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03 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 S sarej3d luatutuanoo la2png uo saamwcuop asnoH 132png Bp pun3 lsnaZ (PPII) S9Z S S sueaw pug s,CeM asnoH pun3 lsruZ ol spun3 xUZ sarJ IpgaQ3o .zaJsuBa,I, (IIMMI) SSZ NH • S aanlorAsegui pug 'sum' la2png uo •wmop asnoH 2utpun3 azmon.ilsaguI d.L3VN (u1!)1) 170Z ?IH AB 263 (BACA) 26 pivauxuoiinua .zoo ia4uaD '2uuaaur3ua a8alloo `apsianci `BnuopreD jo Aisianun aq4 o4 uopraour Jo; gnuopirD Jo Aisiantun alp jo qua2ag alp oi 'nal( posg o4 p.raai mocpum 'Tutu asocp jo jrmoury paypadsrm rre Novo avudoidciB triapaj ,Cq paiiguiad vuaixa 44 Vittom ing •punk pamtdoiddB Aisnonupuoo qmsra.t,I, aw}S aq4 pima piapaa alp ui pamsodap pug 4uaucu.tano8 iriapaj alp Aq a4ris sIti4 o4 pas.mgstp uaaq anBq 'spun; aairqatano Do piapaj jo 2upsisuoa 'nni iriapaj ui paugap se lunoaay nn0a3sH uogBiotA umaio..1ad aqi ui spun3 2upspra iapun •iriapaj :sa3inosaa �CBia •g�� Vapuatur ���u�iano u'3 S E93 8y .ISHOIQ S.T3SNf100 aALLV'ISIom •Jojaiatp uoprudosddr ur 8unirui puB `saainosai aiaua o4 BugBiai pB ud L66I `tiI All3niqad (rpty .ro.mas :.rorpngoa) (ooaq-ovet Put? up,mg sraqurayir.flqurassv .xrorpneoa) mug Jagwan Ajqucassy paonpaqui c93 'oN 'I'IIg ArIERNHSSV NOISSRSliV'I110aFI88-1861-211111V'ISI031 VINH031'IVJ L66T `8i HO8`'Ni nSYIIaSSv NI QOQNHNiV L66i `8ti 'IIIidV A'IiMIHSSd NI QaQNHY1Id 8661 `9 AtlVflNVI NISNiHSSd N1 Q3QNHNiV 8661 37I AtIVflNVr A'ISNIHSS`' NI QHQNHNiV 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 • • • • • • • • 0 — 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 c:3 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• • • • • • • • -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) 1110 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 66 a loaBa aBpauuic TT o2netts pur uo�tUPsuo� aq3� Aapply Jo 8uiugaiu pT a� ultimi4► Sinai xe4 B I0.1 sapino.Id 13B sRL •E 'OHS 6 •uopoas g sytii 30 (a) uoisinipgns ut papptoid sB Viem.ioj pagn3a L aq anupuoq Amu 4unotue npa.ta pasnun `ianannoH 9 •papadai si avP }gam jo se pue `Sppy ' `T iaquuaaaQ S 'pun Apo . paBa ui memo.' lletis uoqoas says, (a) smoao ianaxprgM `srgalC Suipaaabns pj .103 so pavnetpra s� y imam ark rpun maif guipaaaans ui „acB4 tau,; alp aonpai j 8 _'" C39I IR/ 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 • • 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 00 0 Y-i t Teqp apinozd mom. illq atI,L •uze.Boid uoneljodsuB.4 aiB4s a luawano.�dun euo2a.� pug euoBaua�ui o Sa�a�oad � Sauiano.�dun u�Idgo Q � a 3 Iq ImPu3 uoAv�.�odsiz�r : �g�s �pui o4 .�oud papuj aq `686i `E AB uo ua � 3 ali� A9 patnmeisa 4s!kuoud paupads � uo�si mpunos alp 2upiuoyai aoj sairtmpuadxa a.xmbai pinonn mq snU a g 'sAennaa.� 8uo� siennpunos jo ��oya.� .�o� paau �f q� upiusa .xoj sapuoud Jo uiaisAs B mauiajdun pur doianap oi uogBuodsuei,L jo luau.uedaQ alp sazmbaa 8 unspca •sioafoid ilempunos `s2uNi .zaqpo 2uoure `Joj � pasn aq o4 pagnbai 9.1E spafoad truol2ai ioj aiqepene apBui SPun3 au,I, 'u.raoid ivauuanoidun uoyvuodsumq aiB4s aye ui p9111111V120.1d a.re qogiMJo Tog `sloafoid 4uauianoidun 1E40E3 fe110129.1 .zo3 aiquffene aq o4 pa.imbai st aoue puB s��afo.�d luauzano.�dun �;TdBa �uo�aua ui� .�o � a 3 � ��n� � ! aq 04 pa.�inbaz sit sar�uouci aso Jo; sa.� � iq � .�a�3e a19eire^e aauealp o � 3 �tpuadxa 8up�npap I�q; ivao.zad and-AuamZ •sapuoud paupads o4 $utp xo338 papuadxa aq a4B4s act 04 aigBurng a.� 4V1/4 sPlIn3 uoUBuodsuBii Its imp saimbai MB Bulls •s�nnpunos :SSL'ML,I,�IH •dBuny� `paonpoqut ssi`� .Ls�oia s.�sHnoD HnrrvzsID� 989I pue spoils auk �o L9i pun •sAunnq�m oi Bup�iai 'apoo s�unngBiH 1791 £91 suopoas puatue oi uy 8661 `9i Annuer AB.unw sagcuayv Aigcuassy Aq paonpo.quI 9891 'oN 'I'IIg ArlaNaSSY 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 • • • • • • • • • • —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 99 bb •stsiquur ia2pnq aqi jo sr 4uautaia uzBaSoid gora .xoj samytpuadxa pasodoid aqi jo sisiCuur ur aaBdaid jiegs is,Creuy annejsT2aZ aci,I, (2) •uoissnuiiuoa Aq pagsllqu4sa aq ious sioafoid Arlin() pi-cdro Iouiui putt iofrui Buiugap aoj sisr9 att.L (I) •sioafoid uoprpodsurii funpiniput oupads Suiupmoo uopBisTBaj pima you bus a.nyBlsuSaZ au} pur tioafoid mauzanoidun uopeliodsue q oupads .zoo suoprudoiddr °woads apnput you Hugs 4a$pnq aq,L (a) •ssaoo.zd uoisinai Aryl sai jo ;.red sr salBuigsa 498pnq pno tdBa pug lioddns ABlino te�tdB� pasptai aouBuu jo ivauq.redaQ alp oi mnugns Aruu 4uau4ndap aqi turaosd luauianoidun uopBiiodsur.q awls pa4dopB aqi ia2pnq pmuur auk u.aur o.L (p) •uoissicuuioo aq} Ai uopBoour ol ioafgns aq you jp3tis uoponlisuoa pur Agnn -jo-sig8u Jo uopismboB aqi Jo; asoqi Jamo siunoun asotp inq `apop mammanoo aquo gtiQtj uopoaS3o (q) uoisrntpgns �q pagnbai sB pals!' aq urqs