BILL NUMBER: SB 976	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Torlakson

                        FEBRUARY 23, 2007

   An act to amend Section 66540.20 of the Government Code, relating
to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 976, as introduced, Torlakson. San Francisco Bay Area Water
Transit Authority.
   Existing law creates the San Francisco Bay Area Water Transit
Authority with specified powers and duties relative to the
development of a plan for implementation and operation of a water
transit system on San Francisco Bay. Existing law requires that the
primary focus of the authority and the plan be to provide new or
expanded water transit services and related ground transportation
terminal access services that were not in operation as of June 30,
1999.
   This bill would instead require that the primary focus of the
authority and the plan be to operate a comprehensive regional public
water transit system and to coordinate waterborne transit emergency
response activities.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66540.20 of the Government Code is amended to
read:
   66540.20.  (a) On July 10, 2003, the authority adopted the San
Francisco Bay Area Water Transit Implementation and Operations Plan,
consistent with the requirements of this title. The plan includes all
appropriate landside, vessel, and support elements, operational and
performance standards, and policies. The authority shall update the
plan, as needed, subject to a public hearing.
   (b) (1) Consistent with the requirements of this title, the
authority certified the Final Programmatic Environmental Impact
Report analyzing the expansion of ferry transit service in the San
Francisco Bay area. The authority prepared the Final Programmatic
Environmental Impact Report, adopted the Findings of Fact and
Statement of Overriding Considerations, and the Mitigation Monitoring
Plan in conformance with California Environmental Quality Act (CEQA)
guidelines. An independent evaluation conducted by the Bay Area Air
Quality Management District required by this title was also
completed.
   (2) The authority shall be authorized to operate a comprehensive
San Francisco Bay area regional public water transit system
consistent with Section 66540.24.
   (c) The primary focus of the authority and the plan shall be to
 provide new or expanded water transit services and related
ground transportation terminal access services that were not in
operation as of June 30, 1999   operate a comprehensive
regional public water transit system and to coordinate waterborne
transit emergency response activities  . The authority shall
seek to cooperatively involve in the implementation, planning, and
operations all existing water transit services and related ground
transportation agencies in whose jurisdictions existing or planned
water transit terminals are located. The authority shall operate in
good faith to avoid negatively impacting water transit services and
related ground transportation terminal access services in existence
as of June 30, 1999. The authority may not request an allocation of
any funds that were available to the Metropolitan Transportation
Commission for allocation on June 30, 1999, including the revenues
dedicated from state-owned bridges to ferry services as of June 30,
1999, and revenues derived continuously from sources in the amounts
and manner as specified in law in effect as of June 30, 1999, unless
the request is for service transferred to the authority for vessels
in operation as of January 1, 2003.
   (d) The authority may not operate water transit services that are
scheduled at the same time, from the same origin, and to the same
destination as publicly sponsored services, if those public services
were in operation as of June 30, 1999. The authority shall provide
ferry services at only those terminals in which docking rights have
been obtained with the consent of the owner of those rights.
   (e) The authority shall negotiate in good faith, as described
below, with public sponsors of existing water transit services and
related ground transportation terminal access services to provide
services in the approved plan that would expand or augment existing
services in their service district, as defined by law, or in plans of
the Metropolitan Transportation Commission that existed and were in
effect as of June 30, 1999. Good faith negotiations shall include all
of the following steps:
   (1) Notification by certified mail from the authority to the
public sponsor of existing water transit services or related ground
transportation terminal access services, hereafter referred to as the
notified agency, setting forth the specific services to be
negotiated, including performance standards and conditions and cost
reimbursement available according to the plan approved by the
Legislature.
   (2) A period of 30 days from receipt of the notification required
under paragraph (1) for the notified agency to declare in writing to
the authority by certified mail their intent to negotiate in good
faith. If the notified agency does not so declare in writing to the
authority within 30 days, the notified agency shall be deemed not
interested in negotiating for the service and the authority may
announce a competitive bid process or take actions to directly
operate the service if the board of directors of the authority makes
a public finding that the action is in the public interest.
   (3) A period of 90 days from declaration of intent to negotiate by
the notified agency for the authority and notified agency to
negotiate in good faith to reach agreement.
   (4) The authority and notified agency, by mutual agreement, may
extend the period for good faith negotiations.
   (5) Notwithstanding the procedure described in subdivision (f), if
at the end of 90 days or the mutually agreed-upon extension period
for negotiations, the authority and the notified agency have not
reached agreement for operation of the service, the authority may
announce a competitive bid process. The notified agency may
participate in that competitive bid process.
   (f) If at the conclusion of the good faith negotiations process
there is a dispute between the authority and the notified agency as
to the impact of proposed new services on existing services, the
matter shall be submitted to the Metropolitan Transportation
Commission for resolution pursuant to Section 66516.5 of the
Government Code. The Metropolitan Transportation Commission shall
make a determination based on the demand model adopted by the
authority as to whether the proposed new service will have a minor or
major impact on services existing as of June 30, 1999. A minor
impact means an impact that reasonably and potentially diverts less
than 15 percent of the passengers using services that were in
existence as of June 30, 1999. A major impact means an impact that
reasonably and potentially diverts 15 percent or more of the
passengers using services that were in existence as of June 30, 1999.
If the proposed new service will have a major impact, the authority
may not operate a water transit service in that location without
mutual agreement between the authority and the notified agency. If
the proposed new service will have a minor impact, the authority may
initiate service according to the procedures contained in subdivision
(e).