Agenda - Amazon Web Services
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Agenda - Amazon Web Services
CITIZENS ADVISORY COMMITTEE and 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE Wednesday, September 7, 2016 4:00 PM 2000 Measure A Citizens Watchdog Committee (CWC) Public Hearing Agenda Item #20 begins at 6:00 PM (TIME CERTAIN) PLEASE NOTE CHANGE IN MEETING LOCATION VTA Auditorium 3331 North First Street San Jose, CA AGENDA COMMITTEE MISSION STATEMENT: The VTA CAC provides a communication channel for transportation stakeholders and residents of the county by providing input, analysis, perspective and timely recommendations prior to VTA Board of Director action on transportation policy issues and initiatives. CALL TO ORDER 1. ROLL CALL 2. ORDERS OF THE DAY 3. PUBLIC PRESENTATIONS: This portion of the agenda is reserved for persons desiring to address the Committee on any matter not on the agenda. Speakers are limited to 2 minutes. The law does not permit Committee action or extended discussion on any item not on the agenda except under special circumstances. If Committee action is requested, the matter can be placed on a subsequent agenda. All statements that require a response will be referred to staff for reply in writing. 4. Receive Committee Staff Report. (Verbal Report) (Quigley) 5. Receive Chairperson's Report. (Verbal Report) (Wadler) 6. Receive Committee for Transit Accessibility (CTA) Report. (Verbal Report) (Morrow) 7. Receive Bicycle and Pedestrian Advisory Committee (BPAC) Report. (Verbal Report) (Wadler) 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 Santa Clara Valley Transportation Authority Citizens Advisory Committee Wednesday, September 07, 2016 COMBINED CAC AND 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE CONSENT AGENDAS 8. Approve the Regular Meeting Minutes of August 10, 2016. 9. INFORMATION ITEM - Review the Legislative Update Matrix. 10. INFORMATION ITEM - Receive information from the 2016 Transportation Systems Monitoring Report. 11. INFORMATION ITEM - Receive update on SR 237 Express Lanes Fiscal Year 2016 annual report. CITIZENS ADVISORY COMMITTEE REGULAR AGENDA 12. ACTION ITEM - Recommend that the VTA Board of Directors authorize the General Manager to negotiate and enter into cooperative funding agreements with the City of Santa Clara in the amount of $16.164 million for its voluntary contribution and with the City of Sunnyvale for an amount up to $11.380 million to help fund mutually defined regional transportation improvements to be delivered by the Santa Clara Valley Transportation Authority, and to approve $4 million in Vehicle Registration Fee matching funds for the SR 237 Express Lanes Phase 2 project. 13. ACTION ITEM - Recommend that the VTA Board of Directors approve up to a $5.5 million advance of Vehicle Registration Fee (VRF) Program funding to the City of Gilroy for the First Street repaving project. 14. INFORMATION ITEM - Receive a status update on the Bus Shelter Enhancement Strategy. 15. INFORMATION ITEM - Review recommended 2017 Light Rail Operating Plan. 16. INFORMATION ITEM - Receive an update on Phase I of the outreach efforts for VTA's Next Network Plan. 17. INFORMATION ITEM - Review and discuss the development of VTA's Complete Streets Policy. 18. INFORMATION ITEM - Review and discuss the current Citizens Advisory Committee membership structure. 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE (CWC) REGULAR AGENDA 19. ACTION ITEM - Approve the 2000 Measure A Citizens Watchdog Committee’s Annual Report on Fiscal Year 2015 and the recommended publication strategy. Page 2 of 3 Santa Clara Valley Transportation Authority Citizens Advisory Committee 20. Wednesday, September 07, 2016 ACTION ITEM - Conduct, as part of the September 7, 2016, Citizens Advisory Committee/Citizens Watchdog Committee meeting, the required 2000 Measure A Citizens Watchdog Committee (CWC) public hearing to receive input from the public on the Measure A Program, its expenditures, the results of the CWC’s annual independent compliance audit, and on 2000 Measure A Program reports for the period of FY 2015. (Begins at 6:00 p.m. TIME CERTAIN) COMBINED CAC AND CITIZENS WATCHDOG COMMITTEE ITEMS 21. Review the Citizens Advisory Committee and Citizens Watchdog Committee Work Plans. OTHER 22. ANNOUNCEMENTS 23. ADJOURN In accordance with the Americans with Disabilities Act (ADA) and Title VI of the Civil Rights Act of 1964, VTA will make reasonable arrangements to ensure meaningful access to its meetings for persons who have disabilities and for persons with limited English proficiency who need translation and interpretation services. Individuals requiring ADA accommodations should notify the Board Secretary’s Office at least 48-hours prior to the meeting. Individuals requiring language assistance should notify the Board Secretary’s Office at least 72-hours prior to the meeting. The Board Secretary may be contacted at (408) 321-5680 or email: [email protected] or (408) 321-2330 (TTY only). VTA’s home page is on the web at: www.vta.org or visit us on Facebook at: www.facebook.com/scvta. (408) 3212300: 中文 / Español / 日本語 / 한국어 / tiếng Việt / Tagalog. All reports for items on the open meeting agenda are available for review in the Board Secretary’s Office, 3331 North First Street, San Jose, California, (408) 321-5680, the Friday, Monday, and Tuesday prior to the meeting. This information is available on VTA’s website at http://www.vta.org and also at the meeting. Page 3 of 3 8 CITIZENS ADVISORY COMMITTEE and 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE Wednesday, August 10, 2016 MINUTES CALL TO ORDER The Regular Meeting of the Citizens Advisory Committee (CAC)/2000 Measure A Citizens Watchdog Committee (CWC) was called to order at 4:04 p.m. by Chairperson Wadler in Conference Room B-104, VTA River Oaks Campus, 3331 North First Street, San Jose, California. 1. ROLL CALL Attendee Name Stephen Blaylock Clinton Brownley Chris Elias Sharon Fredlund William Hadaya Ray Hashimoto Roberta Hughan John Melton Aaron Morrow Charlotte Powers Lucas Ramirez Connie Rogers Stephen Schmoll Martin Schulter Noel Tebo Herman Wadler Title Member Member Member Vice Chairperson Member Member Member Member Member Member Member Member Member Member Member Chairperson Absent Present Absent Present Absent Present Absent Present Present Absent Present Present Absent Present Present Present A quorum was present. 