spafoid }uauianoidun uogBliodsuB.rl p3uol2ai pur iruoiSaiialuT .zoo ivauxi.redap aqi jo siunourg a.mnpuadara suoqriado 94B4g (3) •suuraoid uopB21,41tu pug }uauiaouruua reivauluoilitua (8) •sivauzano.zdun puo-12all (2,) •sTuauianoidun iruol2a.uaiuI (9) •93uulsisss pool (9) •uopoaioid puB uopBiado ABnnggN aiB4s (t) OI •aousualurew (c) 6 quauzdotanap urea,8oid (z) g Ak mogriisprcuipv (i) L :sluauzaja uzraoid 2uUnolloj alp iapun ureaoid g uopBpodsuBil alp Joj sam.upuadxa pasodoid mums � ia2pnq pasodoid •stsBq urer,80.zd B uo pazTurSio aq � �qs pSpnq pasodoid `pund puog irgg Ja8uassBd aqi £ cn pub lun000y uopBpodsuBi1, ongna aqi in `iuno33V ti liBnnipiH awlS am SPun3 aq} 434 ioadsai (q) i 9891 Hd — g — • • w • •suz�a8 uopESpiuipur �uauiaouequa muauiuo.linu►3 (46 'Toq op Jo `uopsaBuo3 aonpa.i ao A.jpBd 3 purdxa man quauzanoiduiT jriidro uopriaodsurkZ (fr) . -or uoqoas Jo (a) uorsrnrpgns rrr payloads se °i,rforjar �MpunoS (c) •saunfui Jo Auanas pug aaqumu alp pug sapffeirj aonpai pinom tam! feuopiPPr $uIppB urip sago `sa2urtio poTsAgd a.lagnn quatuanoiduit AlajuS (3) • auk jo uop���r� Puy °a�uBuaiureuiisAs rAtuo � �ad$T� T) a}gas 9�a, :samuoud jo aouanbas gupinonoj atp uo pasrq aq ioqs pug Spunk triapa3 jo asn act aziunxgui oi papuadxa pug tom uoqoas o4 pafgns palaSpnq Vauituraoid aq urtis Puna uopBpodsum,L a4r4S aq� uT 4uno33y ,frnntOiH amS spun, (r) 'L9I :pBai o4 papuatur sT apop skennq2iH pug siaa,tig amp 2,91 uopoaS 'E 'DaS `Claps pin `sapmoB3 IePouua;uT `S'SIZ uoRoaS oa arrgnsmdivauz1.rgdap ark .fq paq-syqvisa jsll. .C1.uorrd ayo-zlal lleMpurros `696I t ZEN arp uo Papnjorrr you sloafoid uunttpunos °luauia8guvui purtuap uoprliodsurii luatuaBrurtu uxa4sAs uopBpodscreii `uopuiBdas apr.12 pug tapfiosj aioi(oiq pur `uBuisapad `irri ,(ltaia}ui `iisuey offqnd `sproi pool `sSenny2iy ams 2utnoidun `oi pailtuR aq }ou pigs inq `apnlaut Sew sloafozd aq,j, •uor2a2 alp IImM uopgiaodsugq anoidun o4 papaau a.re 4Btp sloafoid ivauianozdun uogBuodsugii .zoo pasn aq nrqs (r) uoisinipgns 3o (z) gduar.zBd Japun aiqejrenu aprux spun3 (a) •sioafoad uoneirdas apra °Agnnapm2 lisur.ti ssrux JaSuassBd Aioiaiut `ABnngglti 9484s apnpLn SUM sioafoid aqy •spoof puB aidoad jo 111autanoui iruoi2analuT alritiiarj 434 papaau axg Imp sioafoid 4uatuanoidun uopB4iodsuBi4 ion pass aq IiggS (E) uoisin ns 3° (T) qdrrird.�iapun algBirenr apBvu spun3 p) � n gut �s �afo.�d •�oafo.�d apB.xB jo uopr.redas DTP I � �uauzanoiduit !MI ��T�.�a��zt job — � —' 9891 SB 459 (KELLEY) es . !Pik: �. .. woo umiao ioj s}ogisip tooqas puB sapuaBB pool asmqunai o� ams act saambai uopnipsuoD BnuoScpe0 achy (3) •uuraoid pa4eptiviu-ams a}Baio pinom `oipuI j° kip ail 3o pounoo AiD alp Act pamoddv aq o:4 AuoqinB act jo s xopa np jo plum! act aambal pinom ifict act asngaag s xan�od alpaquosa.�dpue�uo a� �o sapnp pupaPtnoM uop8wodsuBiy IgPouualuI orprrl iteffeyi alp aigajo mom. TR spiL •sapuocpnv uopvuodsugxi repo! Jo uopBas3 alp ion sampaaoid saprl►oad nwl ?unspca (i) 'Aivatpnd uopBi.todstreay p3potuiam oTPul iieffvh isega :uogBilodsuBiy •Aanax Vapuatue sg `6S17 SS ' .IS3�IQ S.T3SN1100 RAiLV.'ISIO3'I 'uopviiodsugq o4 SupBja.' 'apoo sapfi}11 allQnd att4 o4 (wit! uoqpag Timm 8ucouatiamoo) pi uoispncQ ppv o4 4aB uy L66I `6I klBniq4,4 � Aaijag io;guag paonpoyuI 0 6St 'oN TIM ZINNHS L66I `OT MLNIsIaS NI QOQNHY1iV L66I MLNNRS NI QSQNapar . L66I `T AVNi ZLNNHS NI QOQNIM11V L66T `�i ArAI awNas Q3QNHJNV 2,66I `9ti aNfll KISY1iaSSV HI QaQma%1Iv 866T `S AuvfN`'I Ah'ISYIIaSSv III QaQmanv 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. • • • • 41 • • • —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• oi• oi• s� 93 SB 837 (KOPP) 96 aOrA.ras;,rsusq ofignd ariordrrzr .ro utinurerri pip s.109.1.0rd jrrauradordurr piwchlo 4rsrrerj ofignd punj spun/ asow armbar mom Ng srru a�s�ll Jo sad�fl Dadspunjo rro�lrssrcr�rr�uo� uo �og� Pam � lL grurafrma arp .f4' pajoanp si? rroggoolla .ra/ uogeIrodsug{Z jo juawq rgdaQ ark al paptudarddi? o plijdvo .�rsuact off4°d gre.irao sa��.r M��uacua�ardrrrr I �lS717 (I) ' :8urprm,� ,�� �.r8ord .�rrarua8errey1 srua�sfs or�,r,� �a seg :uogB;.�odsuB.�,L .ddog Vapuatuv .se LE8 SS JS��IQ S.T3SNf103 RALi.V'ISIOZi . tatie-es� �e�ee� �s � `aP°� �4�111 ��IQnd aQx.{�LI�l66 rrogg.�rodsue�,8ugglal �aPo��I�9lvo�i�sradarprr�'49.117rpaurur.1oa,,�a a,� o4 ` oa rauor�g.�.rodsugr��gja� �a�po�l�9Iuor�aas jgadarprrgug `ap°�sa.�.�ll arl'aoqnd'�,�LI��6.�uau;ruraAo0,�o ?�110�9uopaas its... .f�rra8.rn aye 8urrsl�ap pay* s�fgM y8rg puv s.�aags a !1T•OdT rrnn���, r....,......... 0788I uo�t�sprraure�o�P 7JnTf'f'n puaun? .,. t:.�.�_uo,�oas .o.� `apo� paaur� o.