BILL NUMBER: SB 60 CHAPTERED
BILL TEXT
CHAPTER 327
FILED WITH SECRETARY OF STATE AUGUST 20, 1997
APPROVED BY GOVERNOR AUGUST 20, 1997
PASSED THE SENATE AUGUST 11, 1997
PASSED THE ASSEMBLY AUGUST 11, 1997
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE AUGUST 8, 1997
AMENDED IN ASSEMBLY JUNE 10, 1997
AMENDED IN SENATE APRIL 28, 1997
INTRODUCED BY Senator Kopp
DECEMBER 6, 1996
An act to repeal Section 8879.4 of the Government Code, and to
amend Sections 180.7 and 30796.7 of, to add Sections 188.5, 188.10,
188.14, 30604.5, 30685, and 30796.9 to, to add Chapter 4.5
(commencing with Section 31000) to Division 17 of, and to repeal
Section 31010 of, the Streets and Highways Code, relating to
transportation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 60, Kopp. Transportation: funding.
(1) Existing law provides alternative procedures for specified
highway seismic retrofit work, including an exemption from the
California Environmental Quality Act. This exemption is to be
repealed on June 30, 2001, or on the date the Director of Finance
certifies to the Chair of the Joint Legislative Budget Committee that
the proceeds of the Seismic Retrofit Bond Act of 1996 have been
fully expended, whichever is sooner.
This bill would extend that repeal date until the date the
Director of Transportation certifies to the Secretary of Business,
Transportation and Housing that all construction activities for the
seismic retrofit of all state-owned toll bridges is complete, or June
30, 2005, whichever occurs first.
(2) Existing law provides that the Department of Transportation
shall only use funds in the 1996 Seismic Retrofit Account in the
Seismic Retrofit Bond Fund of 1996 for seismic retrofit of
state-owned toll bridges and bridges in the second phase of that
process and that no other state funds, including toll revenues or
funds in the State Highway Account, may be used for those purposes.
This bill would repeal those provisions and require that other
additional funds be used for that seismic retrofit, as prescribed.
(3) Existing law requires the Department of Transportation to
maintain the San Francisco-Oakland Bay Bridge as a primary state
highway and to cause the bridge to comply at all times with all
lawful orders of any governmental agency or authority having
jurisdiction thereof.
This bill would prohibit local and state permitting authorities
from imposing any requirement that a bicycle, pedestrian, or mass
transit facility be constructed on the bridge as a condition for
issuing any permit, granting any easement, or granting any other form
of approval needed, for the construction of a new bridge.
(4) Existing law authorizes the San Diego Association of
Governments to impose a toll on vehicles crossing the San
Diego-Coronado Bridge, with a requirement that the revenues generated
thereby be used for specified purposes, including the payment of
maintenance costs.
This bill would require the association to deposit $33,000,000 in
the Toll Bridge Seismic Retrofit Account, as described under (5), and
to submit to the Legislature and the department a prescribed
financial plan on or before January 1, 1998, thereby imposing a
state-mandated local program. The bill would require the maintenance
of the bridge to be funded by the state pursuant to a specified
provision of law.
(5) Existing law requires the Department of Transportation to
collect tolls on state-owned toll bridges.
This bill would, until a specified date, impose a seismic retrofit
surcharge equal to $1 per vehicle for passage on the state-owned
toll bridges in the region within the area of the jurisdiction of the
Metropolitan Transportation Commission, except for vehicles that are
authorized toll-free passage on those bridges.
The bill would require that revenue generated from the surcharge
be deposited in the Toll Bridge Seismic Retrofit Account, which the
bill would create in the State Transportation Fund, and which would
be continuously appropriated without regard to fiscal years to the
Department of Transportation for the purpose of funding seismic
retrofit of currently listed bridges. The bill would thereby make an
appropriation.
The bill would authorize the department to transfer or loan, or
both, funds between the account and the State Highway Account for
cash-flow purposes to accomplish individual toll bridge seismic
retrofit requirements.
The bill would require the department to determine the date when
(a) sufficient funds have been generated for the completion of
seismic retrofit and the replacement of the San Francisco-Oakland Bay
Bridge, as specified, and (b) sufficient funds have been generated
to pay for any costs added under a specified provision relating to
the San Francisco-Oakland Bay Bridge. The bill would require the
department to notify the Secretary of State of that date, immediately
upon making that determination.
