a useful life greater than 2 years. •Estimated schedule for completion. •Total cost of the project, including identification all funding sources. •The funds must be encumbered within three years of the allocation. The CTC's review of each request is limited to determining if it is a capital project that meets the general obligation bond law requirements and it has a useful life of 10 years. The CTC shall also find that the project will become fully funded with the allocation. The CTC would then report on a quarterly basis to the Controller its actions. The Controller would then commence the allocation process. The Controller is also authorized if needed to audit the use of the funds. Watch 06/07/2007- In Assembly. Read first time. Held at Desk. (06/07/2007-A DESK)
SB 784 Torlakson State General Obligation Bond Law: reports--This bill includes a bare bones outline for creating a reporting and oversight process on the expenditure of the infrastructure bonds. It currently requires any state department or agency to report activities related to the delivery of bond funded projects to the State Treasure and the State Controller. The Treasure and the Controller would then make a joint biannual report to the Governor and specified legislative committees. Watch 03/08/07- To Com on G.O.
SB 840 Kuehl Single payer health care coverage --SB 840 was heard by the Assembly Committee on Appropriations. This bill was placed on the Suspense File, but the author and supporters were provided nearly an hour to present and discuss the merits of this bill. All bills with a potential general fund cost on excess of $50,000 are placed on the Suspense File. The Appropriations Committee is expected to act on Suspense File items on August 7. This bill creates the California Healthcare System (CHS), a single payer health care system, administered by the California Healthcare Agency, to provide health insurance coverage to all California residents. SB 840 remains in the Assembly Committee on Appropriations. While the budget deficit has diverted the Legislature's attention away from health care reform, SB 840 remains alive and continues to be a viable alternative to prior reform efforts. Support 7-16-08 Placed on APPR. suspense file
SB 947 Hollingsworth California Environmental Quality Act: Caltrans: rights-of-way--This bill would exempt from CEQA requirements the expansion of an existing overpass, on-ramp, or off-ramp that is built on an easement or right-of-way under the control of a state or local transportation agency, or a city, county, or city and county. Oppose 02/26/07- Read first time
SB 974 Lowenthal Ports: congestion relief: air pollution mitigation: regulatory fee. --SB 974 was amended and approved by the Assembly Floor on a vote of 46-24. The bill now moves to the Senate for a concurrence vote. This bill would impose a $30 fee on every container processed at the Ports of Oakland, LA and Long Beach. The revenue would be used for air quality improvements and grade separation projects. Amendments taken on July 14th address the concerns of the Port of Oakland, and outline a process on the Port of Oakland and the Executive Director of MTC craft and adopt an expenditure plan. Support 2-26-08 From inactive file to third reading file.

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