� ��g rr� . effq% t-Lneeet pug Lrifteeet Vegeeet euefieeS redo& e� Puy � 4eeettf tieweis klifm lie &meet pug =912eeet 'meet imiefieeS tmegi6 4°1) 4PVI Pt"; 444 fie et kiefewet 4emet tioliees 9f *led pp* ei 104 2,66i `915 Almuqa,i uapAeg pvu ddog siOgoes Aq poonpoziui 2,cg 'ori. zzia HIVNaS east `s xxVnntVr aiivmas Hr aOaNHrNV 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 es 96 etli Aifegdge PetafrieP 044 SuffAvaeuf AfigoaUftafe Of' ifiettifMr pomed ;feed 0 tit weisAs AvAvittim OW 410 6c pewee 04it two liefitAike odwfuesaed aactuffiti ati4 0900119tif ge ei patafsop sieefead esetti eau sioefead itiakueSeuvw Le fittlei6246 eimjjOilt 1040413 OW JO 600110 pOZWENitstR 110f1M .940 gc tif Wiltigesid it101149S0410/16W94614§0713504± 0414 ifilegiOldiiif 04 eauff°13PIS deteokeP 'OW IfivfoRle lieRviaedgulmi reef tlifm uefigaedeea tif ett± 444 411t9f CC • . pal-vadat sr apop yE stmani..8111 pyre wags -awl° 11.9f rronoaS E 193S IC suoliaas sasocland oqi OE puu 'mutt 4ua4sTsuo3 5'1 ainiuis alp lup.mouoo 63 clIquaqtuaux mil Jo spittwohti Immo!' am ut paialua gig awn nuallost ainvisl2ari alp Jo asnoq qoua ut passed ain.iuis Act `uon3as slqi puatuit Al3U1 mu; 93 * etotae.5 6AvAttlafif Pug 23 Rees% 91f3o emit pus woof iftet Stiefieeg 94.poijfeeds se yg Isfs.vet hteuffi • ma tiOTERIO419 itotioile tiv jo 14fiNtuEti 944 pus anti rfeuvuu 44;mappla aeg siitoweafRbea 444 . ei ioefctfis eq WHO uiamokipqns fiftli et vavilsap4 fittlef40005L T3 :sofitinee esotp fp; go uefietveded ett4 04 smog ce sif Wfidiedead 9414 41f eft ti499 60WROO 6T ego, Jo +Iva jog viva:Woad viettioAeAduff tiefiv4a9deuvait gi ems etil ;filf pOpfltelif eft o4 itmewe 9443etiefiaed oft LT 4iefialfir4Iesa eftweffra °IP le XIX elaffilitt je ueflagg 91 itonsand uefffsedead poidepv Oarif lEIONA4 eafilitlaGe eseqi easifpuedaio aog ett4 3e mvifieue kuvasioad imeme..4eadtuf uefiviaedstivai ems • ino uf =emelt! pt fp" 4149f99fikialOO isitilevaeogoachiat maga ifstsva4 31 Jai itmeoev wetwiefeAee pus Stipusvhf tiomwedegvat IT twav itmeaav Avompfif eivig OR/ weaj ave4 roog OT wee effivitake lieTaow je ;me Jakii ).4 *fledge.; tipaitt -(e). 6 • Wee ioafead en" tosietagfueu 044 3° 8 4E1E1941E50 OW JO 44190Aed peeame tivqs ftaeafRbea iota /, eas spun§ SiNaivas ea.etim, 499fead watimmeadtuf foodga 9 .ifsuvai tfea 44ifeaeorf GR; Imp aettio 409fead teifdv.! wpm' v aof peweits opuag go igaewe eft. -(p). Asimmeppag *pima' seem *NW £ imIspitoFfe punj e4 Ames klefssfume9 etti 4ft poioosifp 3 se klowootp; aej wesajavelep • etfi ei pemadeadde LCII ffS - s •eq ff6tle °Pea thriamitiSfff Pus 6469449 ekf4 f Ot Ptio Off gueRaeS ei itaiReafid efeteffwa °Pew faivaaff (0) 6t . .salno.1 iailuassud Amoia4u1 uo Buff*, tic pug quatuanoidun Aur4no junclro Jo; 'gaps `uoissiurcuoa LE aq4 Aq pa4oailp su luaurtiudep aq4 o4 pamidoiddu gc aq ins gre66 uonoas jo (B) uoTspilpqns pus apop 4uaunuanoo alp Jo 9•Teopt uogaas Jo (u) uoicsympqns oi luunsind Asimo re4jcluo ioj.aicittuung °pm sintna (q) cc vold.res vsuaq offqnd aAardtur 3c umulurir. firETWO4 PUY 61996906 hisieff 49)- TC , O9 - Asopew ilotiviaedsuvai . oc 6149f6024 OWEITifitlaffiNfi 110564ahli tepee:mewl -(9.} • 63 9PeaS 414- 41°°i6 2.3 pus shamapfas *Rawl OMB Inrottte 00146141010a ket‘ 93 qiefivifffftetlea 641€1 410 Itiefifeffibeo Auktiet94418fai., .Peeaffatt 4.0 VZ matuaAoidlui pmdva , ollognd je 6944 Sufmeffej punj 94 `uoIssItumoo yy Aq papaw so `uonuaorp3 Tuauxl.n3dap a.44 T3 co4 pa4updoidde aq llutis grg66 uorpas Jo. (q) uomitypqns .03 04 4uunsind aiquur.itu aputu• spund (r) 7,TE66 . 6T :pear 04 papueum gT s.1 0P0,9 saMffill'allqncla. et 17 .1.0 LIEU6 uonoes Z ags.. LT two% uono6s gi Tputi eouepiopou ui mui2Oid luatuallsuutu uorisailuoo Ondald you op imp sonunoo asoqi ut Aicidu you op uorpas SIT Ili pagioads uncaoid 4trattreitardan uontwodsuaz; ci eafoge pluoglai B ouxy un3i8oid ivauxageuutu gi uonsaBuoa u SulluiocTiopul JOJ 9411911191Mbat OtU, (I) TT O uollupll p3 odsuuuOyBai aru sdoia 41 gorght Jo; sanunoo • 6T nu Jo; =amid otp aiudaid tapuailu moot papagu g mil gum uorminsuoo 'Rugs luatuuudap oqi 4u144 Jo; u.n31.8oid luatuanoiduzi uonuiiodsuvil p3uol8ai endear ol spualul Ainf Act uoiluuodsusii, g Jo luautpuclau .act sagnou. uopurndod 000`og JOAO Jo S130113 pazyurgin Bulumuoo you it4unoo ssaiun (a) g •igaviudas pa4sym =amid iuompitoidtul uonuiiodsuu4 3 aqi ui papnpui aq Artu morbid 'atm) (p) • T L6.11 SS 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. 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AVL1I MINNaS NI QaQNHNiV .