(6) The bill would appropriate $200,000,000 from the State Highway
Account in the State Transportation Fund to the Department of
Transportation for the purposes of a prescribed state-local
partnership program for expenditure in the 1998-99 fiscal year, of
which amount $250,000 would be required to be allocated to counties,
as prescribed.
(7) The bill would set forth specific legislative findings and
declarations.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8879.4 of the Government Code is repealed.
SEC. 2. Section 180.7 of the Streets and Highways Code is amended
to read:
180.7. This article shall remain in effect only until the date
the Director of Transportation certifies to the Secretary of
Business, Transportation and Housing that all construction activities
for the seismic retrofit or replacement of all state-owned toll
bridges is complete, or June 30, 2005, whichever occurs first, and as
of that date is repealed.
SEC. 3. Section 188.5 is added to the Streets and Highways Code,
to read:
188.5. (a) The Legislature finds and declares all of the
following:
(1) The department has determined that in order to provide maximum
safety for the traveling public and to ensure continuous and
unimpeded operation of the state's transportation network, six
state-owned toll bridges are in need of a seismic safety retrofit,
and one state-owned toll bridge is in need of a partial retrofit and
a partial replacement.
(2) The bridges identified by the department as needing seismic
retrofit are the Benicia-Martinez Bridge, the Carquinez Bridge, the
Richmond-San Rafael Bridge, the San Mateo-Hayward Bridge, the San
Pedro-Terminal Island Bridge (also known as the Vincent Thomas
Bridge), the San Diego-Coronado Bridge, and the west span of the San
Francisco-Oakland Bay Bridge. The department has also identified the
east span of the San Francisco-Oakland Bay Bridge as needing to be
replaced. That replacement span will be safer, stronger, longer
lasting, and more cost efficient to maintain than completing a
seismic retrofit for the current east span.
(3) The south span of the Carquinez Bridge is to be replaced
pursuant to Regional Measure 1, as described in subdivision (b) of
Section 30917.
(4) The cost estimate to retrofit the state-owned toll bridges and
to replace the east span of the San Francisco-Oakland Bay Bridge is
two billion six hundred twenty million dollars ($2,620,000,000),
eighty million dollars ($80,000,000) of which is for cable suspension
pursuant to paragraph (1) of subdivision (b) of Section 31000, as
follows:
(A) The Benicia-Martinez Bridge retrofit is one hundred one
million dollars ($101,000,000).
(B) The north span of the Carquinez retrofit is eighty-three
million dollars ($83,000,000).
(C) The Richmond-San Rafael Bridge retrofit is three hundred
twenty-nine million dollars ($329,000,000).
(D) The San Mateo-Hayward Bridge retrofit is one hundred
twenty-seven million dollars ($127,000,000).
(E) The San Pedro-Terminal Island Bridge retrofit is forty-five
million dollars ($45,000,000).
(F) The San Diego-Coronado Bridge retrofit is ninety-five million
dollars ($95,000,000).
(G) The west span of the San Francisco-Oakland Bay Bridge
retrofit, as a lifeline bridge, is five hundred fifty-three million
dollars ($553,000,000).
(H) Replacement of the east span of the San Francisco-Oakland Bay
Bridge is one billion two hundred eighty-five million dollars
($1,285,000,000), which includes eighty million dollars ($80,000,000)
for cable suspension.
(b) It is the intent of the Legislature that the following amounts
from the following funds shall be allocated through the 2004-05
fiscal year, for the seismic retrofit or replacement of state-owned
toll bridges:
(1) Six hundred fifty million dollars ($650,000,000) from the 1996
Seismic Retrofit Account in the Seismic Retrofit Bond Fund of 1996
for the seven state-owned toll bridges identified by the department
as requiring seismic safety retrofit or replacement.
(2) One hundred forty million dollars ($140,000,000) in surplus
revenues generated under the Seismic Retrofit Bond Act of 1996 that
are in excess of the amount actually necessary to complete Phase Two
of the state's seismic retrofit program. These excess funds shall be
reallocated to assist in financing seismic retrofit of the
state-owned toll bridges.