2. ORDERS OF THE DAY Chairperson Wadler welcomed new Committee Member John Melton, representing North County Cities. Member Hashimoto arrived and took his seat at 4:07 p.m. There were no Orders of the Day. 3. PUBLIC PRESENTATIONS There were no Public Presentations. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 4. Committee Staff Report Aaron Quigley, Senior Policy Analyst and Staff Liaison, reported the VTA Board of Directors (Board) took the following actions at their June 2; June 24, and; August 4, 2016, meetings: 1) adopted the framework and funding amounts for the proposed sales tax measure; 2) adopted resolution calling for a special election and the ordinance that would enact the transactions and use tax should the measure pass; 3) adopted revised language relating to State Route (SR) 85 Corridor transit improvements and approved appending the list of projects to the tax measure resolution; 4) the Board terminated the contract for convenience with its current paratransit provider, Outreach, and the effective termination date is June 30, 2017; 5) staff will move forward with a new Request for Proposal (RFP) for paratransit services; and 6) adopted Seven-Party Regional Funding Supplement to the 2012 Memorandum of Understanding (MOU) for the Peninsula Corridor Electrification Process (PCEP). Mr. Quigley announced John Ristow, Director of Planning and Program Development, would be retiring from VTA at the end of August. He noted that Carolyn Gonot will serve as Interim Director of Planning and Program Development and Dennis Ratcliff will serve as Interim Director of Engineering & Transportation Infrastructure Development, SVRT Program. On order of Chairperson Wadler and there being no objection, the Committee received the Committee Staff Report. 5. Chairperson’s Report Chairperson Wadler announced upcoming community meetings in the cities of Campbell, Cupertino and Sunnyvale, noting VTA would appreciate Committee Member attendance and feedback. He also noted the upcoming “Bus Redesign” Workshop on August 24, 2016, at 6:00 p.m. will take place at the Alum Rock Library. 6. Committee for Transit Accessibility (CTA) Report Member Morrow provided a report on the discussions held at the August 8, 2016, CTA Workshop meeting, highlighting: 1) VTA is currently soliciting input from members and the public regarding the Paratransit RFP, and creating a laundry list of what customers like and do not like about the service; 2) community meetings to solicit input have been well attended; 3) met with Jim Lawson, Director of Public Affairs and Executive Policy Advisor, and Board of Directors Chair Cindy Chavez to discuss concerns and input regarding the process, and 4) stated VTA is committed to putting their best foot forward in this effort. 7. Bicycle and Pedestrian Advisory Committee (BPAC) Report Chairperson Wadler noted the City of Campbell ribbon cutting for the East Campbell Avenue Portals Project took place on August 5, 2016. Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 2 of 8 August 10, 2016 COMBINED CAC AND 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE CONSENT AGENDAS 8. Regular Meeting Minutes of May 11, 2016 M/S/C (Ramirez/Rogers) to approve the Regular Meeting Minutes of May 11, 2016. 9. 2015 Annual CMP Monitoring and Conformance Report M/S/C (Ramirez/Rogers) to recommend that the VTA Board adopt the 2015 Monitoring and Conformance Findings, pursuant to California Government Code Section 65089. 10. Citizens Advisory Committee (CAC) Quarterly Attendance Report M/S/C (Ramirez/Rogers) to receive the Citizens Advisory Committee Quarterly Attendance Report. 11. Legislative Update Matrix M/S/C (Ramirez/Rogers) to review the Legislative Update Matrix. 12. Transit Operations Performance Report – FY2016 Third Quarter M/S/C (Ramirez/Rogers) to receive the FY 2016 Third Quarter Transit Operations Performance Report. RESULT: APPROVED [UNANIMOUS] (Consent Agenda Items # 8-12) MOVER: Ramirez, Member SECONDER: Rogers, Member AYES: Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler NOES: None ABSENT: Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll 2000 MEASURE A CITIZENS WATCHDOG COMMITTEE REGULAR AGENDA 13. Compliance Audit Report on 2000 Measure A Program Revenues and Expenditures for FY15 Mr. Quigley introduced Eugene Ma, of the Certified Public Accountants Macias, Gini & O’Connell, LLP (MGO) for compliance auditing services for the 2000 Measure A Citizens Watchdog Committee. Mr. Ma provided a brief overview of the Compliance Audit Report on 2000 Measure A Program Revenues and Expenditures for FY15. Chairperson Wadler expressed appreciation for the detail on swap funds. M/S/C (Morrow/Melton) to receive and accept the compliance audit report from the Citizens Watchdog Committee's independent compliance auditor on Fiscal Year 2015 2000 Measure A revenues and expenditures. NOTE: M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSED UNANIMOUSLY. Citizens Advisory Committee Page 3 of 8 August 10, 2016 2000 Measure A Citizens Watchdog Committee RESULT: MOVER: SECONDER: AYES: NOES: ABSENT: 14. APPROVED [UNANIMOUS] Morrow, Member Melton, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler None Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll Determine Date and Location of CWC Public Hearing Stephen Flynn, Senior Management Analyst and Advisory Committee Coordinator, provided the staff report. The Committee confirmed that the CWC public hearing would be held on September 7, 2016, at 6:00 p.m. in the Auditorium at the VTA River Oaks Campus. M/S/C (Rogers/Melton) to conduct the 2000 Measure A Citizens Watchdog Committee’s public hearing on FY 2015 Measure A expenditures on Wednesday, September 7, 2016, at 6:00 p.m. in the Auditorium at the VTA River Oaks Campus. RESULT: MOVER: SECONDER: AYES: NOES: ABSENT: 15. APPROVED [UNANIMOUS] Rogers, Member Melton, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler None Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll Publication Strategy for Combined Public Hearing Notice and Compliance Audit