} t SB 1096 — 2 — Seetien 9238 of the Reyentte anti Tattation Code provides that the state will reimburse eetutties anti eities for revenue (asses eawed by the ettaetment of sales anti use #ati This bill would provide that, notwithstanding Section MA ai the ode and Tatfatien 6eele; He appropriation is titatie *ad the stye shall net reimburse lee' sgeHeies %r safes and use #a* revenues lest by them pursuant to this The Personal Ineente T-a* Law anti the Bank and Gerperatiett Tit* Law authorize various ere�s against the qucee imposed by these laws: This bill wettki authorize a erect against these taxes for 3aelt tamable anti ineeme year beginning en er after January 4998; anti before January 4; 2901; an amount equal to the 411 anieetnt ef eests paid or it/furred during the taxable er ifteetxe year; net te exeeed $24219;000 per site; for er aequisitien of s qualified refueling ; as speed: The bill would use authorize a eredit tgainst these tomes for each tamable and ineatne year 3egg es or after January 4; 4998; and before January 4; 3081; an amount equal te aft unsgeeified pereextege of the rit:etint paid or ineurred during the tatfable or itteeme year for he differential eest ef the purehase ef a qualified veiriele; as ipeeifted: Existing law establishes various provisions with respect to he control and reduction of vehicular air pollution. This bill would make certain legislative findings and declarations regarding � the reduction of heavy-duty vehicle ;missions and financial assistance for that purpose. This bill would #fie cffcct immediately as t-ate levy; but .ertatift e€ its previsiens would beeeme operative as speeified: Vote: majority. Appropriation: no. Fiscal committee: yesno. Mate -mandated local program: des no. The people of the State of California do enact as follows: 1 SECTION 1. This act shall be known and may be cited 2 as the Heavy -Duty Vehicle Air Quality Improvement 3 Program. • • • • • • • • • • • — 3 — SB 1096 1 SEC. 2. The Legislature finds and declares all of fluor) 2 following: fr-= 3 (a) It is the intent of the Legislature to establish the a 4 Heavy -Duty Vehicle Air Quality Improvement Program' 5 in order to meet the requirements of the California State 6 Implementation Plan as required by federal law much 7 earlier than now required. The South Coast, Sacramento, 8 San Diego, San Joaquin, and Ventura Air Quality 9 Management Districts must reduce oxides of nitrogen 10 (N0x), a precursor to ozone, by significant amounts, and 11 meet state and federal particulate standards. 12 (b) Heavy-duty vehicles, in particular, while 13 constituting only 4 percent of the vehicle population, 14 generate a disproportionate share of the oxides of 15 nitrogen (N0x) emission-s relative to the entire 16 population of motor vehicles. This act would encourage 17 the early introduction of lower emission technology as the 18 heavy-duty fleet turnover occurs in California, and thus 19 achieve clean air goals mandated by the Clean Air Act. 20 This act promotes early construction of a necessary 21 refueling infrastructure so as to meet currently mandated 22 lower certification standards for heavy-duty vehicles. 23 (c) Financial ifteentives that wet:note assistance that 24 promotes the research, development, and early 25 deployment of new technologies that allow heavy-duty 26 vehicles to be certified well below existing exhaust 27 emissions certification standards will result in immediate 28 health benefits for all citizens in the State of California, 29 particularly the operators of heavy-duty vehicles. 30 (d) A program that relies on financial ineees 31 assistance available in 1998 will be more efficient and less 32 intrusive than a program of government mandates and 33 additional bureaucracies, and result in clean air much 34 earlier than current standards require. This program 35 establishes ineentives financial assistance to remove the 36 highest polluting vehicles and replace them with vehicles 37 using low -emission technology 6 to 10 years ahead of 38 current schedules, thereby providing an immediate and 39 quantifiable acceleration of the improvement in air 40 quality. 96 96 96 O (it ar) L661 'zz ipdd *Ewes a4� uf inpuewo so mq eW} saoeddo mq aye #o u0111.1ew Spfl of poultuo aa1;oui 11V •Tppy Aq `sanpuaout ppuruu air4s ou Buumba.z °sryr4s IMOlaLuu103 future;sns bias B anal -gag o} suamis tangy pawpossr pug svnii uoissrtua iannoi Onou0 jo ivauUfoidap alp aiBinuips oi apnmu2Bui ivaiowns jo aq o4 papuaiui st urui2oid `sappgan JauBajo 30 4uauuCoidap paviaiaaoB .zoo a.mgg:rsse mrorreuy- semweau; Buipinoid o} uoniPPB uI (a) 1T ET tiT TT OT 6 8 L 9 E 3 T -- -- 9601 US SB 1851 (KELLEY) SB 1851 Senate Bill - INTRODUCED http://www.leginfo.ca.gov/pub/bill...b 1851 bill 980219 introduced.html BILL NUMBER: SB 1851 INTRODUCED BILL TEXT INTRODUCED BY Senator Kelley FEBRUARY 19, 1998 An act to amend Section 130053 of, to add Sections 130053.3, 130053.7, and 130053.9 to, and to repeal and add Section 130053.5 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 1851, as introduced, Kelley. Riverside County Transportation Commission: members: voting. (1) Existing law creates the Riverside County Transportation Commission, comprised of 8 