HomeMy Public PortalAbout03 March 4, 1998 Legislativei
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
LEGISLATIVE COMMITTEE MEETING
(COMMISSIONERS BOB BUSTER, TOM MULLEN, DICK KELLY)
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
3560 University Avenue, Ste. 100
Riverside, California
Conference Room A
WEDNESDAY, MARCH 4, 1998
3:00 P.M.
AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENTS
3. APPROVAL OF MINUTES - February 4, 1998
4. STATE LEGISLATIVE UPDATE
This item is for discussion and development of positions on bills listed in the
matrix and in the staff report.
5. FEDERAL LEGISLATIVE UPDATE
This item is for Receive and File.
6. ADJOURNMENT
MINUTES
February 4, 1998
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
Members Present
LEGISLATIVE COMMITTEE MEETING
MINUTES
February 4, 1998
Also Present
Supervisor Bob Buster, Chair D.J. Smith - via telephone
Supervisor Tom Mullen
Staff
Norm King, Interim Executive Director
Paul Blackwelder, Deputy Executive Director
Hideo Sugita, Assistant Director
1.. CALL TO ORDER
Chair Bob Buster called the Legislative Committee Meeting to order at
3:10 p.m.at the Riverside County Transportation Commission at 3560
University Avenue, Ste. 100, Riverside, California.
2. PUBLIC COMMENTS
There were no public comments.
3. APPROVAL OF MINUTES - January 14, 1998
M/S/C (Mullen, Buster) to approve the minutes of the January 14 1998
meeting as submitted.
4. FEDERAL AND STATE LEGISLATIVE UPDATE - FEBRUARY, 1998
Paul Blackwelder reported on the following three State bills that are directly
important to RCTC.
SB 3 (Kelley) RCTC Membership - This bill has been amended to include the
language regarding formulas approved by the Commission at their Janu
ary
meeting. The bill has been submitted to Legislative Counsel for review and
copies will be provided to members as soon as it is released.
D.J. Smith stated that this bill needs to be set for hearingduring the
g month of
April in order to be heard at the first Senate Transportation Policy Committee
p y
000002
Legislative Committee Meeting Minutes
February 4, 1998
Page 2
meeting. This needs to take place in order to meet the deadline at the beginning
of May for getting a Senate Bill out of the house of origin. This bill has been
introduced, is across the desk and will be in print in the next few days in the
latest form received by Smith & Kempton from RCTC. He stated that although
he realizes there is still much discussion regarding this bill in the County, if it is
going to be moved this year it needs to be in final form fairly quickly because
they will need to begin lobbying the bill so that it can move with as little
resistance as possible.
Supervisor Buster stated that the Commission would know within the next ten
days whether this bill would progress this legislative session or not. Supervisor
Mullen stated that he was not optimistic that the bill would move this year.
SB 459 (Kelley) Indio Intermodal Transportation Authority -Paul Blackwelder
stated that discussion of this bill could be held over until next month since this
is a Desert Area bill and Councilmember Dick Kelly was not in attendance at the
meeting.
SB 837 - SB 45 Clean UP - D.J. Smith stated this a spot bill right now that the
author of SB 45 (Kopp), submitted to deal with technical clean up. Senator
Kopp has made it clear that he does not want to deal with major changes until
we start to work through the process under SB 45 this year. It is important that
RCTC participate in discussions regarding this bill since it ig the vehicle that will
"iron out" the bugs in SB 45. He also advised the Committee that the author
of this bill will be leaving the legislature at the end of the year, and there will be
an opportunity to take a fresh look at the fundamental flaws of this bill. There
will be new Policy Committee Chairs in both houses as well in January 1999.
These new chairs may look very differently at the SB 45 process, and the
whole transportation funding issue.
Supervisor Buster questioned if there were any issues with the SB 837 that
have arisen statewide with which Riverside County should be concerned. D.J.
Smith stated that it is too early to tell, but there is a recognition that while the
State's discretion has been reduced and Caltrans will take the lead on how the
State's 25 % will be spent. Norm King stated that this differs from
Commissioner Wolf's position to the county commissions, which is that
Caltrans will continue to develop their plan, on which RCTC has been asked to
comment, but that plan will hardly be used for this particular STI P. This is
critical to both RCTC and SANBAG. D.J. Smith stated that there will be lots of
revisions to the plan, and we won't know what they are until we see the draft
next week.
Paul Blackwelder stated that he had spoken to D.J. Smith regarding SB 844
(Schiff) which is an attempt by Los Angeles County to use some of the
revenues that are in the State Highway Account (SHA) to advance some of their
projects.
000003
Legislative Committee Meeting Minutes
February 4, 1998
Page 3
D.J. Smith is currently working with SANBAG on a bill which would allow local
transportation commissions to borrow excess cash in the SHA, and be bound
to contractually pay it back with interest in order to advance local measure
projects. Paul Blackwelder stated that RCTC should be working to do this with
Hwy. 74 since there are measure funds programmed in 2004-2005. The details
will need to be worked out with the Wilson Administration, the CTC and
Committee staffs. The Los Angeles County bill is moving along in the process
and they appropriate $150 million from the SHA that will have to be paid back
by LAMTA at the appropriate time.
Supervisor Buster questioned how Riverside County could join this effort. It
was stated that the L.A. bill is out of Senate Committee, and on the Assembly
Floor. D.J. stated that he would do some checking on including additional
counties into this bill, but it has been tailored so much to Los Angeles Count
that his guess is that it would not be viewed as a friendly gesture.
Supervisor Mullen stated that if RCTC could borrow up to $200 million and find
a way to pay it back for unfunded measure projects, it would seem to him that
this would in the best interest of the State because if we are not able to
complete Measure A, we are dead in the water in Riverside County. D.J. Smith
stated this would require some type of bond covenant. He also stated that he
would speak with Pete Hathaway and Bob Remen as soon as possible to get
their opinion on this issue. Paul Blackwelder stated that the Commission has
two options, to either be amended into the L.A. bill or work with SANBAG on
their more generic bill.
