Bill Text: CA AB2762 | 2015-2016 | Regular Session | Amended
Bill Title: Transportation: Altamont Pass Regional Rail Authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2762 Detail]
Download: California-2015-AB2762-Amended.html
BILL NUMBER: AB 2762 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Baker
FEBRUARY 19, 2016
An act to amend Section 30814 of the Streets and Highways
Code, relating to transportation. An act to add Ch
apter 8 (commencing with Section 132651) to Division 12.7
of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2762, as amended, Baker. Toll bridges: pedestrians and
bicycles. Transportation: Altamont Pass Regional Rail
Authority.
Existing law provides for the creation of statewide and local
transportation agencies, which may be established as joint powers
authorities or established expressly by statute. Existing law
establishes the Bay Area Rapid Transit District, which is authorized
to acquire, construct, own, operate, control, or use rights-of-way,
rail lines, bus lines, stations, platforms, switches, yards,
terminals, parking lots, and any and all other facilities necessary
or convenient for rapid transit service.
This bill would establish the Altamont Pass Regional Rail
Authority for purposes of planning and delivering a cost effective
and responsive interregional rail connection between the Bay Area
Rapid Transit District's rapid transit system and the Altamont
Corridor Express in the Tri-Valley, within the City of Livermore,
that meets the goals and objectives of the community. The bill would
require the authority's governing board to be composed of 12
representatives and would authorize the authority to appoint an
executive who may appoint staff or retain consultants. The bill would
provide specified authorizations and duties to the authority.
This bill would require all unencumbered moneys dedicated for the
completion of the connection to be transferred to the authority. The
bill would require the Bay Area Rapid Transit District to assume
ownership of all physical improvements, and to assume operational
control, maintenance responsibilities, and related financial
obligations for the connection, upon its completion. The bill would
require the Department of Transportation to expedite reviews and
requests related to the connection. The bill would require the
authority to provide a project update report to the public, to be
posted on the authority's Internet Web site, on the development and
implementation of the connection.
By imposing new duties on local governmental entities, this bill
would create a state-mandated local program.
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.
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.
Existing law, until January 1, 2021, prohibits a toll from being
imposed on the passage of a pedestrian or bicycle over any bridge
that is part of the state highway system, as specified.
This bill would extend that prohibition until January 1, 2022.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Commute patterns throughout northern California, and in
particular through the Altamont Pass corridor, traverse the
boundaries of traditional metropolitan planning agencies. The
Altamont Pass corridor, located in the center of northern California'
s megaregion, is the gateway to the Tri--Valley--a vital node in the
bay area's economic ecosystem and a key bay area transportation
route. Strategic and planned interregional mobility is essential to
sustained economic vitality.
(b) Connecting the Bay Area Rapid Transit District's rapid transit
system and the Altamont Corridor Express in Livermore, as
recommended by the Metropolitan Transportation Commission's regional
rail plan, would increase interregional mobility, providing
much-needed highway capacity for expanded goods movement to the bay
area's five seaports. It would also relieve pressure on Interstate
580 and other transportation systems, given the exponential
population growth in the central valley.
(c) The Bay Area Rapid Transit District has stated its priority is
to operate and maintain its existing core commuter rail system;
expansion is not a priority for the Bay Area Rapid Transit District.
Recent rail expansions in other parts of the state have been
successfully implemented by single purpose agencies such as the Metro
Gold Line Foothill Extension Construction Authority and the Santa
Clara Valley Transportation Authority.
(d) The Altamont Pass Regional Rail Authority is needed to connect
the Bay Area Rapid Transit District's rapid transit system and the
Altamont Corridor Express in Tri-Valley and would be responsive to
local needs and issues by including local stakeholders in land use
and transit planning decisions.
(e) Consistent with the Bay Area Regional Rail Plan adopted by the
Metropolitan Transportation Commission (Resolution 3826), the heavy
rail connection between the Bay Area Rapid Transit District's rapid
transit system and the Altamont Corridor Express is a matter of state
interest, and all planning, analysis, alternatives, and mitigations
for projects undertaken by the Altamont Pass Regional Rail Authority
should be consistent with that state interest.