(3) Fifteen million dollars ($15,000,000) from the Vincent Thomas
Toll Bridge Revenue Account.
(4) Nine hundred seven million dollars ($907,000,000), which
includes eighty million dollars ($80,000,000) for cable suspension,
from the seismic retrofit surcharge imposed pursuant to Section
31010.
(5) Thirty-three million dollars ($33,000,000) from the San
Diego-Coronado Toll Bridge Revenue Fund.
(6) Not less than seven hundred forty-five million dollars
($745,000,000) from the State Highway Account, to be achieved as
follows:
(A) (i) Two hundred million dollars ($200,000,000) to be
appropriated for the state-local transportation partnership program
described in paragraph (7) of subdivision (d) of Section 164 for the
1998-99 fiscal year.
(ii) The remaining funds intended for that program and any program
savings to be made available for toll bridge seismic retrofit.
(B) A reduction of not more than seventy-five million dollars
($75,000,000) in the funding level specified in paragraph (4) of
subdivision (d) of Section 164 for traffic system management.
(C) Three hundred million dollars ($300,000,000) in accumulated
savings by the department achieved from better efficiency and lower
costs.
(7) Not more than one hundred thirty million dollars
($130,000,000) from the Transit Capital Improvement Program funded by
the Transportation Planning and Development Account in the State
Transportation Fund. If the contribution in subparagraph (A) of
paragraph (6) exceeds three hundred seventy million dollars
($370,000,000), it is the intent that the amount from the transit
capital improvement program shall be reduced by an amount that is
equal to that excess.
(8) The estimated cost of replacing the San Francisco-Oakland Bay
Bridge listed in subparagraph (H) of paragraph (4) of subdivision (a)
is based on the following assumptions:
(A) The new bridge will be located north adjacent to the existing
bridge.
(B) The main span of the bridge will be in the form of a single
tower cable suspension design.
(C) The roadway in each direction will consist of five lanes, each
lane will be 12 feet wide, and there will be 10-foot shoulders as an
emergency lane for public safety purposes on each side of the
main-traveled way.
(c) (1) If the actual cost of retrofit or replacement, or both
retrofit and replacement, of toll bridges is less than the cost
estimate of two billion six hundred twenty million dollars
($2,620,000,000), there shall be a proportional reduction in the
amount provided in paragraphs (3), (4), and (5) of subdivision (b)
equal to one-half of the difference between the cost estimate and the
actual cost, and there shall be an equal reduction in the amount
specified in paragraph (6) of subdivision (b).
(2) If the department determines that the actual cost of retrofit
or replacement, or both retrofit and replacement, of toll bridges
exceeds two billion six hundred twenty million dollars
($2,620,000,000), which includes eighty million dollars ($80,000,000)
for cable suspension, the department shall report to the Legislature
within 60 days from the date of that determination as to the reason
for the increase in cost and shall propose a financial plan to pay
for that increase and the Legislature shall thereafter adopt a
financial plan therefor.
(d) Annually and upon completion of the seismic retrofit of the
state-owned toll bridges, the department shall report to the
Legislature and the Governor as to the amount of funds used for that
purpose from each source specified in subdivision (b) and submit an
updated cost estimate.
(e) Notwithstanding any other provision of law, the commission
shall adopt fund estimates consistent with subdivision (b) and
reserve funds in the fund estimate to match federal funds for the
congestion mitigation and air quality program and the surface
transportation program made available to regional planning agencies.
SEC. 4. Section 188.10 is added to the Streets and Highways Code,
to read:
188.10. The Toll Bridge Seismic Retrofit Account is hereby
created in the State Transportation Fund. The money in the account
is hereby appropriated, without regard to fiscal years, to the
department for the purpose of funding seismic retrofit or replacement
of the bridges listed in Section 188.5.
SEC. 5. Section 188.14 is added to the Streets and Highways Code,
to read:
188.14. The department may transfer or loan, or both, funds
between the Toll Bridge Seismic Retrofit Account in the State
Transportation Fund and the State Highway Account for cash-flow
purposes to accomplish individual toll bridge seismic requirements.