Results Vice Chairperson Fredlund suggested expediting publication materials to ensure they are ready for the September public hearing. She indicated the strategy would be based on materials devised in 2015 to include two ads (newspaper and on-line) on the Benefits and Key Achievements Report. M/S/C (Fredlund/Morrow) to allow the CAC/CWC to empower the Review Subcommittee to authorize final approval, as to copy and format, of publication materials for the September 7, 2016, public hearing. RESULT: MOVER: SECONDER: AYES: NOES: ABSENT: APPROVED [UNANIMOUS] Fredlund, Member Morrow, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler None Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 4 of 8 August 10, 2016 Mr. Flynn and Maria Cambra, Sales and Promotion Supervisor, provided the staff report. Members of the Committee discussed the following: 1) expressed concern about the additional cost for color; 2) request comparison Click Reports between black and white and color adds to determine if strategy is working; 3) adds will be in community newspapers and electronic media; 4) strategy to include one flight of color and one flight of black and white in community newspapers, but will not be advertised in the San Jose Mercury News; 5) request Click Reports to determine who is being driven to website, and; 6) dates of publication to be August 22 and August 29, 2016. M/S/C (Fredlund/Melton) to approve the combination public notice and publication strategy announcing the 2000 Measure A Citizens Watchdog Committee’s public hearing and the results of the independent compliance audit on FY 2015 Measure A revenues and expenditures. RESULT: MOVER: SECONDER: AYES: NOES: ABSENT: APPROVED [UNANIMOUS] Fredlund, Member Melton, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler None Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll CITIZENS ADVISORY COMMITTEE REGULAR AGENDA 16. OBAG 2 Project Scoring Criterion – Displacement Policies Marcella Rensi, Transportation Planning Manager – Planning and Grants, provided the staff report. Members of the Committee discussed the following: 1) point system; 2) Surplus Land Act directs public agencies to prioritize affordable housing, and; 3) implementation process evaluation. M/S/C (Morrow/Brownley) to recommend that the VTA Board of Directors adopt two additional One Bay Area Grant 2 criteria to comply with Metropolitan Transportation Commission's requirements for compliance with the California Surplus Lands Act and rewarding jurisdictions with adopted anti-displacement policies. RESULT: MOVER: SECONDER: AYES: NOES: ABSENT: APPROVED [UNANIMOUS] Morrow, Member Brownley, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter, Tebo, Wadler None Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 5 of 8 August 10, 2016 17. Express Lanes Operations Policies Murali Ramanujam, Transportation Engineering Manager, provided an overview of the staff report, and a presentation entitled “Recommended Changes to Existing Express Lanes Operations Policies,” highlighting: 1) Silicon Valley Express Lanes; 2) Bay Area Express Lanes Operators; 3) Bay Area Express Lanes Operations Policies; 4) Existing VTA Express Lanes Operations Policies; 5) Key Milestones; 6) How Violation Enforcement System Works, and; 7) HOV Violation. Members of the Committee expressed concern that the new policy may cause confusion. Public Comment Omar Chatty, Interested Citizen, commented on the following: 1) expressed concern noting when single occupancy drivers are restricted to two lanes it causes more accidents, more congestion and more greenhouse gasses; 2) he suggested different highway profiles should be considered, and; 3) noted his opposition to toll lanes. Discussion ensued regarding: 1) suggested adding signage, such as “Flex Transponder Required to Use This Lane” to make it clear to motorists, and; 2) extending the time of express lane operations. M/S/F (Morrow/Hashimoto) on a vote of 8 Ayes to 1 No to 1 Abstention to recommend that the VTA Board of Directors approve the following Express Lanes operations policies for implementation: a) Require all users of Express Lanes to use FasTrak or FasTrak Flex transponder. b) Require all eligible carpoolers including motorcycles, clean air vehicles and buses to use FasTrak Flex transponder to obtain toll free passage. c) Expand Express Lanes hours of operations to be in effect from 5 am to 8 pm. RESULT: MOVER: SECONDER: AYES: NOES: ABSTAIN: ABSENT: FAILED Morrow, Member Hashimoto, Member Brownley, Fredlund, Hashimoto, Melton, Morrow, Ramirez, Rogers, Schulter Wadler Tebo Blaylock, Elias, Hadaya, Hughan, Powers, Schmoll Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 6 of 8 August 10, 2016 18. Sales Tax Measure Administrative and Policy Items John Sighamony, Senior Transportation Planner, provided an overview of the staff report, highlighting the Sales Tax Measure Program Elements. Discussion ensued regarding the following: 1) Caltrain electrification; 2) grade separation funding; 3) local streets and roads requirement; 4) suggested using the CAC/CWC as the oversight committee should the potential tax measure pass, and; 5) expressed concern about economic and geographic equity. On order of Chairperson Wadler and there being no objection, the Committee forwarded to the Board of Directors the list of administrative guideline and policy items for November sales tax measure. Member Morrow left the meeting at 5:47 p.m. 19. Development Review Quarterly Report for April-June 2016 Melissa Cerrazo, Transportation Planner, provided the staff report. Members of the Committee discussed the following: 1) suggested VTA needs to aggressively critique projects that exacerbate the jobs and housing balance as this affects transportation, and; 2) importance of future planning for transit travel time improvements in the Tasman Drive Corridor. On order of Chairperson Wadler and there being no objection, the Committee received the Development Review Quarterly Report for April-June 2016. 