AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN ASSEMBLY JUNE 22, 2023
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 25, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 30, 2023
SENATE BILL No. 532
Introduced by Senator Wiener
(Principal coauthors: Senators Becker and Cortese)
(Principal coauthors: Assembly Members Bonta, Haney, Lee, Ting, and Wicks)
February 14, 2023
An act to amend Sections 30911, 30916, and 30920 of, and to add Section 30914.8 to, the Streets and Highways Code, and to amend Section 40258 of Vehicle Code, relating to transportation, and making an appropriation therefor.
legislative counsel’s digest
SB 532, as amended, Wiener. San Francisco Bay area toll bridges:
toll increase: tolls: transit operating expenses.
Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as MTC and makes BATA responsible for the administration of toll
93 revenues from the state-owned toll bridges in the San Francisco Bay area. Existing law requires the Department of Transportation to collect tolls on these state-owned toll bridges. Existing law requires those toll revenues to be deposited in the Bay Area Toll Account and requires BATA to control and maintain that account, as specified.
This bill would, until December 31, 2028, require BATA to increase the toll rate for vehicles for crossing the state-owned toll bridges in the San Francisco Bay area by $1.50, as adjusted for inflation. The bill would require the revenues collected from this toll to be deposited in the Bay Area Toll Account, would continuously appropriate moneys from this toll increase and other specified tolls, and would require moneys from this toll to be transferred to MTC for allocation to transit operators that provide service within the San Francisco Bay area and that are experiencing a financial shortfall, as specified. The bill would direct MTC to require each transit operator eligible to receive an allocation from the account to, on an annual basis, submit a 5-year projection of its operating needs, as specified.
To the extent this bill would mandate that MTC or a transit operator provide a new program or higher level of service, the bill would impose a state-mandated local program.
Existing law, beginning July 1, 2024, prohibits a schedule of toll evasion penalties for a toll evasion violation on a toll bridge from exceeding $25 for the notice of toll evasion violation and $50 for the notice of delinquent toll evasion violation, as specified.
This bill, beginning July 1, 2024, would decrease the maximum amount of penalties that can be included in a schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge to instead be $5 for the notice of toll evasion violation and $10 for the notice of delinquent toll evasion violation, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Safe, Clean, and Reliable Bay Area Public Transportation line 3 Emergency Act.
line 4 SEC. 2. It is the intent of the Legislature to enact future line 5 legislation to require the Metropolitan Transportation Commission line 6 to study, design, and implement an equity-based program to line 7 mitigate the impacts of the $1.50 toll increase required by this act line 8 within two years of the effective date of this act. It is the intent of line 9 the Legislature that the commission would establish the line 10 equity-based program in a manner that is operationally feasible, line 11 financially practicable, and effective, and that the commission line 12 would consider including discounts, toll caps, and toll exemptions line 13 as part of the program.
line 14 SEC. 2.
line 15 SEC. 3. Section 30911 of the Streets and Highways Code is line 16 amended to read:
line 17 30911. (a) The authority shall control and maintain the Bay line 18 Area Toll Account and other subaccounts it deems necessary and line 19 appropriate to document toll revenue and operating expenditures line 20 in accordance with generally accepted accounting principles. line 21 (b) (1) After providing for expenditures pursuant to subdivision line 22 (a) of Section 30912 and for operating assistance pursuant to line 23 subdivision (d) of Section 30914 and subdivision (c) of Section line 24 30914.7 and after the requirements of any bond resolution or line 25 indenture of the authority for any outstanding revenue bonds have line 26 been met, the authority shall transfer on a regularly scheduled basis line 27 as set forth in the authority’s annual budget resolution, the revenues line 28 defined in subdivision (b) of Section 30913 and Sections 30914, line 29 30914.7, and 30914.8 to the commission. The funds transferred line 30 are continuously appropriated to the commission to expend for the line 31 purposes specified in subdivision (b) of Section 30913 and Sections line 32 30914, 30914.7, and 30914.8. After the commission makes a line 33 determination that the projects and programs funded by the line 34 commission have been completed, the revenues transferred to the line 35 commission shall be expended by the commission for supplemental line 36 funding for the projects and programs identified in subdivision (a) line 37 of Section 30914.7 if the voters approve a toll increase authorized line 38 pursuant to Section 30923.