SEC. 6. Section 30604.5 is added to the Streets and Highways Code,
to read:
30604.5. Notwithstanding any other provision of law, local and
state permitting authorities shall not impose any requirement that a
bicycle, pedestrian, or mass transit facility be constructed on the
San Francisco-Oakland Bay Bridge as a condition for issuing any
permit, granting any easement, or granting any other form of approval
needed, for the construction of a new bridge.
SEC. 7. Section 30685 is added to the Streets and Highways Code,
to read:
30685. The commission shall transfer fifteen million dollars
($15,000,000) to the Toll Bridge Seismic Retrofit Account in the
State Transportation Fund from funds in the Vincent Thomas Toll
Bridge Revenue Account.
SEC. 8. Section 30796.7 of the Streets and Highways Code is
amended to read:
30796.7. (a) Notwithstanding any other provision of law, the San
Diego Association of Governments may impose a toll on vehicles
crossing the San Diego-Coronado Bridge. The toll shall be
established by the association after conducting at least one public
hearing.
(b) The authority of the commission relative to tolls on the
bridge is hereby transferred to the San Diego Association of
Governments. All tolls established by the commission shall remain in
effect until June 30, 1995, unless changed by the San Diego
Association of Governments. Thereafter, all tolls on the bridge
shall be at the rates established by the San Diego Association of
Governments, except that at no time shall the rate of toll for Class
1 vehicles exceed one dollar and fifty cents ($1.50) per vehicle.
(c) (1) The revenues from any tolls imposed on the bridge shall be
used first for expenses related to the collection of tolls and
operation of the bridge, including, but not limited to, reimbursement
for any operating costs and, second, for improvements to the bridge
and its approaches. Tolls shall be established at an amount which
will generate revenue sufficient to meet the requirements set forth
in this paragraph, as determined by the department. Maintenance of
the bridge shall be funded by the state pursuant to Section 188.4.
(2) The revenues from any tolls imposed on the bridge may also be
used for costs incurred by the San Diego Association of Governments
in administering this section and for any of the following:
(A) Transportation services that either increase the capacity of
the bridge and its approaches or reduce the demand for travel in the
transportation corridor that includes the bridge.
(B) Alternative forms of transportation, within the transportation
corridor that includes the bridge, that reduce congestion and air
pollution, including, but not limited to, ferry service and public
transit.
(C) Capital improvements and related expenditures within the
transportation corridor for construction and maintenance of bikeways.
(d) For the purposes of this section, "transportation corridor"
means the San Diego-Coronado Bridge and its approaches which extend
from Route 5 in the City of San Diego to the North Island Naval Air
Station via Route 282, and to the Naval Amphibious Base via Route 75
in the City of Coronado.
(e) All money deposited in the San Diego-Coronado Toll Bridge
Revenue Fund prior to March 26, 1992, and not expended, encumbered,
or programmed before January 1, 1994, is appropriated to the
Controller for allocation to the San Diego Association of Governments
for the purposes of paragraph (2) of subdivision (c).
(f) Not later than June 30, 1995, and not later than June 30 of
every even-numbered year thereafter, the San Diego Association of
Governments shall adopt an expenditure plan specifying the projects
and programs that are to be funded with toll revenues, and shall
submit copies of each plan to the Senate Committee on Transportation
and the Assembly Committee on Transportation.
(g) If the San Diego Association of Governments imposes tolls
pursuant to subdivision (a), it shall reimburse the department for
costs incurred by the department in operating the bridge, collecting
tolls, and performing other related services. The association and
the department shall enter into an agreement which provides for the
full reimbursement of the department for all operating costs.
(h) The San Diego Association of Governments, not later than June
30, 1995, and not later than June 30 of each year thereafter, shall
prepare an audit, to be funded solely with toll revenues, of all
expenditures and revenue collected pursuant to this section. The
first audit shall include all expenditures and revenue collected
prior to January 1, 1995. A report of the audit shall be published
and made available to the members of the San Diego Association of
Governments, and to any member of the public who submits a written
request therefor within 30 days upon receipt of the request.
SEC. 9. Section 30796.9 is added to the Streets and Highways Code,
to read:
30796.9. (a) The San Diego Association of Governments shall
deposit thirty-three million dollars ($33,000,000) in the Toll Bridge
Seismic Retrofit Account in the State Transportation Fund.