D.J. Smith stated that Assemblyman Kevin Murray will be introducing a
constitutional amendment this week that would lock down the SHA funds
highway user funds, TDA funds, and the TO funds. There area approximately
y
$1.5 billion of these funds that have been transferred or loaned out since 1989
in this State. What this constitutional amendment would do is allow that in an
emergency, the legislature and the Governor can transfer or loan money from
the SHA to the General Fund for cash flow purposes, but those loans would
have to be paid back within that fiscal year with interest. Supervisor Mullen
P
stated this proposal is bad public policy as currently drafted with a required
payback within the same fiscal year. He would not vote to endorse this
amendment. Supervisor Buster stated that the overall interest of the State has
to be paramount as determined by the legislators and the Governor. If there
is a true emergency, as we have seen several times, they should have the
latitude to take care of it and people can make the case for the payback at that
point. Supervisor Mullen stated that he did not think the way to eliminate the
problem was by a Constitutional amendment.
Norm King questioned whether anything had been introduced or was likely to
be introduced on the soundwall issue for Los Angeles which would have the
affect of potentially reducing the STIP by $200 million. At the Decembe p(9
Legislative Committee Meeting Minutes
February 4, 1998
Page 4
CTC meeting, it was decided that this issue would be resolved legislatively.
D.J. Smith said that he had not seen anything yet, and Paul Blackwelder stated
that we need to watch for something to come through on this issue.
In the interest of time, Item #5 was held over until the next Legislative
Committee meeting.
There being no further items for discussion by the Committee, the meeting
was adjourned at 4:00 p.m.
AGENDA ITEM #4
RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON
DATE:
March 4, 1998
TO:
RCTC Legislative Committee
FROM:
Paul Blackwelder, Deputy Executive Director
SUBJECT:
State Legislation and Positions
Attached is a matrix of bills moving through the State Legislature which are of
importance to the RCTC and the current or proposed position for each. A copy of
each Assembly and Senate Bill identified in the matrix is attached. Staff will provide
a verbal summary of each bill and discuss the proposed recommendations with the
Committee at the meeting.
STATE HIGHWAY ACCOUNT LOAN PROPOSAL
Staff has been working with legislative staff from the other Commissions in Southern
California in an effort headed up by Eric Haley from SANBAG to propose legislation
which would allow the Commissions to make loans from the State Highway Account
to advance additional highway improvement projects. The cash balance in the State
Highway Account is expected to reach an estimated $2.2 billion within the next two
years. While these funds are programmed in the STIP for specific projects, the
projects are spread over a 6 year period. Attached is a set of Guiding Principles
established by the legislative staff working group. Eric is working with Senator Ayala
to carry this legislation once it appears acceptable provisions can be worked out. The
next step is to review the proposed principles with CTC staff. We will continue to
work with the other Commissions to develop this bill as it would allow us to advance
additional Measure A identified highway improvements such as Rte 60, 74, and 79
ahead of their current schedule in the Strategic Plan.
ACA 30 will be an integral part of making the Loan Program possible. While the
General Fund Loan repayment provisions currently proposed are probably too stringent
(within the same fiscal year), some reasonable repayment period will need to be
identified in order for the CTC to predict any reasonable cash flow schedule for the
State Highway Account necessary to develop loan agreements to advance highway/rail
improvement projects and the terms for repayment.
STAFF RECOMMENDATION:
That the Legislative Committee recommend positions to the Commission on the
various state legislation identified in the matrix, and direction to staff regarding
continued efforts to establish a loan program from the State Highway Account to
advance additional highway improvements.
00 CI 006
RCTC LEGISLATIVE COMMITTEE
LEGISLATIVE POSITIONS
March 4,1998
Legislation/Author
Description
Bill
Status
Current
Position
Recommended Position
Oppose
Support
Watch
AB 263 (Baca)
PVEA Funds For CECERT
x
AB 1623 (Figueroa)
Income Tax Credit:
Telecommuting
x
AB 1657 (Murray)
Environmental Enhancement
and Mitigation Progam
x
AB 1686 (Murray)
Retrofit Soundwall Funding -
STIP Priority
X
SB 459 (Kelley)
Indio Intermodal
Transportation Authority
SB 837 (Kopp)
Transportation - Funding - SB
45 Clean Up Bill
X
SB 950 (Johnson )
Highway Maintenance Costs
Comparison ( Private vs
Public)
X
SB 1096 (Brulte)
Heavy Duty Vehicle Emissions
Reductions
Senate Committee
Appropriations
S
SB 1851 (Kelley)
RCTC Membership
S
ACA 30
Requires Repayment Of
General Fund Loans From The
State Transportation Fund
TP&D Account
X
If
Amended
HR 4 (Shuster)
Trust Fund Off Budget
House Floor
S
HR 205 (Kim)
Trust Fund Off Budget
House Comm.
on Budget, Trans.
and Infrastructure
S
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AB 263 (BACA)
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AB 263 — 2 —
Research, for purposes of conducting a demonstration prejeet
te #rem public education program designed to improve
energy conservation by training high school students and
teachers about technologies pertaining to the reduction of
mobile source emissions and practices that will result in
significant quantifiable energy savings. The bill would require
that the money wettlel be disbursed by the Controller subject
to approval by the Director of Finance as to which court
judgment or federal agency order is the proper source of the
funds.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. (a) Notwithstanding Sections 13340
2 and 16361 of the Government Code, and to the extent
3 permitted by federal law, the sum of eighty #hettsautd
4 &Here *8%009* dollars ($ ) of the
5 money in the Federal Trust Fund, created by Section
6 16360 of the Government Code, received by the state
7 from the federal oil overcharge funds in the Petroleum
8 Violation Escrow Account, as defined by Section 155 of
9 the Further Continuing Appropriations Act of 1983 (P.L.
