BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 976
Author: Torlakson (D)
Amended: 9/10/07
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-3, 5/8/07
AYES: Lowenthal, Cedillo, Corbett, Harman, Kehoe, Oropeza,
Torlakson
NOES: McClintock, Ashburn, Dutton
NO VOTE RECORDED: Simitian
SENATE FLOOR : 21-13, 5/29/07
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
Ducheny, Florez, Kehoe, Kuehl, Negrete McLeod, Oropeza,
Padilla, Perata, Ridley-Thomas, Romero, Scott, Simitian,
Steinberg, Torlakson, Wiggins, Yee
NOES: Aanestad, Ackerman, Ashburn, Cogdill, Cox, Denham,
Dutton, Hollingsworth, Maldonado, Margett, McClintock,
Runner, Wyland
NO VOTE RECORDED: Battin, Harman, Lowenthal, Machado,
Migden, Vincent
ASSEMBLY FLOOR : Not available
SUBJECT : San Francisco Bay Area Water Emergency
Transportation
Authority
SOURCE : Author
CONTINUED
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DIGEST : This bill repeals the San Francisco Bay Area
Water Transit Authority and establishes a new replacement
entity, the San Francisco Bay Area Water Emergency
Transportation Authority, to consolidate and operate ferry
services in the San Francisco Bay Area and to plan and
respond to emergencies or disasters affecting the
transportation system in the San Francisco Bay Area.
Assembly Amendments delete the prior version of the bill,
which authorized the San Francisco Bay Area Water Transit
Authority (BAWTA) to coordinate waterborne emergency
response activities, and instead delete BAWTA in its
entirety and in its place create the San Francisco Bay Area
Emergency Transportation Authority with powers and duties
as specified.
ANALYSIS :
Existing law:
1. Establishes that the primary purpose of BAWTA is to
operate a comprehensive nine-county San Francisco Bay
area regional public water transit system. Authorizes
BAWTA to acquire, own, lease, construct, and operate
water transit vessels and equipment, including, but not
limited to, real and personal property, and equipment,
and any facilities of the authority, except those
facilities providing access to units of the national
park system. Requires BAWTA to 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.
2. Requires BAWTA to be funded from increases in tolls on
state-owned toll bridges in the Bay Area as approved by
the voters (Regional Measure 2) and as identified in the
expenditure plan as provided in SB 916, Perata, Chapter
715, Statutes of 2003.)
3. Establishes a $2 toll charged for two-axle vehicles
crossing toll bridges in the Bay Area and $3 is charged
for three-axle vehicles, continuing up to $10.50 for
vehicles with seven or more axles. The first $1 of the
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$2 toll was standardized as a uniform toll after the
passage of Regional Measure 1 in 1988 by Bay Area
voters. Portions of that toll were dedicated to transit
purposes serving bridge corridors as well as bicycle,
pedestrian, and water transit (ferry) system uses.
4. Provides that BAWTA would not be eligible to make claims
for funds under the Transportation Development Act or
the State Transit Assistant Program.
5. Prohibits BAWTA from exercising the power to levy any
tax or to seek that authority for any purposes.
6. Establishes the San Francisco Bay Area Metropolitan
Transportation Commission (MTC) as the transportation
planning, coordinating, and financing agency for the
nine-county San Francisco Bay Area. The area embraces
the nine counties that touch San Francisco Bay (i.e.,
Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, Solano and Sonoma) and includes 101
municipalities. MTC functions as both the regional
transportation planning agency, a state designation and,
for federal purposes, as the region's metropolitan
planning organization. As such, it is responsible for
regularly updating the Regional Transportation Plan, a
comprehensive blueprint for the development of mass
transit, highway, airport, seaport, railroad, bicycle
and pedestrian facilities.
This bill:
1. Repeals and replaces the current statutory structure for
BAWTA.
2. Provides findings and declarations relative to the
establishment of BAWTA, the San Francisco Bay Area's
vulnerability to earthquakes, and the need to establish
a coordinated disaster response transportation plan for
the region.