members appointed by specified entities, as prescribed. Existing law authorizes the appointment of an alternate member to represent, on a temporary basis, a regular member of the commission, but only in those cases where the regular member cannot attend the meeting. Under existing law, a majority of the members of the commission constitutes a quorum for the transaction of business. This bill would revise the membership of the commission to include 5 members of the Riverside County Board of Supervisors, one member from each incorporated city in Riverside County, to be either a mayor or city council member, and one nonvoting member appointed by the Governor. The bill would repeal those provisions relating to the appointment of alternate members and would, instead, authorize the board of supervisors to establish a procedure by which a member of the board of supervisors may appoint an alternate to represent, on a temporary basis, that regular member if the regular member is not in attendance at a meeting, as specified. The bill would authorize each incorporated city in the county to appoint one alternate member to represent the regular member of the commission that serves on behalf of the city, if the regular member is not in attendance at a meeting. By changing the composition of the commission, thereby adding to the duties of certain local government officers, the bill would impose a state -mandated local program. The bill would divide the jurisdiction of the commission into three specified areas and would require the commission to use specified criteria for allocating certain transportation funds among those areas. The bill would authorize a member of commission to call for a weighted vote on an item before the commission, to be weighted as prescribed. The bill would require a quorum of the commission to be a majority of the total membership of the commission. The bill would require the commission to continue as the congestion management agency and service authority for freeway emergencies until those designations are changed pursuant to law. (2) 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 no reimbursement shall be made from the State Mandates Claims Fund for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek 1 of 4 QC 0 3 6 2/26/98 9:17 AM SB 1851 Senate Bill - INTRODUCED http://www.leginfo.ca.gov/pub/bill...b_1851 bill_980219_introduced.html reimbursement for these costs. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 130053 of the Public Utilities Code is amended to read: 130053. The Riverside County Transportation Commission shall consist of eight members appointcd as follows the following regular members : (a) Thrcc supervisors appointed by Five members of the Riverside County Board of Supervisors —_- one of whom ohall represent a supervisorial district in the eastern desert area of the county and two of whom ohall rcprcocnt oupervisorial districts in the westerh urbanized area of the county (b) Two members appointed by the Riverside County City Selection Committee, excluding the member representing the City of Rivcroide, who ohall be mayors or city councilmen ocrving within the county One member from each incorporated city in Riverside County, each of whom shall be a mayor or city council member . (c) One member appointed by the Mayor of the City of Riverside with the eonoent of the pity Council of the City of Riverside, which member cull be either a member of the city council or the mayor. (d) Onc citizen mar appointed by the other six voting members of the commission, which member shell be an elected official in the county or a citizen who is not ouch an elected official but who is a resident of the county. (c) One nonvoting member appointed by the Governor. SEC. 2. Section 130053.5 of the Public Utilities Code is repealed. 130053.5. (a)- The appointing authority opecificd in oubdivioion ( a) , (b) , ( c) , or (d) of section 130053 may appoint an alternate member to the Riveroide County Tranoportation Commisaion to represent, on a temporary- basis, a regular member it has appointed, but only in those- cases where the regular member cannot attend the meeting. (b) An alternate- member ohall be: (1) In the case of the River-idc County Board of supervisors, another oupervisor or mayor or city councilman ocrving within Riverside County. (2) In the case of the Rivcroidc County City Selection Committee, any mayor or city councilman serving within the county, excluding the City of Riverside. ( 3 ) In the case of the City of Riverside, the mayor, if not a member, or another member of the City Council of the City of Riverside. (4) In the case of the citizen member, an elected official in the county or a citizeh who io not auch- an elected official but who io a resident of the county. (c) No alternate member shall serve as such for more than one of the above appointing authorities or ao a regular member of the commission at the same time. SEC. 3. Section 130053.3 is added to the Public Utilities Code, to read: 130053.3. ( a ) The jurisdiction of the Riverside County Transportation Commission shall be deemed to consist of the following three areas: (1) The Western County. 