10 97-377) or other federal law, and consisting of federal oil
11 overcharge funds available pursuant to court judgments
12 or federal agency orders, is hereby appropriated, without
13 regard to fiscal year, to the Regents of the University of
14 California for allocation to the University of California,
15 Riverside, College of Engineering, Center for
16 Environmental Research, for purposes of conducting a
17 demonstration prejeet te trftift public education program
18 designed to improve energy conservation by training
19 high school students and teachers about technologies
20 pertaining to the reduction of mobile source emissions
21 and practices that will result in significant quantifiable
22 energy savings. The project shall utilize instruction in
23 mathematical models, and shall involve the use of
24 educational science projects, including, but not limited
•
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— 3 — AB 263
1 to, measuring levels of pollutants caused by mobile source
2 emissions in students' neighborhoods.
3 (b) The money appropriated pursuant to subdivision
4 (a) shall be disbursed. by the Controller, subject to
5 approval by the Director of Finance as to which court
6 judgment or federal agency order is the proper source of
7 those funds. p
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0
0
95
95
AB 1623 (FIGUEROA)
CALIFORNIA LEGISLATURE-.1997-98 REGULAR SESSION
ASSEMBLY BILL
No. 1623
Introduced by Assembly Member Figueroa
January 5, Isss
An act to add and repeal Sections 17052.33 and 23633 of the
Revenue, and Taxation Code, relating to taxation, to take
effect immediately, tax levy.
LEGISLATIVE COUNSEL'S DIGEST .
AB 1623, as introduced, Figueroa. Personal income tax:
bank and corporation tax: telecommutin
g program credit.
The Personal Income Tax Law . and the Bank and
Corporation Tax Law authorize various credits against the
taxes imposed by those laws.
This bill would authorize a credit against those takes for
each taxable and income year beginning on or after January
1, 1998, and before. January 1, 2005, in specified amounts for
each new qualified residential teleworking position and each
new teleworking center position, as provided, created during
the taxable or ,income year by an employer. •
This bill would take effect immediately as a tax levy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program; no.
c^• The people of the State of California do enact as £oIlows• ,
1 SECTION 1. Section 17052.33 is added to the Revenue
�2 and Taxation Code, to read:
i
B 1623 —.2 -
17052.33. (a) (1) For each taxable year beginning on
or after January 1,1998, and before January 1, 2005, there
shall be allowed to a taxpayer as a credit against the "net
tax," as defined in Section 17039, a total amount
determined in accordance with both of the following:
(A) Two hundred dollars ($200) for each new
qualified residential teleworking position created during
the taxable year by the taxpayer and staffed by an hourly
or salaried employee of the taxpayer residing in
California during the taxable year. '
(B) One hundred dollars ($100) for each new qualified
teleworking center position created during the taxable
year by the taxpayer and staffed by an hourly or salaried
employee of the taxpayer residing in California during
the taxable . year.
(2) The number of new - qualified residential
teleworking positions . and ,new. qualified teleworking
center positions created by the taxpayer during the
taxable year shall be' determined for purposes of
paragraph (1) by subtracting the • total number of
residential telewQrking employees or teleworking center
employees, as applicable, • employed by the taxpayer
during the immediately preceding taxable year, from the
number of those corresponding employees employed by
the taxpayer during thetaxable year in which the credit
is allowed. The number of residential teleworking
employees or teleworking center employees, as
applicable, 'employed by the taxpayer during a taxable
year shall be determined by dividing the total of all hours
that those employees were employed in this state by the
taxpayer .throughout the relevant taxable year by 2,000
hours. The number of employees determined pursuant to
the preceding sentence shall be rounded down to the
nearest whole number.
(b) For purposes of this section:
(1) "Residential teleworking employee" means any
, salaried or hourly employee of the taxpayer who utilizes
telecommuting and who, pursuant to a written
residential teleworking or teleworking center work
� arrangement between the taxpayer and that employee,
•
•
•
-- 3 ..--
AB 164M
1 performs 40 percent or more of the services that are p43
2 of his or her normalworkweek in his or her residence
3 without making any work -related commute trips on tie
4 days he or she is telecommuting, and is not directly
5 supervised in the performance of his or her duties while
6 at his or her residence, Any employee who does not have
7 a written residential teleworking or teleworking center
8 work arrangement with the taxpayer; but otherwise
9 meets all requirements of this paragraph for a residential
10, teleworking employee with respect to that employee's
11 services in the immediately preceding taxable year, shall
12 be considered a residential teleworking employee
13 employed by the taxpayer in the immediately preceding
14 year for purposes of determining the number of qualified
15 residential teleworking positions.
16 (2) "Teleworking" or "telecommuting" means an
17 off -site arrangement that permits an employee to work in
18 or near his or her residence for all or part of the
19 workweek.
20 (3) "Teleworking center employee'.' means any of the
21 taxpayer's employeewho utilize telecommuting and
22 who, pursuant to a written residential teleworking or
23 teleworking center work arrangement between the
24 taxpayer and the employee, performs 40 percent or more
25 of the services that are part of the employee's normal
26 workweek at a teleworking tenter as defined in
27 paragraph (4) . Any employee who does not have a
28 written residential teleworking or teleworking center
29 work arrangement with the taxpayer but otherwise
30 meets all requirements of this paragraph for a
31 teleworking center employee with respect to that
32 employee's services in the immediately preceding
33 taxable year, shall be considered a teleworking center
34 employee employed by the taxpayer in the immediately
35 preceding year for. purposes of determining the number
36 of qualified teleworking center positions.
37 (4) "Teleworking center" means any facility that is all
38 of the following:
39 (A) An office that is not the central worksite for any of
40 the taxpayer's employees.
ss
99
AB 1623 — 4
1 (B) Located in California at least nine miles from the
2 taxpayer's central worksite, and requires the employee
3 utilizing that facility to commute a shorter distance than
4 would be required in conuntiling to the taxpayer's central
5 worksite.