20. Dynamic Transit Program – FLEX Pilot Project Update Greta Helm, Senior Advisor Business Development, provided an overview of the staff report and a presentation entitled “FLEX Pilot Project Update,” highlighting: 1) Background; 2) Program Goals; 3) Timeline; 4) FLEX Service Details; 5) Ridership; 6) Ridership by Hour; 7) Ridership by Stop; 8) Other Performance Measures; 9) Operating Costs; 10) Marketing and Promotion; 11) Rider Survey – Key Takeaways; 12) Non-Rider Survey – Key Takeaways; 13) Areas for future Exploration; 14) FLEX Operators’ Feedback; 15) Key Pilot Findings, and; 16) Next Steps. Discussion ensued regarding the following: 1) would like to see the cost breakdown, and; 2) encouraged VTA to continue looking for first last mile connection strategies, such as an Uber/Lyft partnership. On order of Chairperson Wadler and there being no objection, the Committee received information on the FLEX Pilot Project. 21. Bus Shelter Enhancement Strategy Update On order of Chairperson Wadler and there being no objection, the Committee deferred receiving a status update on the Bus Shelter Enhancement Strategy. Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 7 of 8 August 10, 2016 COMBINED CAC AND CITIZENS WATCHDOG COMMITTEE ITEMS 22. Citizens Advisory Committee and Citizens Watchdog Committee Work Plan On order of Chairperson Wadler and there being no objection, the Committee reviewed the Citizens Advisory Committee and Citizens Watchdog Committee Work Plans. OTHER 23. ANNOUNCEMENTS There were no Announcements. 24. ADJOURNMENT On order of Chairperson Wadler and there being no objection, the meeting was adjourned at 6:20 p.m. Respectfully submitted, Anita McGraw, Board Assistant VTA Office of the Board Secretary Citizens Advisory Committee 2000 Measure A Citizens Watchdog Committee Page 8 of 8 August 10, 2016 9 Date: Current Meeting: Board Meeting: August 30, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Director of Government Affairs, Jim Lawson SUBJECT: Legislative Update Matrix FOR INFORMATION ONLY BACKGROUND: The Legislative Update Matrix describes the key bills that are being considered by the California State Legislature during the second year of the 2015-2016 regular session, as well as during the special session called by Gov. Jerry Brown to address issues related to transportation funding. The matrix indicates the status of these measures and any VTA positions with regard to them. DISCUSSION: The purpose of this report is to provide an update on recent developments concerning important transportation issues facing lawmakers in Sacramento. Climate Change: During the week of August 22, the Legislature approved and sent to Gov. Brown two major bills that are intended to put in place a framework for reducing greenhouse gas emissions beyond 2020. The first measure, SB 32 (Pavley), requires the California Air Resources Board (CARB) to establish a post-2020 greenhouse gas emissions limit equivalent to 40 percent below the 1990 level to be achieved by 2030, consistent with an Executive Order that was issued by the Governor in April 2015. The bill, however, does not extend the “market-based compliance mechanism” provisions in current law that were used by CARB to set up and implement the state’s cap-and-trade system. According to the Legislative Counsel’s Office, without action on the part of the Assembly and Senate, these provisions would sunset on December 31, 2020. AB 197 (Garcia), the second measure, is intended to address concerns raised by moderate Democrats in the Assembly about the need for the Legislature to play a much stronger role in overseeing how CARB is implementing cap-and-trade and other elements of the state’s climate strategy. It is tied to SB 32, meaning that both bills must be signed by the Governor in order to 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 9 take effect. Specifically, AB 197 provides for the appointment of one senator by the Senate Rules Committee and one Assemblymember by the Speaker to serve as ex-officio, non-voting members on CARB. It also creates the Joint Legislative Committee on Climate Change Policies consisting of at least three senators and at least three Assemblymembers to ascertain facts and make recommendations to the Legislature concerning the state’s programs, policies and investments related to climate change. Under the provisions of AB 197, CARB would be required to make a presentation at least once a year to the Joint Legislative Committee on Climate Change Policies regarding the reported emissions of greenhouse gases, criteria pollutants and toxic air contaminants from all sectors covered by its Scoping Plan prepared pursuant to the Global Warming Solutions Act of 2006 (AB 32). This presentation must include an evaluation of emissions trends, and a discussion of the regulatory requirements, initiatives and other programs that may influence those trends. Other key elements of AB 197 are as follows: Requires CARB to make available on its Internet Web site information regarding the emissions of greenhouse gases, criteria pollutants and toxic air contaminants for each facility that reports data to CARB. This information must be updated at least annually and displayed in a manner that illustrates the changes in emissions levels over time. When adopting rules and regulations pursuant to the Global Warming Solutions Act to achieve emissions reductions beyond the 2020 limit and to protect the state’s most impacted and disadvantaged communities, requires CARB to consider the social costs of greenhouse gas emissions, and to prioritize both of the following: (1) rules and regulations that result in direct emissions reductions at large stationary sources and from mobile sources; and (2) rules and regulations that result in direct emissions reductions from other sources. Requires each Scoping Plan Update prepared by CARB to identify the following information for each emissions reduction measure, including any market-based compliance mechanism: (1) the range of projected greenhouse gas emissions reductions that would result from the measure; and (2) the cost-effectiveness, including avoided social costs, of the measure. Gov. Brown has indicated that he will sign both SB 32 and AB 197 into law. While these two bills do not resolve the uncertainty surrounding the future of cap-and-trade, they are a step in right direction. By committing California, in statute, to achieving a 2030 greenhouse gas emissions limit, SB 32 and AB 