SEC. 2. It is the intent of the Legislature to
establish the Altamont Pass Regional Rail Authority to plan and
deliver a cost effective and responsive rail extension that connects
the Bay Area Rapid Transit District's rapid transit system and the
Altamont Corridor Express in the Tri-Valley, within the City of
Livermore, to address regional economic and transportation
challenges.
SEC. 3. Chapter 8 (commencing with Section 132651)
is added to Division 12.7 of the Public Utilities Code
, to read:
CHAPTER 8. ALTAMONT PASS REGIONAL RAIL AUTHORITY
132651. As used in this chapter, the following terms have the
following meanings:
(a) "Authority" means the Altamont Pass Regional Rail Authority
created under this chapter.
(b) "Bay Area Rapid Transit" means the Bay Area Rapid Transit
District's rapid transit system.
(c) "Board" means the governing board of the authority.
(d) "Connection" means an interregional rail connection between
Bay Area Rapid Transit and the Altamont Corridor Express in the
Tri-Valley, within the City of Livermore.
(e) "Phase 1 Project" means the first phase of the connection,
which will extend Bay Area Rapid Transit along Interstate 580 to a
new station in the vicinity of the Isabel Avenue interchange in the
City of Livermore.
132652. The authority is hereby established for purposes of
planning and delivering a cost-effective and responsive connection
that meets the goals and objectives of the community.
132653. By December 1, 2017, the board shall publish a detailed
management, finance, and implementation plan relating to the
connection.
132655. The governing board of the authority shall be composed of
one representative from each of the following entities to be
appointed by the governing board, mayor, or supervisor of each
entity:
(a) The Altamont Corridor Express.
(b) The Bay Area Rapid Transit District.
(c) The City of Dublin.
(d) The City of Livermore.
(e) The City of Pleasanton.
(f) The City of Tracy.
(g) The County of Alameda.
(h) The County of San Joaquin.
(i) The East Bay Leadership Council.
(j) Innovation Tri-Valley.
(k) The Livermore Amador Valley Transit Authority.
(l) San Joaquin Partnership.
132660. (a) The board may appoint an executive director to serve
at the pleasure of the board.
(b) The executive director is exempt from all civil service laws
and shall be paid a salary established by the board.
(c) The executive director may appoint staff or retain consultants
as necessary to carry out the duties of the authority.
(d) All contracts approved and awarded by the executive director
shall be awarded in accordance with state and federal laws relating
to procurement. Awards shall be based on price or competitive
negotiation, or on both of those things.
132665. The Livermore Amador Valley Transit Authority shall enter
into a memorandum of understanding with the San Joaquin Regional
Rail Commission to comanage the rail-specific elements necessary to
support the authority. For an initial one-year period, the Livermore
Amador Valley Transit Authority's administrative staff shall, if that
authority has appointed a member to the board in accordance with
Section 132655, provide all necessary administrative support to the
board to perform its duties and responsibilities and may perform for
the board any and all activities that they are authorized to perform
for the Livermore Amador Valley Transit Authority. At the conclusion
of the initial period, the board may, through procedures that it
determines, select the Livermore Amador Valley Transit Authority, San
Joaquin Regional Rail Commission, or another existing public rail
transit agency for one three-year term immediately following the
initial period, and thereafter for five-year terms, to provide all
necessary administrative support staff to the board to perform its
duties and responsibilities.
132670. The Bay Area Rapid Transit District shall identify and
expeditiously enter into an agreement with the authority to hold in
trust for the authority all real and personal property and any other
assets accumulated in the planning, environmental review, design,
right-of-way acquisition, permitting, and construction of the
connection, including, but not limited to, rights-of-way, documents,
interim work products, studies, third-party agreements, contracts,
and design documents, as necessary for completion of the connection.
132675. All unencumbered moneys dedicated for the completion of
the Phase 1 Project or the connection shall be transferred to the
authority for the completion of the connection.
132680. The authority shall not be responsible for any core
system upgrades that preexist its establishment. This includes both
existing core system deficiencies necessary to support planned
service frequency upgrades and any core system upgrades needed to
support prior system expansions, including, but not limited to, the
Silicon Valley rapid transit corridor.
132685. Upon the completion of the connection or any phase of the
connection, the Bay Area Rapid Transit District shall assume
ownership of all physical improvements constructed for that phase or
the connection, and shall assume operational control, maintenance
responsibilities, and related financial obligations of the phase or
connection.