6 (C) Does not provide for the regular supervision of
7 employees using that facility in the performance of their
8 duties.
9 (5) "Central • worksite" means a location of the
10 taxpayer's business in California where other employees
11 of the taxpayer perform services and where the employee
12 would ordinarily and otherwise report for work and
13 perform his or her work -related duties if the employee
14 did notparticipate in a residential teleworking or
15 teleworking center work arrangement. Taxpayers may
16 have more .than one central worksite within California
17 but shall have at least one California central worksite to
18 claim the credit allowed by this section.
19 (6) "Residential teleworking , or teleworking center
20 work arrangement" means a written contract between
21 the taxpayer and employee defining the responsibilities
22 of the taxpayer and employee with respect to a job
23 allowing residential teleworking or teleworking center
24 work.
25 (c) This section shall not apply to employees engaged
26 in sales or direct marketing from their home or a central
27 site or engaged in outside sales, or to independent
28 contractors or subcontractors. An employee who qualifies
29 under subdivision (b) as both a residential teleworking
30 employee and a teleworking center employee shall be
31 deemed for purposes of this section only to be a
32 residential teleworking employee.
33 (d) In the case where the credit allowed by this section
34 exceeds the "net tax," the excess may be carried over to
35 reduce the "net tax" in succeeding years until the credit
36 is exhausted or for 10 succeeding years, whichever occurs
qr./ sooner.
(e) This section shall remain in effect only until
December 1, 2005, and as of that date is repealed.
However, any unused credit amount may continue to be•
•
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•
•
•
•
•
-S— AB 1623
1 carried forward, as provided in subdivision (d) of this
2 Taxatisectionon .
3 SEC. 2.Code, to read:
. Section 23633 is added to the Revenue and
4
5 23633. (a) (1) For each income year beginning on or
6 after January 1, 1998, and before January 1, 2005, there
7 shall be allowed to a taxpayer as a credit against the "tax,"
8 as defined in Section 23036, a total amount determined in
9 accordance with both of the following:
10 (A) .Two hundred dollars ($200) for each new
11 qualified residential teleworking position created by the
12 taxpayer and staffed by an hourly or salaried employee of
13 the taxpayer residing in California during the income
14 year.
15 (B) One hundred dollars ($100) for each new qualified
16 teleworking center position created during the income
17 year by the taxpayer and staffed by are hourly or salaried
18 employee of the taxpayer residing in California during
19 the income year.
20 (2) The , number of new qualified residential
21 teleworking positions and new qualified teleworking
22 center positions created by the taxpayer during the
23 income year shall be determined for purposes of
•24 paragraph (1) by subtracting the total number of
25 residential teleworking employees or teleworking center
26 employees, as applicable, employed by the taxpayer
27 during the immediately preceding income year, from the
28 number of those corresponding employees employed by
29 the taxpayer during the income year in which the credit
30 is allowed. The number of residential teleworking
31 employees or teleworking � center employees; as
32 applicable, employed by the taxpayer during an income
33 year shall be determined by.dividing the total of all hours
34 that those employees were employed in this state by the
35 taxpayer throughout the relevant income year by 2,000
36 hours. The number of employees determined pursuant to
37 the preceding sentence shall be rounded down to the
38 nearest whole number.
39 (b) For purposes of this section:
AB 1623 — 6 —
1 (1) "Residential teleworking employee" means any
2 salaried or hourly employee of the taxpayer who utilizes
3 telecommuting and who, pursuant to a written
4 residential teleworking or teleworking center work
5 arrangement *between the taxpayer and that employee,
6 performs 40 percent or more of the services that are part
7 of his or her normal workweek in his or her residence,
8 without making work -related commute trips on the days
9 he or she is telecommuting, and is not directly supervised
10 in the performance .of his or her duties while at his or her
11. residence. Any employee who does not have a written
12 residential teleworking or teleworking center work
13 arrangement with the taxpayer, but otherwise meets all
14 requirements of this paragraph for a residential
15 teleworking employee with respect to that employee's
16 services in the immediately preceding income year, shall
17 .be considered a residential teleworking employee
18 employed by the taxpayer in the immediately preceding
19 income year for purposes of determining the number of
20 qualified residential teleworking positions.
21 (2) "Teleworking" or "telecommuting" means an
22 pff-site arrangement that permits an employee to work in
23 or near his or her residence for all or part of the
24. workweek
25 (3) "Teleworking center employee" means any of the
26 taxpayer's employees who utilize telecommuting and
27 who, pursuant to a written residential teleworking or
28 teleworking center work arrangement between the
29 taxpayer and the employee, performs 40 percent or more
30 of the services that are part of the employee's normal
31 ' workweeks . at a teleworking center as defined in
32 paragraph (4) . Any employee who does not have a
33 :written residential teleworking or teleworking center it--\
34 work arrangement with the taxpayer but otherwise Nod
35 meets .all requirements of this paragraph for a
36 teleworking center employee with respect to that
37 employee's services in the immediately. preceding
38 income year, shall be considered a teleworking center
39 employee employed by the taxpayer in the immediately
411)
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20
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24
25
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27
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29
30
31
32
33
34
35
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37
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7
AB 1623
preceding income year for purposes of determining the
number of qualified teleworking center positions. �
(4) "Teleworking center" means any facility that is ally:,
of the following:
(A) An office that is not the central worksite for any of c)
the taxpayer's employees.
(B) Located in California at least nine miles from the
taxpayer's central worksite, and requires the employee
utilizing that facility to commute a shorter distance that
would be required in commuting to the taxpayer's central
worksite.
(C) Does not provide for the regular supervision of
employees using that facility in the performance of their
duties.
(5) "Central worksite" means a location of the
taxpayer's business in California where other employees
of the taxpayer perform services and where the employee
would ordinarily and otherwise report for work and
perform his or her work -related duties if the employee
did not participate in a residential teleworking or
teleworking center work arrangement. Taxpayers may
have more than one central worksite within California,
but shall have at least one California central worksite to
claim the credit allowed by this section.