197 put to rest the question of whether the state’s climate efforts would continue beyond 2020. Thus, the two bills set the stage for the Assembly and Senate to seriously consider legislation next year to reauthorize cap-and-trade, given that cap-and-trade is viewed as being an integral part of the state’s climate strategy and would need to remain in place to achieve the 2030 greenhouse gas emissions limit. Bills Pending in the Legislature: The Legislature is in the home stretch of the 2015-2016 regular session, which will come to an end at midnight on August 31. Between now and then, the Assembly and Senate will conduct lengthy floor sessions to finish up their work. Some of Page 2 of 8 9 the measures of interest that are still alive in the legislative process are as follows: AB 1550 (Gomez) requires the three-year investment plan prepared by the Department of Finance for the expenditure of cap-and-trade auction proceeds to do the following: (1) allocate a minimum of 25 percent of available dollars to projects located within the boundaries of, and benefitting individuals living in, disadvantaged communities; (2) allocate a minimum of 5 percent of available dollars to projects that benefit low-income households; and (3) allocate a minimum of 5 percent of available dollars either to projects that benefit low-income households located within a half mile of a disadvantaged community, or to projects located within the boundaries of a low-income community that is within a half mile of a disadvantaged community. Under the provisions of the bill, money allocated pursuant to one of the aforementioned cannot count toward any of the other required minimum allocations. By contrast, current law requires a minimum of 25 percent of available cap-andtrade money to be expended for projects that benefit disadvantaged communities, with 10 percent required to be located within such communities. The 10 percent counts toward achieving the 25 percent minimum. AB 1613 (Budget Committee) appropriates $1.2 billion in “uncommitted” cap-and-trade auction proceeds currently sitting in the Greenhouse Gas Reduction Fund to 19 different categories of expenditures. Included in the bill are appropriations for the Transit and Intercity Rail Capital Program ($100 million) and the Active Transportation Program ($5 million). AB 1889 (Mullin) facilitates the expenditure of $1.1 billion in Proposition 1A bond proceeds previously appropriated to the California High-Speed Rail Authority for projects in the northern- and southern-most portions of the state's high-speed train system, including $600 million dedicated to electrifying the Caltrain Corridor. AB 1964 (Bloom) modifies the state’s Clean Vehicle Program, which enables certain lowemission vehicles to access carpool lanes with a single occupant. Specifically, this legislation: (1) eliminates the 2019 sunset date for green stickers, but retains this sunset date for white stickers; (2) eliminates the 85,000 cap on the number of green stickers that can be issued by the Department of Motor Vehicles (DMV); (3) sets several different expiration dates for green stickers, depending on when a particular sticker is issued; (4) prohibits the DMV from issuing green stickers if the sale of eligible vehicles reaches at least 9.2 percent of the total new car market share for two consecutive years; and (5) requires Caltrans to eliminate access to individual carpool lanes for green-stickered vehicles at the request of the appropriate regional transportation planning agency (RTPA), if certain conditions are met. SB 20 (Pavley) creates the Low Carbon Fuels Council to: (1) coordinate state agencies’ activities related to the acceleration and development of the in-state production of low carbon fuels; (2) identify and evaluate any gaps in existing programs, policies or activities that may impede the in-state construction of new or the expansion of existing low carbon fuel production facilities; and (3) make recommendations to the Legislature regarding changes to current state law that need to be made in order to help California achieve its greenhouse gas emissions reduction goals. Page 3 of 8 9 SB 1383 (Lara) requires CARB to approve and begin implementing a comprehensive shortlived climate pollutants strategy to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. Bills on the Governor’s Desk: On July 25, Gov. Brown signed into law AB 516 (Mullin), which calls for developing a statewide temporary license plate system to ensure that purchased vehicles are identifiable to law enforcement officials and agencies that operate toll facilities during the period between the point-of-sale and when permanent plates are received by the buyer. The Governor also signed SB 882 (Hertzberg) on August 22, which prohibits a public transit agency from charging a minor with an infraction or misdemeanor for acts of fare evasion. While this measure decriminalizes fare evasion committed by minors, public transit agencies would still be able to levy fines and penalties against minors for such acts through an administrative adjudication process. Bills of interest that have been approved by the Legislature and are awaiting consideration by Gov. Brown include the following: AB 2374 (Chiu), among other things, deletes provisions in current law that limit the use of the Construction Manager/General Contractor (CMGC) delivery method for expressway projects to only those included in a voter-approved expenditure plan, thereby allowing VTA and other regional transportation agencies, as defined, to use CMGC for any expressway project, as long as it is not on the state highway system. SB 824 (Beall) provide a few more tools and a little more flexibility to enable public transit agencies to more effectively manage and utilize their formula shares under the Low Carbon Transit Operations Program (LCTOP). The modest changes to LCTOP proposed by this bill would put public transit agencies in a better position to maximize reductions in greenhouse gas emissions by allowing them to expend their formula shares in a way that makes the most sense for their individual systems and their unique set of circumstances. SB 838 (Budget Committee) is the transportation budget trailer bill. Included in SB 838 