(b) On or before January 1, 1998, the San Diego Association of
Governments shall submit to the Legislature and the department a
financial plan for the transfer of thirty-three million dollars
($33,000,000) on or before July 1, 2000, to the Toll Bridge Seismic
Retrofit Account in the State Transportation Fund.
(c) Maintenance of the San Diego-Coronado Bridge shall be funded
by the state pursuant to Section 188.4.
SEC. 10. Chapter 4.5 (commencing with Section 31000) is added to
Division 17 of the Streets and Highways Code, to read:
CHAPTER 4.5. SEISMIC RETROFIT SURCHARGE
31000. The following definitions apply for purposes of this
chapter:
(a) "Account" means the Toll Bridge Seismic Retrofit Account
created pursuant to Section 188.10.
(b) "Amenities" means any of the following:
(1) A cable suspension bridge.
(2) A bicycle facility.
(3) A transbay terminal.
(c) "Authority" means the Bay Area Toll Authority.
(d) "Bay area bridges" means the state-owned toll bridges in the
region within the area of the jurisdiction of the Metropolitan
Transportation Commission.
(e) "Department" means the Department of Transportation.
(f) "Seismic retrofit" means all work completed by the department
on the bay area bridges relating to the planning, design, and
construction of improvements to, or replacement of, those bridges for
the purpose of withstanding seismic forces, including, but not
limited to, any environmental or traffic mitigation necessary for
that work.
(g) "Surcharge" means the seismic retrofit surcharge imposed
pursuant to Section 31010.
31010. (a) There is hereby imposed a seismic retrofit surcharge
equal to one dollar ($1) per vehicle for passage on the bay area
bridges, except for vehicles that are authorized toll-free passage on
these bridges.
(b) This section shall remain in effect only until the date that
the Secretary of State receives the notice required under subdivision
(b) of Section 31050, or until January 1, 2008, whichever occurs
first, and as of that date is repealed.
31015. (a) Revenues generated from the surcharge shall not exceed
nine hundred seven million dollars ($907,000,000), unless any of the
following occurs:
(1) After completing 30 percent of the design, and after
completion of a cost estimate by the department, the authority
selects a design that costs more than the cost of a single tower
cable suspension bridge selected by the department.
(2) The authority requests funding for the replacement or
relocation of the transbay bus terminal in the City and County of San
Francisco.
(3) The authority requests funding for a bicycle or pedestrian
access that is to be added to the new bridge.
(b) If the authority does any of the things listed in paragraphs
(1) to (3), inclusive, of subdivision (a), the local share of the
project costs shall be increased by an amount equal to any additional
costs that are incurred as a result of the authority's decision.
(c) The department shall include the amenities requested by the
authority only if sufficient funds generated by the seismic retrofit
surcharge are made available to fully pay for those amenities.
31020. Revenue generated from the surcharge shall be deposited in
the account.
31050. (a) The department shall determine the date when all of
the following have occurred:
(1) Sufficient funds, not exceeding nine hundred seven million
dollars ($907,000,000), have been generated for the completion of
seismic retrofit and the replacement of the San Francisco-Oakland Bay
Bridge.
(2) Sufficient funds have been generated to pay for any costs
added under Section 31015.
(b) The department shall notify the Secretary of State of the date
determined under subdivision (a), immediately upon making that
determination.
(c) The notice required under subdivision (b) shall state that it
is being made pursuant to this section for the purposes of Section
31010.
SEC. 11. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 12. (a) Notwithstanding any other provision of law, two
hundred million dollars ($200,000,000) is hereby appropriated from
the State Highway Account in the State Transportation Fund to the
Department of Transportation for the purposes of the state-local
partnership program described in Chapter 16 (commencing with Section
2600) of Division 3 of the Streets and Highways Code for expenditure
in the 1998-99 fiscal year.
(b) Notwithstanding any other provision of law, of the amount
appropriated in subdivision (a), the Department of Transportation
shall allocate two hundred fifty thousand dollars ($250,000) to any
county as of January 1, 1997, with no less than 350 state highway
miles and no more than 360 state highway miles to be used for the
construction of transportation projects within the county.