(6) "Residential teleworking or teleworking center
work arrangement" means a written contract between
the taxpayer and employee defining the responsibilities
of the taxpayer and employee with respect to a job
allowing residential teleworking or teleworking center
work.
(c) This section shall not apply to employees engaged
in sales or direct marketing from their home or a central
site or engaged in outside sales, or to independent
contractors or subcontractors. An employee who qualifies
under subdivision (b) as a residential teleworking
employee and a teleworking center employee shall be
deemed for purposes of this section only to be a
residential teleworking employee.
(d) In the case where the credit allowed by this section
exceeds the "net tax," the excess may be carried over to
99
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AB 1657 (MURRAY)
C
i
CALIFORNIA LEGLSLATURE-1997-88 REGULAR SESSION
ASSEMBLY BILL
No. 1657
Introduced by Assembly Member Murray
January 12,1998
An act to amend Section 164.56 of the Streets and Highways
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1657, as introduced, Murray. Transportation facilities:
Environmental Enhancement and Mitigation Program Fund.
Existing law states that it is the intent of the Legislature,
commencing July 1, 1991, to allocate $10,000,000 annually for
10 years to the Environmental Enhancement and Mitigation
Demonstration Program Fund. Under these provisions, local,
state, and federal agencies and nonprofit entities may apply
for and receive grants, as specified, for environmental and
mitigation projects related to the environmental impact of
modifying existing fransportation facilities or for the design,
construction, or expansion of new transportation facilities.
This bill would delete the 10-year limitation of the existing
law and instead would specify that it is the intent of the
Legislature to allocate 4110,000,060 annually. to the fund which
would be renamed the Environmental Enhancement and
Mitigation Program Fund. The bill also would make related
changes.
Vote: majority. Appropriation:. no. Fiscal committee: yes.
State -mandated local program: no.
A8 1657 --- 2 --
The people of the State of Calif ornia do enact as follows:
1 SECTION 1. Section 164.56 of the . Streets and
2 Highways Code is amended to read:
3 164.56. (a). It is the intent of the Le'
gislatures
4 eemmexeing July 47 }99}; to allocate ten million dollars
5 ($10,000,000) annually for 40 Deere to the Environmental •
6 Enhancement and Mitigation Demonstration Program
7 Fund, which is hereby created.
8 (b) Local, state, and federal agencies and nonprofit
9 entities may apply for and receive grants, not to exceed
10 five million dollars ($5,000,000) for any single grant, to
11 undertake environmental enhancement and mitigation
12 projects that are directly or indirectly related to the
13 environmental impact of s modifying existing
14 transportation facilities or for the design, construction, or
15 expansion of new transportation facilities.
16 (c) Projects eligible for funding include, but are not
17 limited to, all of the following:
18 (1) Highway landscaping and urban forestry projects
19 designed to offset vehicular emissions of carbon dioxide.
20 (2) Acquisition or enhancement of resource lands to
21 mitigate the loss of, or the detriment to, resource lands
22 lying within the right-of-way acquired for proposed
23 transportation improvements.
24 (3) The preVisient of roadside Roadside recreational
25 opportunities, including roadside rests, trails, trailheads,
26 and parks.
27 (4) Projects to mitigate the .impact of proposed
28 transportation facilities or tb enhance the environment,
29 where the ability to effectuate the mitigation or
'30 enhancement measures is beyond the scope of the lead
31 agency responsible for assessing the environmental
32 impact of the proposed transportation improvement.
33 (d) Grant proposals shall be submitted to the
34 Resources Agency for evaluation in accordance with
35 procedures and criteria prescribed by the Resources
36 Agency. The Resources Agency shall evaluate proposals
37 submitted to it and prepare a list of proposals
38 recommended for funding. The list may be revised at any
•
0
0
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0
;
AB 16tq
1 time during the 40/year demettetwatieft periled. Prior 7g
2 including a proposal on the list, the Resources Agenen
g shall make a finding that the proposal is eligible %
4 funding pursuant to subdivision (f). O
g (e) Within the fiscal limitations of subdivisions (a) and
g (b), the commission shall annually award grants to fund
7 proposals that are included `on the list prepared by the
g Resources Agency pursuant to subdivision (d) .
g (fl .Projects funded pursuant to this section shall be
10 projects that contribute to mitigation of the
11 environmental effects of transportation facilities, as
12 provided for by Section 1 of Article XIX of the California
13 Constitution.
O
99
AB 1686 (MURRAY)
66
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NOISS3S 86-L66I-311fUrISIO3'I.VIN1103I'ItrJ
.B 1686 — 2 —
iundwall retrofit projects on the department's priority list
ould not be funded as regional soundwall projects.
Vote: majority. Appropriation: no. Fiscal committee: yes.
late -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 163 of the Streets and Highways
2 Code is amended to read:
3 163. The Legislature, through the enactment of this
4 section, intends to establish a policy for the use of all
5 transportation funds that are available to the state,
6 including the State Highway Account, the Public
7 Transportation Account, and federal funds. The
8 department and the commission shall prepare fund
9 estimates pursuant to Sections 14524 and 14525 of the
0 Government Code based on the following:
1 (a) Annual expenditures for the administration of the
2 department shall be the same as the most recent Budget
3 Act, adjusted for inflation.
4 (b) Annual expenditures for the maintenance and
5 operation of the state highway system shall be the same
6 as the most recent Budget Act, adjusted for inflation and
7 inventory.
8 (c) Annual expenditure for the rehabilitation of the
9 state highway system shall be the same as the most recent
;0 Budget Act, or, if a long-range rehabilitation plan has
;1 been enacted pursuant to Section 164.6, it shall be based
'2 on planned expenditures in a long-range rehabilitation
;3 plan prepared by the department pursuant to Section
;4 164.6.