are provisions requiring the Controller’s Office to use the same list of eligible recipients and the same proportional operator shares from the fourth quarter of FY 2015 to distribute any unallocated FY 2016, and all FY 2017 and FY 2018 State Transit Assistance Program (STA) revenue-based funds. These provisions are intended to undo controversial changes to the methodology used to distributed STA revenue-based funds that were implemented by the Controller’s Office beginning with the first quarter allocations for FY 2016. These changes have resulted in a shifting of STA revenue-based funds not only between different regions of the state, but also between different public transit operators within each region, thereby creating winners and losers up and down the state. SB 998 (Wieckowski) prohibits motorists from parking, stopping or driving in a roadway lane that has been designated for the exclusive use of public transit buses. While the Vehicle Code prohibits motorists from parking, stopping or leaving their cars at a curbside bus stop, Page 4 of 8 9 there are no comparable provisions in state law relating to bus-only lanes. SB 998 corrects this deficiency, so that public transit agencies would be able to address situations where motorists are inappropriately using bus-only lanes and obstructing the operation of their bus rapid transit (BRT) service. SB 1128 (Glazer) eliminates the January 1, 2017, sunset date pertaining to the Bay Area’s ordinance requiring certain employers in the region to offer one of four specified commute benefits to their employees, and allows the Metropolitan Transportation Commission (MTC) and the Bay Area Air Quality Management District (BAAQMD) to continue to implement this ordinance on a permanent basis. Transportation Funding: On August 17, Senate Transportation & Housing Committee Chairman Jim Beall and Assembly Transportation Committee Chairman Jim Frazier jointly released a revised transportation funding proposal that combines elements from their respective bills, SBX1-1 and AB 1591, as well as incorporates some of the suggestions offered by Gov. Brown and Republican legislators. Since then, the proposal has been amended into SBX1-1, which is currently pending before the Senate Appropriations Committee, and has been introduced in the Assembly as a new bill, ABX1-26. In general, the Beall-Frazier proposal is intended to generate new transportation dollars through a variety of revenue sources to: (1) address the significant funding shortfalls that currently exist for maintenance and rehabilitation work related to state highways and local streets/roads; (2) improve mobility in key goods movement corridors; (3) provide additional investments in public transit; and (4) supplement existing resources for active transportation. In addition, the Beall/Frazier proposal attempts to fix a number of lingering and nagging challenges that have been plaguing transportation funding for years, such as the volatility of the variable gasoline excise tax, the loss of purchasing power of both the gas and diesel excise taxes through inflation, the repayment of all outstanding loans owed by the General Fund to various transportation accounts, and the diversion of vehicle weight fee revenues to the General Fund. The Beall/Frazier proposal establishes the Road Maintenance and Rehabilitation Account to be funded with revenues derived from the following sources: Increase in the gasoline excise tax of 17 cents per gallon (estimated to generate $2.5 billion per year), which would be indexed to inflation every three years. Registration surcharge of $38 per year imposed on all motor vehicles (estimated to generate $1.3 billion per year), which would be indexed to inflation every three years. Registration surcharge of $165 per year imposed on zero-emission vehicles (estimated to generate $16 million per year), which would be indexed to inflation every three years. This surcharge would be paid by the owner of a zero-emission vehicle starting with the second year of ownership. Revenues obtained by Caltrans through the rental or sale of property, the sale of documents, and charges for other miscellaneous services provided to the public (estimated to generate Page 5 of 8 9 $149 million per year). Currently, these revenues are deposited into the General Fund and are used for debt service on general obligation bonds issued for transportation purposes. The Beall/Frazier proposal calls for distributing the revenues deposited into the new Road Maintenance and Rehabilitation Account in the following manner: $200 million per year would be taken off the top for allocation to local jurisdictions that have sought and gained voter approval of a local transportation special tax, or that have imposed uniform developer or other fees solely for transportation improvements. The California Transportation Commission (CTC) would be required to develop guidelines to define the specific methodology that would be used to distribute these funds. $80 million per year would be taken off the top and distributed to the Active Transportation Program. In addition, Caltrans, on an annual basis, would be required to identify savings to be achieved through efficiencies implemented by the department. The funds resulting from these savings, up to a maximum of $70 million, are required to be allocated to the Active Transportation Program. For FY 2018 only, $100 million would be taken off the top and allocated to Caltrans to be used to fund the implementation of regional advance environmental mitigation plans for future transportation projects. Of the amount remaining in the Road Maintenance and Rehabilitation Account after the aforementioned set-asides, 50 percent would be allocated to Caltrans for maintenance of the state highway system, and for projects programmed in the State Highway Operation and Protection Program (SHOPP). The other 50 percent would be provided to cities and counties for their local roadway systems. In the latter case, the funds would be equally divided between cities and counties, with the cities’ portion being allocated by a formula based on population, and the counties’ share by a formula based on vehicle registrations and miles of maintained county roads. The