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line 1 (2) For purposes of paragraph (1), the revenues defined in line 2 subdivision (b) of Section 30913 and subdivision (a) of Section line 3 30914 include all revenues accruing since January 1, 1989. line 4 SEC. 3.
line 5 SEC. 4. Section 30914.8 is added to the Streets and Highways line 6 Code, to read:
line 7 30914.8. (a) The Metropolitan Transportation Commission line 8 shall, from proceeds of the toll imposed pursuant to subdivision line 9 (f) of Section 30916 and transferred pursuant to Section 30911, line 10 provide funding to transit operators that provide service within the line 11 commission’s geographic jurisdiction and that are experiencing a line 12 financial shortfall. A transit operator shall only be eligible to line 13 receive an allocation pursuant to this section if it operates line 14 fixed-route public transit services services, including by bus, rail, line 15 or ferry, within the commission’s geographic jurisdiction and does line 16 not directly receive the majority of its revenues from the Golden line 17 Gate Bridge, Highway, and Transportation District. line 18 (b) The commission shall annually distribute at least 90 percent line 19 of the revenues described in subdivision (a) to eligible transit line 20 operators in order to avoid service cuts and maintain operations, line 21 including safety, security, reliability, or cleanliness services and line 22 improvements. The commission may only allocate funds pursuant line 23 to this subdivision to a transit operator after it makes a line 24 determination that the funds are necessary to avoid service cuts line 25 relative to service levels provided by that transit operator during line 26 2022–23 fiscal year. In providing allocations pursuant to this line 27 subdivision, the commission shall prioritize averting service cuts line 28 for transit operators that serve the highest number of transit riders. line 29 The commission shall also take into consideration the extent of line 30 local funding to support transit service and may also consider line 31 operator fares and other sources of revenue.
line 32 (c) The commission shall annually distribute no more than 10 line 33 percent of the revenues described in subdivision (a) to assist line 34 eligible transit operators with restoring or reconfiguring service line 35 above levels provided during the 2022–23 fiscal year or for the line 36 purpose of funding initiatives to transform transit service pursuant line 37 to the commission’s adopted Transit Transformation Action Plan, line 38 or to make specific safety, security, reliability, or cleanliness line 39 improvements.
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line 1 (d) The commission shall require each transit operator eligible line 2 to receive an allocation pursuant to this section to, on an annual line 3 basis, submit a five-year projection of its operating needs. This line 4 projection of operating needs shall be based on standardized line 5 assumptions and guidance developed by the commission in line 6 collaboration with transit operators. The commission may line 7 reasonably audit, request revision to, or directly amend operating line 8 needs projections if appropriate or necessary to ensure consistency line 9 of assumptions and fairness across transit operators. line 10 SEC. 4.
line 11 SEC. 5. Section 30916 of the Streets and Highways Code is line 12 amended to read:
line 13 30916. (a) The base toll rate for vehicles crossing the line 14 state-owned toll bridges within the geographic jurisdiction of the line 15 commission as of January 1, 2003, is as follows:
line 16
line 17 Number of Axles Toll
line 18 Two axles $ 1.00
line 19 Three axles 3.00
line 20 Four axles 5.25
line 21 Five axles 8.25
line 22 Six axles 9.00
line 23 Seven axles & more 10.50
line 24
line 25 (b) If the voters approve a toll increase, pursuant to Section line 26 30921, commencing July 1, 2004, the base toll rate for vehicles line 27 crossing the bridges described in subdivision (a) is as follows:
line 28
line 29 Number of axles Toll
line 30 Two axles $ 2.00
line 31 Three axles 4.00
line 32 Four axles 6.25
line 33 Five axles 9.25
line 34 Six axles 10.00
line 35 Seven axles & more 11.50
line 36
line 37 (c) (1) If the voters approve a toll increase, pursuant to Section line 38 30923, the authority shall increase the base toll rate for vehicles line 39 crossing the bridges described in subdivision (a) from the toll rates line 40 then in effect by the amount approved by the voters pursuant to 93 — 5 — SB 532
line 1 Section 30923. The authority may, beginning six months after the line 2 election approving the toll increase, phase in the toll increase over line 3 a period of time and may adjust the toll increase for inflation based line 4 on the California Consumer Price Index after the toll increase has line 5 been phased in completely.
line 6 (2) Revenue generated from the adjustment of the toll to account line 7 for inflation pursuant to paragraph (1) may be expended for the line 8 following purposes:
line 9 (A) Bridge maintenance and rehabilitation necessary to preserve, line 10 protect, and replace the bridge structures consistent with line 11 subdivision (b) of Section 30950.3.
line 12 (B) Supplemental funding for the projects and programs line 13 authorized pursuant to subdivision (a) of Section 30914.7. line 14 (d) The authority shall increase the amount of the toll only if line 15 required to meet its obligations on any bonds or to satisfy its line 16 covenants under any bond resolution or indenture. The authority line 17 shall hold a public hearing before adopting a toll schedule reflecting line 18 the increased toll charge.
line 19 (e) Nothing in this section shall be construed to prohibit the line 20 adoption of either a discounted commute rate for two-axle vehicles line 21 or of special provisions for high-occupancy vehicles under terms line 22 and conditions prescribed by the authority in consultation with the line 23 department.