132690. (a) The authority has all of the powers necessary for
planning, acquiring, leasing, developing, jointly developing, owning,
controlling, using, jointly using, disposing of, designing,
procuring, and building the Phase 1 Project and connection,
including, but not limited to, all of the following:
(1) Acceptance of grants, fees, allocations, and transfers of
moneys from federal, state, and local agencies, including, but not
limited to, moneys from local measures, as well as private entities.
(2) Acquiring, through purchase or through eminent domain
proceedings, any property necessary for, incidental to, or convenient
for, the exercise of the powers of the authority.
(3) Incurring indebtedness, secured by pledges of revenue
available for the Phase 1 Project or connection completion.
(4) Contracting with public and private entities for the planning,
design, and construction of the connection. These contracts may be
assigned separately or may be combined to include any or all tasks
necessary for completion of the Phase 1 Project or connection.
(5) Entering into cooperative or joint development agreements with
local governments or private entities. These agreements may be
entered into for purposes of sharing costs, selling or leasing land,
air, or development rights, providing for the transferring of
passengers, making pooling arrangements, or for any other purpose
that is necessary for, incidental to, or convenient for the full
exercise of the powers granted to the authority. For purposes of this
paragraph, "joint development" includes, but is not limited to, an
agreement with any person, firm, corporation, association, or
organization for the operation of facilities or development of
projects adjacent to, or physically or functionally related to, the
Phase 1 Project or connection.
(6) Relocation of utilities, as necessary for completion of the
connection.
(7) Conducting all necessary environmental reviews, including, but
not limited to, completing environmental impact reports.
(b) The duties of the authority include, but are not limited to,
both of the following:
(1) Conducting the financial studies and the planning and
engineering necessary for completion of the Phase 1 Project and
connection. Although this duty rests solely on the authority, the
authority may exercise any of the powers described in subdivision (a)
to fulfill this duty.
(2) Adoption of an administrative code, not later than December 1,
2017, for administration of the authority in accordance with any
applicable laws, including, but not limited to, the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division
2 of Title 5 of the Government Code), the provisions of this chapter,
laws generally applicable to local agency procurement and contracts,
laws relating to contracting goals for minority and women business
participation, and the Political Reform Act of 1974 (Title 9
(commencing with Section 81000) of the Government Code).
132694. The authority shall enter into a memorandum of
understanding with the Bay Area Rapid Transit District that shall
address the ability of the Bay Area Rapid Transit District to review
any significant changes in the scope of the design or construction,
or both design and construction, of the Phase 1 Project and
connection.
132695. The Department of Transportation shall expedite reviews
and requests related to the Phase 1 Project or connection and shall
provide responses within 60 days.
132697. On or before December 1, 2017, and annually thereafter,
the authority shall provide a project update report to the public, to
be posted on the authority's Internet Web site, on the development
and implementation of the Phase 1 Project and connection. The report,
at a minimum, shall include a project summary, as well as details by
phase, with all information necessary to clearly describe the status
of the phase, including, but not limited to, all of the following:
(a) A summary describing the overall progress of the phase.
(b) The baseline budget for all phase costs, by segment or
contract.
(c) The current and projected budget, by segment or contract, for
all phase costs.
(d) Expenditures to date, by segment or contract, for all phase
costs.
(e) A summary of milestones achieved during the prior year and
milestones expected to be reached in the coming year.
(f) Any issues identified during the prior year and actions taken
to address those issues.
(g) A thorough discussion of risks to the project and steps taken
to mitigate those risks.
132699. The authority shall be dissolved upon both the completion
of the connection and the assumption by Bay Area Rapid Transit
District of operational control of the connection as provided in
Section 132685.
SEC. 4. 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.
SECTION 1. Section 30814 of the Streets and
Highways Code is amended to read:
30814. (a) No toll shall be imposed on the passage of a
pedestrian or bicycle over any bridge that is part of the state
highway system, on which the travel of pedestrians and bicycles is
otherwise authorized, and on which tolls are imposed on the passage
of motor vehicles, including any bridge constructed pursuant to a
franchise granted under this article.
(b) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