Beall/Frazier proposal includes new funding for public transit and trade corridors, which would be derived from the following revenue sources: Increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent. Increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Low Carbon Transit Operations Program from 5 percent to 10 percent. Increase in the diesel sales tax by a rate of 3.5 percent to provide an estimated $216 million annually in additional funding for STA. The Beall/Frazier proposal also calls for indexing a portion of the diesel sales tax rate currently dedicated to STA to inflation every three years. Public transit agencies would be required to expend these new revenues for the following purposes: (1) capital projects or services to maintain or repair existing vehicles or facilities; (2) the design, acquisition or construction of new vehicles or facilities that would improve Page 6 of 8 9 existing services; or (3) public transit service that would complement local efforts related to repairing or improving local transportation infrastructure. Increase of 30 cents per gallon in the diesel excise tax (estimated to generate $900 million per year), which would be indexed to inflation every three years. These new revenues would be deposited into the existing Trade Corridors Improvement Fund and used for goods movement projects programmed by the CTC according to the process spelled out in current law. In addition, revenues apportioned to California from the formula-based National Highway Freight Program established by the federal Fixing America’s Surface Transportation (FAST) Act would be deposited into the Trade Corridors Improvement Fund and allocated to projects in the same manner. In addition to raising new revenues for transportation purposes, the Beall/Frazier proposal would: Address the volatility of the variable portion of the state’s gasoline excise tax by: (1) ending the Board of Equalization’s annual adjustments; (2) converting the variable rate to a fix rate of 17.3 cents per gallon; and (3) indexing the fixed rate to inflation every three years to maintain purchasing power. End the erosion of purchasing power of the existing 18-cent-per-gallon gasoline and 13-centper gallon diesel excise taxes by indexing them to inflation every three years. Gradually recapture vehicle weight fee revenues for transportation purposes over a five-year period. Currently, vehicle weight fee revenues, which amount to roughly $1 billion a year, are transferred from the State Highway Account to the General Fund and are used to pay debt service on transportation-related general obligation bonds. The Beall/Frazier proposal aims to have 100 percent of these revenues going to the State Highway Account beginning in FY 2022. Require the repayment of approximately $700 million in outstanding loans owed by the General Fund to the State Highway Account, the Motor Vehicle Fuel Account, the Highway Users Tax Account (HUTA), and the Motor Vehicle Account over a two-year period. Under the Beall/Frazier proposal, one half of this outstanding balance must be repaid by June 30, 2017, and the remainder by June 30, 2018. These one-time revenues would be split 50 percent to Caltrans for state highway maintenance and SHOPP projects, and 50 percent to cities/counties for local streets/roads. Require gas tax revenues derived from boats, agricultural vehicles and off-road vehicles to be deposited into HUTA, rather than the General Fund, and distributed as follows: (1) 44 percent to the State Transportation Improvement Program (STIP); (2) 44 percent to cities/counties for local streets/roads; and (3) 12 percent to the SHOPP. The Beall/Frazier proposal incorporates a number of policy reforms that were either included in the Governor’s transportation funding package, or suggested by Assembly and Senate Republicans. These policy measures include: Page 7 of 8 9 Creating an Office of the Transportation Inspector General to ensure that Caltrans, the California High-Speed Rail Authority and other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with applicable federal and state laws. Providing an exemption from the California Environmental Quality Act (CEQA) for roadway maintenance projects occurring within existing rights-of-way. Pulling the CTC out from under the California State Transportation Agency (CalSTA) and re-establishing it as a separate state government entity. Establishing an Advance Transportation Project Mitigation Program administered by the state Natural Resources Agency to improve the success and effectiveness of actions implemented to mitigate the natural resource impacts of future transportation projects by establishing ways to undertake such actions well before the projects are constructed. Extending indefinitely the statutory authorization for Caltrans to participate in a federal program that allows states to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA). Technically, the special session called by Gov. Brown last year to consider issues related to transportation funding expires on November 30. Therefore, if the Legislature is not able to pass a transportation funding bill before the two-year regular session concludes on August 31, lawmakers could conceivably be called back to Sacramento any time before midnight on November 30 to vote on such a measure if a deal appears to be in the works. Prepared By: Kurt Evans, Government Affairs Manager Memo No. 5395 Page 8 of 8 9.a LEGISLATIVE UPDATE MATRIX 2015 - 2016 State Legislative Session August 19, 2016 1B205 2B 2016 Regular Session Calendar JANUARY DAY 4B 1 Statutes signed into law in 2015 take effect. 4 Legislature reconvenes. 10 Budget must be submitted by the Governor to the Legislature on or before this date. 15 Last day for policy committees to hear and report fiscal bills introduced in their house of origin in 2015. 22 Last day for any committee to hear and report to the floor bills introduced in their house of origin in 2015. 22 Last day to submit bill requests to the Legislative Counsel’s Office. 31 Last day for bills introduced in 2015 to be passed out of their house of origin. JUNE DAY 8B 3 Last day for bills introduced in 2016 to be passed out of their house of origin. 15 Budget must be passed by midnight. 