00L037 2 of 4 2/26/98 9:17 AM SB 1851 Senate Bill - INTRODUCED http://www.leginfo.ca.gov/pub/bill...b 1851 bill_980219_introduced.html (2) The Coachella Valley. (3) The Palo Verde Valley. (b) The commission shall use the following criteria for allocating the following funds among the areas described in subdivision (a): (1) Funds received by the commission under the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10) , including, but not limited to, local transportation funds and state transit assistance funds, shall be allocated based on the proportion that the population of the area bears to the total population of the county. (2) Federal local assistance funds shall be allocated based on the proportion that the population of the area bears to the total population of the county. (3) (A) Funds received by the commission for regional improvement projects shall be allocated based upon a formula that weights the population of the area at 75 percent and highway miles in the area at 25 percent. (B) For purposes of the 1998 State Transportation Improvement Program, the commission shall allocate local shares as if the formula described in subparagraph (A) had been used to allocate funds since the inception of the 1988 State Transportation Improvement Program. (C) The commission may vary the formula described in subparagraph (A) in an area if the agency representing the area approves the variation. (c) The commission may revise its compliance with subdivision (b) to conform with any subsequent changes to statewide transportation funding programs. SEC. 4. Section 130053.5 is added to the Public Utilities Code, to read: 130053.5. (a) (1) The Riverside County Board of Supervisors may establish a procedure by which a member of that board may appoint an alternate to represent the member, on a temporary basis, at a meeting of the Riverside County Transportation Commission, if the member is not in attendance at that meeting. (2) The procedure may provide that a member of the board, if that , member is absent from all or part of a meeting of the commission, may appoint another member of the board, on a temporary basis, to cast the vote of the absent member. (b) Each incorporated city in Riverside County may appoint one alternate member to the commission who shall represent, on a temporary basis, the regular member of the commission who serves on behalf of the city, if the regular member is not in attendance at a meeting. SEC. 5. Section 130053.7 is added to the Public Utilities Code, to read: 130053.7. ( a ) Except as specified in subdivision (b) , each regular member of the Riverside County Transportation Commission, or an alternate member acting in the place of a regular member pursuant to Section 130053.5, shall have one vote at meetings of the commission. (b) Notwithstanding subdivision (a) , any member of the commission, immediately after a vote of the commission in accordance with subdivision (a), may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: (1) The item shall be approved by a majority of the commission members present at the meeting who represent the board of supervisors, who shall each have one vote. (2) The item shall be approved by a majority of the commission members present at the meeting who represent cities in Riverside County, who shall each have one vote. (3) The item shall be approved by commission members present at the meeting who represent cities in Riverside County representing a majority of the population of the county living in incorporated areas. For the purpose of this paragraph, each regular commission 3 of 4 00 038 2/26/98 9:17 AM SB 1851 Senate Bill - INTRODUCED http://www.leginfo.ca.gov/pub/bill...b 1851 bill_980219_introduced.html member at the meeting who represents a city in Riverside County shall be assigned votes based on the percentage of the population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented at the meeting. Population data shall be determined through Department of Finance estimates, adjusted annually. (c) Notwithstanding Section 130102, a quorum of the Riverside County Transportation Commission shall be a majority of the total membership of the commission. SEC. 6. Section 130053.9 is added to the Public Utilities Code, to read 130053.9. The Riverside County Transportation Commission shall continue as the congestion management agency and service authority for freeway emergencies until those designations are changed pursuant to law. SEC. 7. No reimbursement shall be made from the State Mandates Claims Fund pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law. 