:5 (d) Annual expenditures for local assistance shall be
:6 the amount required to fund local assistance programs
,7 required by state or federal law or regulations, including,
:8 but not limited to, railroad grade crossing maintenance,
:9 bicycle lane account, congestion mitigation and air
30 quality, regional surface transportation programs, local
31 highway bridge replacement and rehabilitation, local
32 seismic retrofit, local hazard elimination and safety, local
•
•
•
•
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•
•
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—3- AB 1686C7')
1 federal demonstration projects, and local emergency `',;1
2 relief. �
g (e) Annual expenditures for the soundwall retrofit c)
4 program shall be the amount required to complete by O
5 July 1, 2002, the design and construction of the soundwalls
g included on the May 3, 1989, priority list established by
7 the department pursuant to Section 215.5.
8 Notwithstanding any other provision of law, the
g department may recommend to the commission that a
10 soundwall project be deleted from the list, and the
11 commission, based upon that recommendation, may
12 delete the project if it determines the project is not cost
13 effective, and the deletion of the project will not
14 negatively impact the public health, safety, and welfare.
15 (I) After deducting expenditures for administration,
16 operation, maintenance, local assistance, safety,. tuft'
17 rehabilitation, and soundwall retrofit pursuant to
18 subdivisions (a), (b), (c), aftfil (d) , and e, and for
19 expenditures pursuant to Section 164.56, the remaining
20 funds shall be available for capital improvement projects
21 to be programmed in the state transportation
22 improvement program.
23 SEC. 2. Section 164 of the Streets and Highways Code
24 is amended to read:
25 164. (a) Funds made available for transportation
26 capital improvement projects under subdivision fie)- (I)
27 of Section 163 shall be programmed and expended for the
28 following program categories:
29 (1) Twenty-five percent for interregional
30 improvements.
31 (2) Seventy-five percent for regional improvements.
32 (b) Sixty percent of the funds available for
33 interregional improvements under paragraph (1) of
34 subdivision (a) shall be programmed and expended for
35 improvements to state highways that are specified in
36 Sections 164.10 to 16420, inclusive, and that are outside
37 the boundaries of an urbanized area with a population of
38 more than 50,000, and for intercity rail improvements.
39 (c) Not less than 15 percent of the amount of funds
40 programmed under subdivision (b) shall be programmed
ss
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— � —' 9891
SB 459 (KELLEY)
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SB 459
-- 2 --
mandated by the state. Statutory provisions establish •
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows: 1
1 -SECTION 1. This act shall be known and may be cited
2 as the East Valley Indio Intermodal Transportation
3 Authority Act.
4 SEC. 2. Division 14 (commencing with Section
5 141000) is added to the Public Utilities Code, to read:
6
7 DIVISION 14. EAST *MATEY INDIO
8 INTERMODAL TRANSPORTATION AUTHORITY
9
10 141000. For purposes of this division, the following
11 terms have the following meanings:
12 (a) The "authority" is the East Valley Indio •
13 Intermodal Transportation Authority created under this
14 division.
15 (b) The "board" is the board of directors of the
16 authority, appointed .under Section 141010.
17 141005. The East Valley Indio Intermodal
18 Transportation Authority is hereby created to serve as the
19 single governing agency, recognized by the Geaehella
-26 Valley Asseeiatien of Governments.; the amide Comity
21 Trransperta#ieft 6essien; the California
22 Transportation Commission and the United States
23 Department of Transportation, for the following
24 purposes:
25 (a) Serving as the primary authority for managing and
26 operating . intermodal passenger transportation and
27 related infrastructure within the eastern Goaehella
28 Valley City of Indio.
29 (b) Serving as the primary authority for intermodal
30 less -than -carload freight' transportation and related
to
•
•i•
•
SB
r41
•
1 infrastructure within the Geaeheila � �(49
as te*
2 Riverside8et�*; e'
3 -(e)- SerfAng ftif the primary atitherity for facilities and
4 services and related width* the
eastern
5 Geaelteile Valley:
6 4€1). City of Indio.
7 (c) Establishing, • maintaining, and operating an
8 independent political and administrative structure by
9 which to implement passenger and freight transportation
10 initiatives.
11 ie+
12 (d) Completing planning and environmental studies
13 to ascertain project feasibility.
14 {f}
15 (e) Being available for designation as lead agency for
16 purposes of .environmental review, entitlement
18 permitting, and public participation.
ig}
19 (fl Acquiring, by grant, Purchase, condemnation, gift,
20 devise, or lease, and holding, using, Selling leasing, or
21 disposing of, any real and personal property necessary for
22 the full exercise, or convenient or useful for the carrying
23 on of, any of the authority's powers.
24 ilt*
r • (8) Fixing rates, parking fees, charges, or rents for the
26 use of any facilities acquired, constructed, operated, or
27 maintained by the authority, and modifying
28 .its pleasure, subject to any contractuig^ho��at
29 may entered into by the authority with respect to the
30 fixing of those rates, fees, charges, or rents.
31 *
32 (h) Obtaining funds and sustaining the planning,
33 development, maintenance, and operation of the
� East
Indio Intermodal Transportation Center.
� (i) Accepting gifts, subventions, grants, rebates, and
37 subsidies from any source.
38 ik*
39 � EnteringIto indentures.
40
SB 459 —4-
1 (k) Issuing tax exempt revenue bonds and coupons.
2 int-} .
3 (1) Spending moneys and incur ing indebtedness to
4 , fulfill its purpose,
5 141010. The authority shall be governed by a board of
6 directors composed of seven members who shall be
7 limited to three terms of four years and shall be appointed
8 by, the City. Council of the City of Indio.
9 141015. The board shall do all of the following;
0 (a) Elect a chairperson, vice chairperson, and
1 secretary. • •
2 (b) Supervise and regulate all facilities owned by,. and
3 all operations of, the authority.
4 (c) Enter into contracts necessary for the full exercise
5 of the powers of the authority.
6 (d) Conduct an annual audit of all accounts of the
7 authority.