line 24 (f) (1) Beginning January 1, 2024, and until December 31, line 25 2028, the authority shall increase the base toll rate for vehicles line 26 crossing the bridges described in subdivision (a) from the toll rates line 27 then in effect by one dollar and fifty cents ($1.50). line 28 (2) The authority shall adjust the toll increase imposed pursuant line 29 to paragraph (1) on an annual basis for inflation based on the line 30 California Consumer Price Index.
line 31 (3) Notwithstanding Section 30918, the toll increase imposed line 32 pursuant to paragraph (1) shall not be reduced without statutory line 33 authorization by the Legislature.
line 34 (4) This subdivision shall become inoperative on January 1, line 35 2029.
line 36 SEC. 5.
line 37 SEC. 6. Section 30920 of the Streets and Highways Code is line 38 amended to read:
line 39 30920. The authority may issue toll bridge revenue bonds to line 40 finance any or all of the projects and purposes, including those 93 SB 532 — 6 —
line 1 specified in Sections 30913, 30914, 30914.7, and 30914.8, if the line 2 issuance of the bonds does not adversely affect the minimum line 3 amount of toll revenue proceeds designated in Section 30913 and line 4 in paragraph (4) of subdivision (a) of, and subdivision (b) of, line 5 Section 30914 for rail extension and improvement projects and line 6 transit projects to reduce vehicular traffic. A determination of the line 7 authority that a specific project or projects or purposes shall have line 8 no adverse effect will be binding and conclusive in all respects. line 9 SEC. 7. Section 40258 of the Vehicle Code, as added by Section line 10 13 of Chapter 969 of the Statutes of 2022, is amended to read:
line 11 40258. (a) (1) The schedule of toll evasion penalties for a toll line 12 evasion violation on a toll bridge shall not exceed twenty-five line 13 dollars ($25) for the notice of toll evasion violation, and shall not line 14 exceed fifty dollars ($50) for the notice of delinquent toll evasion line 15 violation for a cumulative total of fifty dollars ($50) for each line 16 individual toll evasion violation.
line 17 (2) Notwithstanding paragraph (1), the schedule of toll evasion line 18 penalties for a toll evasion violation on a San Francisco Bay area line 19 state-owned toll bridge shall not exceed five dollars ($5) for the line 20 notice of toll evasion violation, and shall not exceed ten dollars line 21 ($10) for the notice of delinquent toll evasion violation for a line 22 cumulative total of fifteen dollars ($15) for each individual toll line 23 evasion violation. For purposes of this paragraph, “San Francisco line 24 Bay area state-owned toll bridge” means any of the toll bridges line 25 described in Section 30910 of the Streets and Highways Code. line 26 (2)
line 27 (3) Notwithstanding paragraph (1), paragraphs (1) and (2), the line 28 schedule of toll evasion penalties may include any administrative line 29 fee, fine, or assessment imposed by the state after enactment of line 30 this chapter in addition to the cumulative fifty-dollar ($50) limit line 31 per each individual toll evasion violation.
line 32 (b) If the registered owner, by appearance or by mail, makes line 33 payment to the processing agency within 15 days of the mailing line 34 of the notice of toll evasion violation issued pursuant to subdivision line 35 (a) of Section 40254 for a bridge toll evasion, the amount owed line 36 shall consist of the amount of the toll without any additional line 37 penalties, administrative fees, or charges.
line 38 (c) The maximum penalty for each toll evasion violation line 39 included in a notice of toll evasion for either a toll highway, toll line 40 road, or express lane shall be sixty dollars ($60). The maximum 93 — 7 — SB 532
line 1 cumulative toll evasion penalty shall not exceed one hundred line 2 dollars ($100) for each individual toll evasion violation. line 3 (d) Toll evasion penalties under this article shall be collected line 4 as civil penalties.
line 5 (e) The amounts specified in this section may be adjusted line 6 periodically by an issuing agency at a rate not to exceed any line 7 increase in the California Consumer Price Index as compiled and line 8 reported by the Department of Industrial Relations. line 9 (f) An issuing agency shall waive the toll evasion penalty for a line 10 first violation with the issuing agency if the person contacts, as line 11 applicable, the issuing or processing agency customer service line 12 center within 21 days from the mailing of the notice of toll evasion line 13 violation, and the person is not currently an accountholder with line 14 the issuing agency, signs up for an account, and pays the line 15 outstanding toll.
line 16 (g) This section shall become operative on July 1, 2024. line 17 SEC. 6.
line 18 SEC. 8. If the Commission on State Mandates determines that line 19 this act contains costs mandated by the state, reimbursement to line 20 local agencies and school districts for those costs shall be made line 21 pursuant to Part 7 (commencing with Section 17500) of Division line 22 4 of Title 2 of the Government Code.
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93 SB 532 — 8 —