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. 00,039 4 of 4 2/26/98 9:17 AM ACA 30 r , C CALIFORNIA LEGISLATURE--.1997-98 REGULAR SESSION Assembly Constitutional Amendment No. 30 Introduced by Assembly Member Murray (Principal coauthor: Assembly Member Brewer) (Principal coauthor: Senator Kopp) (Coauthors: Assembly Members Battin, Cunneen, Leach, 011er, Runner, Scott, and Thomson) (Coauthors: Senators McPherson and Watson) February 4, 1998 Assembly Constitutional Amendment No. 30—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 6 and 7 of Article XIX thereof, and by adding Article XIX A thereto, relating to transportation. I.EGtSII.AATNE COUNSEL'S DIGEST ACA 30, as introduced, Murray. Transportation: funding, (1) The California Constitution requires the revenues from taxes imposed by the state on motor vehicle fuels for use in motor vehicles upon public streets and highways, over and above the costs of collection and refunds authorized by law, to be used for public streets and highways and exclusive public mass transit guideways purposes, as specified. Revenues from fees and taxes imposed by the state upon vehicles or their use or operation, over and above the costs of collection and any refunds authorized by law, are required to be used for those purposes and the administration and enforcement of laws regulating the use, operation, or registration of vehicles used upon the public streets and highways. 99 ACA 30 -- 2 — The California Constitution authorizes the revenues specified above to be temporarily loaned to the State General Fund upon condition that amounts loaned be repaid to the funds from which they were borrowed. These provisions do not apply to fees or taxes imposed pursuant to the Sales and Use Tax Law, or amendments or additions made to those statutes. This measure would require that the loan be made on the condition that repayment of any loan of the specified revenues to the State General Fund is to be made in full, with interest, during the fiscal year in which the revenues are loaned, including a loan from the taxes imposed pursuant to the Sales and Use Tax Law. (2) Existing law designates the Transportation Planning and Development Account in the State Transportation Fund a trust fund and requires that the funds in the account be available, when appropriated by the Legislature, only for transportation planning and mass transportation purposes, as specified by the Legislature. This measure would authorize the funds in the account to be loaned only if the loanis made on the condition that the amount loaned is repaid in full, with interest, to the account during the fiscal year in which the funds are loaned. (3) Ddsting law authorizes a county board of supervisors to • establish a local transportation fund in the county treasury for deposit of certain revenues derived from local sales and use taxes imposed under the Bradley -Burns Uniform Local Sales and Use Tax Law. The money in the fund is required to be used for specified local transportation purposes. This measure would authorize the money in the fund to be loaned only if the loan is made on the condition that the amount loaned is repaid in full, with interest, to the fund during the fiscal year in which the funds are loaned. . Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. 1 Resolved by the Assembly, the Senate concurring, That 2 the Legislature of the State of California at its 1997-98 3 Regular Session commencing on the second day of 4 December 1996, two-thirds of the membership of each • • • • • • • • • — 3 AC 41-0 1 house concurring, hereby proposes to the people ofe 2 State of California that the Constitution of the Statecbe g amended as follows: o 4 First —That Section 6 of Article XIX thereof is amended 5 to read: g Sec. 6. This article shall does not prevent the 7 designated tax revenues from being temporarily loaned 8 to the State General Fund hex eenditieft that amounts g if both of the following requirements are imposed as 10 conditions for the making of the loan: 11 (a) Amounts loaned are to be repaid to the funds from 12 which they were borrowed, with interest at the rate 13 accruing to moneys in the Pooled Money Investment 14 Account, or any successor to that account, during the 15 period of time that the money is loaned. 16 (b) The repayment described in subdivision (a) is to 17 be made in full during the fiscal year in which the tax 18 revenues are loaned. 