8 1.41020. All meetings of the board shall be conducted
9 � in accordance with Chapter 9 (commencing with Section
0 ` 54950) of Part 1 of Division 2 of Tide 5 of the Government
1 Code..
2 141025. No officer or 'employee of the authority shall
3 in any manner be interested, directly or indirectly, in any
4 contract awarded, or to be awarded by, the board, or in
5 the profits to be derived -therefrom contrary to the
6 provisions of Article 4 (commencing with Section 1090)
1 of Chapter 1 of Division 4 of Title 1 of the Government
8 Code.
9 141040. (a) The authority may issue general and
0 special revenue bonds for the acquisition, constructions or
1 completion of any works, equipment, materials, supplies,
2 properties, or structures necessary or convenient to carry
3 out the objects and purposes of this division.
4 (b) The total amount of bonds outstanding shall not be
5 in excess of one hundred million dollars ($100,000,000) at
6 any one time.
1,(c) Each separate improvement shall be designated as
9 cdrrproject" and the purpose, nature, and extent thereof
9 mall be described in general terms prior to the issuance
gf: any bonds.
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—5
#10 "c
• SB 459
1 _ (d) The validity of the authorization and issuance of
2 any revenue bonds by the authority is not dependent on
3 nor affected in any way by any of the following:
4 (1) Proceedings taken by the authority for the
5 acquisition, construction, or completion of any
6 improvement or any part thereof.
7 (2) Any contracts made by the authority for the
8 acquisition, construction, or completion of � any).
9 improvement.
10 (3) The failure to complete any improvements for
11 which bonds are authorized to be issued.
12 (e) The authority shall issue revenue bonds in its name
13 only. These bonds shall constitute obligations of the
14 authority. only, and neither the payment of principal or
15 interest of any bond constitutes a debt, liability, or
16 obligation of the State of California. The authority shall
17 determine the time, form, and manner of the issuance of
18 revenue bonds.
19 (f) The authority may enter into indentures providing
20 the aggregate principal amount, date or dates, maturities,
21 interest rate, denomination, form, registration transfer,
22 and interchange of the bonds and coupons and the terms
23 and conditions upon which the bonds and coupons shall
24 be executed, issued, secured, sold, paid, redeemed,
25 funded, and refunded. Reference to this division shall be
26 made on the face of the bonds to those indentures by its
27 date of adoption, or the apparent date, on the face thereof
28 and into the body, of these bonds and their appurtenant
29 coupons. Each taker and subsequent holder of these
30 bonds or coupons, whether the coupons are attached or
31 detached from the bonds, has recourse , to all of the
32 provisions of the indenture and of this division, and is
33 bound thereby.
34 141045. (a) The authority may acquire, construct,
35 own, operate, control, or use right-of-way, rail lines, bus
36 lines, stations, platforms, switches, yards, terminals, and
37 any and all off er facilities, equipment, and infrastructure
38 necessary and convenient to : provide intermodal
39 transportation services, together with all physical
93
93
sB 45s — s
I structures necessary or convenient for the access of
2 persons and vehicles thereto.
3 (b) 'The authority may acquire any interest in, or rights
4 to, the joint use of any or ,all of the things listed in
5 subdivision (a) .However, installations in any street, road,
6 or other property devoted to a public use shall be subject
7 to consent of the governing body in charge of such public
8 use.
9 141050. The authority shall not interfere with, or
10 exercise any control over, any transit facilities now or
11 hereafter owned, and operated wholly or partially within
12 the district by any city or public agency, unless by consent
13 of the city or public agency, and upon any terms that are
14 . mutually agreed upon between the board and the city or
15 public agency.
• 16 SEC. 3. No reimbursement is required by this act
17 pursuant to Section 6 of Article XIII B of the California
18 Constitution because certain costs that may be incurred
19 by a local.' agncy or school district are the result of a
20 program for which legislative authority was requested by
21 that local agency or school district, within the meaning of
22. Section 17556 of the Government Code, and, as to other
23 - costs that may be incurred, a local agency or school
24 district has. the authority to levy service charges, fees, or
25 assessments sufficient to pay for the program or level of
26 service 'mandated by this act, within the meaning of
27 Section 17556 of the Government Code.
28 Notwithstanding Section 17580 of the Government
29 Code, unless otherwise specified, the provisions of this act
30 shall become operative on the same date that the act
31 takes effect pursuant to the California Constitution.
oi•
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93
SB 837 (KOPP)
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C73
0
•
•
SB 837 — 2 —
(2) Existing law requires the department, in cooperation.
vith local transportation officials, to develop, and submit to
he commission for approval, guidelines• to implement the
rraA4'c Systems Management Program in the major
urbanized areas of the state, as prescribed, including a list of
projects to be eligible for funding under the program. Existing
iw authorizes the commission to allocate funds for projects
n that list.
This bill would delete those provisions
(3) The bill would make technical changes to provisions of
xistinglaw.
(4) The bill would declare that it is to take effect
nmediately as an urgency statute.