3. Establishes the San Francisco Bay Area Water Emergency
Transportation Authority (WETA) to plan and respond to
emergencies or disasters affecting the transportation
system in the San Francisco Bay Area. Clarifies that
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WETA is the successor agency to BAWTA.
4. Reduces the current 11-member BAWTA board with a
five-member WETA board. The new board would consist of
three unpaid gubernatorial appointees, subject to
confirmation by the Senate, one member appointed by the
Senate Rules Committee, and one member appointed by
the Speaker of the Assembly. Each board member shall be
a resident of the San Francisco Bay Area. Enumerates
the powers and duties of the board members.
5. Clarifies that WETA and not the board members, are
eligible to accept grants, contributions, and other
appropriations from any public agency, private
foundation, or individual.
6. Requires WETA to develop emergency water transportation
system management plan on or before July 1, 2009.
Requires WETA to create and adopt a
transition/consolidation plan on or before January 1,
2009. In the development of these plans, requires WETA
to cooperate to the fullest extent possible with the
MTC, the Office of Emergency Services, the Association
of Bay Area Governments, and the San Francisco Bay
Conservation and Development Commission. Requires WETA
to coordinate planning with local entities, including
those entities currently providing public water transit
services. Prior to the adoption of the plans, requires
WETA to provide copies 45 days prior to adoption, to
each city in the region. Authorizes any local entity to
comment on those plans.
7. In times of emergency as defined, designates WETA as the
Bay Area Maritime Emergency Transportation Coordinator,
to coordinate the emergency activities for all water
transportation services in the Bay Area region.
8. Requires all public water transit operators in the
region, excluding the Golden Gate Bridge, Highway and
Transportation District (Golden Gate Transit), to
consolidate their operations under the new WETA,
consistent with a transition plan to be adopted by the
new authority. Confers to WETA authority and control
over all public transportation ferries within the bay
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area region, except those owned and operated by
Golden Gate Transit.
9. Provides authority to WETA to determine entry of any
water transportation service of facility.
10.Establishes that the provisions of this bill not be
construed to be in derogation of the existing authority
of the Public Utilities Commission.
11.Provides WETA with all rights, obligations, and
responsibilities currently assumed by BAWTA. Within 60
days of the bill's enactment, requires BAWTA to transfer
and assign to WETA all existing contracts including the
transfer of revenues necessary to fund the contracts
until their completion.
12.Requires MTC to cooperate with WETA to include all
public transportation ferry plans and facilities
selected by WETA in the regional transportation plan.
13.Authorizes WETA to apply for, receive, and expend funds
for public transportation ferries and related facilities
and services.
14.Authorizes WETA to plan, develop, and operate all
aspects of water transportation facilities within the
San Francisco Bay Area including, but not limited to
terminals, parking lots, and structures.
15.Authorizes WETA to levy special benefit assessments
consistent with the California Constitution.
16.Requires WETA to independently perform a financial and
performance audit.
17.Specifies how WETA may borrow money in anticipation of
the sale of any bonds that have been issued but not sold
and delivered. Specifies a process for issuing and
utilizing bond financing.
18.Authorizes WETA to receive unallocated tax revenues from
the toll increase approved in 1988 (Regional Measure 1).
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19.Identifies WETA, in place of BAWTA, as the recipient of
project-specific Regional Measure 2 funds, as specified.
20.Modifies project descriptions and funding authorizations
currently contained in law as identified in Regional
Measure 2's Regional Traffic Relief Plan.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 9/11/07)
A T Kearney
Amalgamated Transit Union
Bay Area Council
Brandywine Realty Trust
Ellman Burke Hoffman & Johnson, APC
Emerald Fund
Heller Manus Architects
Joint Venture: Silicon Valley Network
McCarthy Building Companies, Inc.
McKesson Corporation
Morrison & Foerster LLP
North Bay Leadership Council
San Francisco Committee on JOBS
Sobrato Development Companies
Solano Economic Development Corporation
The Spinnaker
TMG Partners
Union Bank of California
Universal Paragon Corporation
VISA
JJA:mw 9/11/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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