19 Second -That Section 7 of Article XIX thereof is 20 amended to read: 21 Sec. 7. This (a) Except for Section 6, this article ski 22 does not affect or apply to fees or taxes imposed pursuant 23 to the Sales and Use Talc Law er, and all amendments and 24 additions made to that statute. 25 (b) This article does not affect or apply to fees or taxes 26 imposed pursuant to the Vehicle License Fee Law, and 27 all amendments and additions Hew er hereafter made to 28 sdek des that statute. 29 Third —That Article XIX A is added thereto, to read: 30 31 ARTICLE XIX A 32 LOANS FROM THE TRANSPORTATION PLANNING 33 AND DEVELOPMENT ACCOUNT OR LOCAL 34 TRANSPORTATION FUNDS 35 36 SECTION 1. The funds in the Transportation 37 Planning and Development Account in the State 38 Transportation Fund, or any successor to that account, 39 may be loaned only if both of the following requirements 40 are imposed as conditions for the making of the loan: ss 99 • 0 • • • •pauvoj are SPun3 a� q�n.�h+ uT iBaii leasg Suunp unj ut apBui aq oi sc (e) uoisintpgns ut paqunsap }uawABdai (q) ?aura( a.re spunk act iBcp awn Jo popad ark 8ucmp lunoaar oi iossaoons AuB Jo Itmoaay 4uatuisanui ,(auow paiood alp ui sAauoui ol BumuaoB apu act }B }saia}ui mph `punk uonBliodsuB.0 pooi atii o4 medal aq o} pauvoi s4unouy (e) :poi aqi 30 2unieui alp Jo; suoptpuoo se pasoduzi a.re s}uauiaambas Bucnnolloj alp 30 tpoq � Apo pauroi aq kBux `a}n}Bis oi iossaaans Am Jo `apoo ivaunuanoo aq-4 j0 0£S67 uopaag .xapun patisliqulsa punj uoqeuodsuesti root B ut Aauovu aci,I, •ti DaS Tti 03 61 81 ,LT 91 SI tI ET tiT TI OI •pauvoi a.re g SPun3 aqi gagort u! iraii p3asu aq} Sui.mP unj apBui aq 8 oi si (e) uotsinipyns cn paciposap 4uauzABdai aq,I, (q) L vaueoi sT Aauoui alp imui auzq g Jo popad alp 8uunp lunoaay luaugsanuI Aauopi paiood � a� oi iossaoans ,CuB Jo lunomy luaur}sanuI Aauow � paiood alp ut sAauoui oi Bumnos alp le 4saia4ut qipitt E lunoaav mauxdoianaQ pur, 8utuuBid uopgpodsuBi,I, y acp o4 medal aq 04 aIB paugoi siunouy (e) i r"") CD STATE HIGHWAY ACCOUNT LOAN BILL GUIDING PRINCIPLES 1.) PROJECT ELIGIBILITY A. PROJECTS MUST BE INCLUDED OR CONSISTENT WITH THE REGIONAL TRANSPORTATION PLAN AND STIP ELIGIBLE B. LOANS SHOULD ONLY BE MADE AVAILABLE FOR "REGIONALLY SIGNIFICANT PROJECTS". 2.) VALUE OF LOANS -MINIMUM AND MAXIMUM --$10 MILLION MINIMUM; MAXIMUM LOAN IS PROPOSED TO BE 50% OF THE MOST RECENT REGIONAL CHOICE ENTITLEMENT, NOT TO EXCEED $200 MILLION. 3.) DURATION Of LOAN A. LOANS ARE TO BE REPAID OVER A MAXIMUM OF THREE STIP CYCLES -12 YEARS B. IN THE EVENT OF DEFAULT, 100% REPAYMENT WILL BE REQUIRED IN THE FORM OF A REDUCTION IN REGIONAL CHOICE FUNDING FOR THE COUNTY AT THE NEXT' STIP CYCLE 4.) FORM OF REPAYMENT A. REPAYMENT MAY BE IN CASH OR FUTURE REGIONAL CHOICE FUNDS B. PREFERENCE WILL BE GIVEN LOAN REQUESTS WITH CASH REPAYMENT AND EARLY RETIREMENT OF THE LOAN. C. POSITIVE CONSIDERATION WILL BE GIVEN TO LOAN REQUESTS WHERE SHA FUNDS CONSTITUTE PARTIAL PROJECT FUNDING AND ARE SUPPLEMENTED BY REGIONAL CHOICE AND NON -STATE FUNDING 5.) INTEREST RATE A. rT IS INTENDED THAT INTEREST RATES SHALL BE THE SAME AS THOSE APPLIED TO AB 3090 LOCALLY ADVANCED PROJECTS - THE STIP ESCALATION RATE. B. THE INTEREST RATE SHALL BE A FIXED RATE FOR THE LIFE OF THE LOAN. 6.) PROGRAM `TRIGGERS' --BASED ON A PRUDENT CASH BALANCE DETERMINED FROM HISTORICAL EXPERIENCE, THE LOAN PROGRAM WILL AUTOMATICALLY COMMENCE AND SHUT" DOWN WHEN THE SHA CASH BALANCE REACHES SPECIFIED 00':; LEVELS DETERMINED BY THE CALIFORNIA TRANSPORTATION COMMISSION. 7.) STANDARD AGREEMENT -THE CTC SHALL. DEVELOP A STANDARD LOAN AGREEMENT FOR ALL COUNTIES IN ORDER TO EXPEDETE PROJECT DELIVERY. 8.) FUNDING -FUNDS SHALL BE TRANSMITTED DIRECTLY TO THE APPLICANT; THE COUNTY TRANSPORTATION COMMISSION, COUNTY TRANSPORTATION AUTHORITY, OR LOCAL TRANSPORTATION COMMISSION. 00C041 TOTAL P.03 AGENDA ITEM #5 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON DATE: March 4, 1998 TO: RCTC Legislative Committee FROM: Paul Blackwelder, Deputy Executive Director SUBJECT: Federal Legislation Update ISTEA Reauthorization legislation will most probably be on hold at least until after the House knows the FY 1998/99 Budget amounts for the transportation program. The annual APTA Legislative Conference in Washington D.C. is scheduled for March 8 - 11, 1998. Staff will be attending the conference and meeting with our Legislators on March 8 -10. We will present the Commission Legislative positions for 1998 at those meetings. The RTA and Sunline staff and Board members will also be in Washington for the conference. Staff will work with both of these agencies to coordinate our legislative positions on the various issues, and present a verbal report at the Commission meeting on March 11, 1998. STAFF RECOMMENDATION: Receive and File. 1 ,-0,4 1+ P . ,y 4