-(4)- &listing law ereates the des . Angeles Gettnity
fetre�� � the Transportation ��1� as the sueeesser
Rapid Transit 144'4e4 and
te Les wee County Transportation 8entmissiea: The
tstriet and eemtnissieft are akteksheth
This bill k! abolish the authority and iyetrlei ereate the
es Angeles Transit Bistriet; the des Angeles flail Authority;
ad the des Angeles 6e Transportation Grommissiex as
teeesser egetteies; as epeeifie#:
$eeause the ereatieft of sueeesser ageneies would require
to eetxt#y te eextittet eleetiefts er appoint Viers to these
;eaeiee; the bill would impose estateimandated local
eegrant by ereating new des %er a lsesl geyerrunemittl
ill* The Galifernia Geestitutieft requires the state te
use !lima agetieies and sekeel distriets for eerktift eeste
iandated by
sns establish
=eee�ree for" � Statutory
of e State Maftliatesto of
aftelates that de net emeeed ity};A8A;999 statewide and ether
'ecedures for elaints whose stt4ewie}e eests cxcccd
This hill would provide that, if the 6esien eft State
attelates determines that the hill eettta4ftseestsmandated by
:e sty reintbur9e�e� fey these eests . ska�} be made
trsttant te these statutory previsions:
•
•
•
•
•
•
•
•
SB 837 co
Vote: majority 2/3. Appropriation: no. Fiscal committee:
yes. State -mandated local program: des no. - c :�
The people of the State of California do enact as follows: c)
1 5EGT-ION 4: Part 46 4eemmetteitig with Seet4eft
2 SECTION 1. Section 65082 of the Government Code
3 is amended. to read:
4 65082. (a) (1) A four-year regional transportation
5 improvement program shall be prepared, adopted, and
6 submitted to the California Transportation Commission
7 on or before January 5, 1998, and December 15 of each
8 odd -numbered year thereafter, updated every two years,
9 pursuant to Sections 65080 and 65080.5 and the guidelines
10 adopted pursuant to Section 14530.1, to include regional
11 transportation improvement projects and programs
12 proposed to be funded, in whole or in part, in the state
13 tran� tation t
improvemenprogram.
14
15 (2) Major projects shall include current costs updated
16 as of November 1 of the year of submittal .and escalated
17 to the appropriate year, and be listed by relative priority,
18 taking into account need, delivery milestone dates, as
19 defined in Section 14525.5, and the availabilityof funding.
20 (b) Except for those counties that do not prepare a
21 congestion management program pursuant to Section
22 0088.3, • congestion management programs adopted
23 pursuant to Section 65089 shall be incorporated into the
24 regional transportation improvement program
25 submitted to the commission. by December 15 of each
26 odd -numbered year.
27 (c) Local projects not .included in a congestion
28 management program shall not be included in the
29 regional transportation improvement program. Projects
30 and programs adopted pursuant to subdivision (a) shall
31 be consistent with the capital improvement program
32 adopted pursuant, to paragraph (5) of subdivision (b) of
33 Section 65089, and the guidelines adopted pursuant to
34 Section 14530.1.
98
98
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SB 837 — 6
1 itighway system +rhea measured by the aymber ef 411
2 'Aide/trips and without � through�efRe Ififtee7 6 1�e ire+ eF
413* WAe lea shed deseribe the types of
eftpitait
8 ge'eJeefe Ee be, eligible for Ong under the grew
7 shell be based upon the development ef effeetive
+raffle managetiteftt system" through the use of
traffie
fttiel systems; ifteludiftg; but net
10 � meters; teeter bypass laftes;�
11 television sxne �integrated �sEsEelleveaktle menage e 12 ead Meal traffie eparAgeny eeAtere: The guidelines
14 13 �'the eeiEaristebeused in prioritie�
15 ftuttlittg
� rejeets7 The eriteria may �e}ulo- but are
16 for eae� state evittg ��eeEeeen8eskieerelief
pot* the
117 8 rapidiwith whit+ the
and the usefttiftess
�F will relieveeft; EY
menstratiett prejeets te researelt anti
20 systems:
i19 develeptfteftt ift the field mplement
9e�er eeetrel
21
Ee)- The departmeiti shall submit the estethe 0
22eenintissieft by der 4, 49897 The eenuniesieft sly
� approve the by November 4; 49897
-fel} By Marelt 1988; aeiit! each December }
� thereafter; pursuant
shall submit te the eemmiesiett trairte systems
to Q •
28 list27 ��v}uek iaelules s eensek�e� gimpy
� plaits:
from leeeF eeAgest�8
{e} The eel may e}leeete fps to any project
31 eft the prierity
32 list;f�eee� that
same &Jett!
33 year to fund all of he higher priority flrejeeEsent funds available during � +vAeelt the
� �� tobeready ter �during
36 * The eenimissiett shall give first priority
37 @reJeeEe in eevnEies and eiFiesthat he �
39 38 � , �'a'� e� are fully� �8 with d�e�' - -- fl-- of tie systems
management $rejeeEo-
4,1
•
— 7 — SB 837
1 SEC. 4. Section 188.10 of the Streets and Highway �
2 . Code, as added by Section 62 of Chapter 622 of theme
3 Statutes of 1997, is amended to read: p
4 188.10. (a) The commission, with assistance from the
5 department 'and regional agencies, shall maintain- a
6 long-term balance of shares, shortfalls, and surpluses for
7 regional improvement programs..
g (b) The balance shall include all of the following:
g (1) Shares from the fund estimate for each state
10 transportation • improvement program pursuant to
11 Section 14525 of the Government Code.
12 (2) Amounts programmed in each state transportation
13 improvement program pursuant to Section 14529 of the
14 Government Code.
15 (3) Surpluses or shortfalls due to reservations or
16 advancements pursuant to subdivision * (j) of Section
17 188.8.
18 (4) Amounts deducted or added because -of changes in
19 project development costs or a cost increase or sayings in
20 the final engineering estimate or the final right-of-way
21 certification estimate at the time of allocation for
22 construction, pursuant to subdivisions (d)* and (e) of
23 Section 188.8.
24 (5) Any supplemental project allocations during or
25 following construction.
26 (6) Amounts deducted or added because of
27 amendments to the state transportation improvement
28 program that add, delete, or change the scope and cost of
29 regional improvement projects, pursuant to Section
30 14531 of the Government Code.
31 (c) The balance through the preceding fiscal year shall
32 be made available for review by all regional agencies at
33 the time of each fund estimate, and by not later than
34 August 15 of each year.
35 (d) The corrimission, through the fund estimate, shall
36 restore for the next state transportation improvement
37 program the interregional improvement program level
38 specified in subdivision (a) of Section 164.
39 SECS. Thisactisanurgencystatutenecessaryfor the
40 immediate preservation of the public peace, health, or
ss
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