30 Last day for legislative measures to qualify for placement on November 8 general election ballot. JULY DAY 14B 9B 1 Last day for policy committees to hear and report bills introduced in the other house. Summer Recess begins upon adjournment, provided that the Budget Bill has been enacted. AUGUST DAY FEBRUARY DAY 10B 1 Legislature reconvenes from Summer Recess. 12 Last day for fiscal committees to hear and report to the floor bills introduced in the other house. MARCH 19 Last day to amend bills on the Assembly and Senate floors. 17 Spring Recess begins upon adjournment. 31 28 Legislature reconvenes from Spring Recess. Last day for each house to pass bills. Final Recess begins at the end of this day’s session. 5B 19 Last day for new bills to be introduced. DAY APRIL DAY Last day for policy committees to hear and report fiscal bills introduced in their house of origin in 2016. 30 MAY DAY 6 Last day for policy committees to hear and report to the floor non-fiscal bills introduced in their house of origin in 2016. 5 27 Last day for fiscal committees to hear and report to the floor bills introduced in their house of origin in 2016. DAY SEPTEMBER 1B 6B 22 DAY 7B 2015-2016 Legislative Update Matrix Last day for the Governor to sign or veto bills passed by the Legislature before September 1, and in his possession on or after September 1. DECEMBER 12B 2017-2018 Regular Session convenes. Page 1 of 55 9.a State Assembly Bills State Assembly Bills Subject Last Amended Status AB 12 (Cooley) State Agency Regulations By January 1, 2018, requires each state agency to do all of the following: (1) review all provisions of the California Code of Regulations adopted by that state agency; (2) identify any regulations that are duplicative, overlapping, inconsistent, or out-of-date; and (3) adopt, amend or repeal regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date provisions. 8/19/15 Senate Appropriations Committee AB 51 (Quirk) Motorcycles: Lane Splitting Defines “lane splitting” to mean driving a motorcycle that has two wheels in contact with the ground between rows of stopped or moving vehicles in the same lane, including on divided or undivided streets, roads or highways. Authorizes the California Highway Patrol (CHP) to develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist, and the drivers and passengers of the surrounding vehicles. 6/1/16 Governor’s Office AB 197 (E. Garcia) Joint Legislative Committee on Climate Change Policies Provides for the appointment of one senator by the Senate Rules Committee and one Assemblymember by the Speaker to serve as ex-officio, non-voting members of the California Air Resources Board (CARB). Creates the Joint Legislative Committee on Climate Change Policies to ascertain facts and make recommendations to the Legislature concerning the state’s programs and policies related to climate change. Requires CARB to consider adopting measures to achieve the state’s greenhouse gas emissions limits based on the following priority: (1) measures the result in direct reductions in the emissions of greenhouse gases from large stationary sources, such as oil refineries, and from the transportation sector in the most technologically feasible and cost-effective manner possible that account for the societal costs of the emissions of greenhouse gases; and (2) measures that result in direct reductions in the emissions of greenhouse gases from other sources in the most technologically feasible and cost-effective manner possible that account for the societal costs of the emissions of greenhouse gases. Requires CARB to rank all emissions reduction measures based on both of the following: (1) the reductions in emissions of greenhouse gases, criteria pollutants and toxic air contaminants resulting from the implementation of the measure; and (2) the cost-effectiveness of the measure. 8/2/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 2 of 55 9.a State Assembly Bills AB 318 (Chau) Lost Items Found on Public Transit Property Subject If a lost or unclaimed item worth $100 or more in value is found on a vehicle or the property of a public transit agency, requires the person who found the item to turn it in to the public transit agency, rather than to law enforcement. Provides 90 days for the owner of the item to reclaim it from the public transit agency. Allows the public transit agency to require payment by the owner of a reasonable charge to defray the costs of storage and care of the property. If the reported value of the item is $250 or more, and no owner appears and proves his or her ownership of the item within 90 days, requires the public transit agency to cause notice of the item to be published at least once in a newspaper of general circulation. If, after seven days, no owner appears and proves his or her ownership of the item, and the person who found or saved the item pays the cost of the publication, provides that the title shall vest in that person. If the item was found in the course of employment by an employee of the public transit agency, requires the item to be sold at public auction. If the reported value of the item is less than $250, and no owner appears and proves his or her ownership of the item within 90 days, provides that the title shall vest in the person who found the item. If the item was found in the course of employment by an employee of the public transit agency, requires the item to be sold at public auction. Applies all of the following with respect to lost or unclaimed bicycles turned in to or held by a public transit agency: (1) if the owner of a bicycle appears within 45 days after receipt by the public transit agency, proves his or her ownership, and pays all reasonable charges, requires the public transit agency to restore the bicycle to the owner; (2) if the bicycle remains unclaimed after 45 days, allows the public transit agency to dispose of it by sale at a public auction to the highest bidder; (3) requires the public transit agency to give notice of the sale at least five days prior to the auction by publication in a newspaper of general circulation in the county in which the bicycle was found; (4) if a bicycle remains unsold after the auction, allows the public transit agency to destroy or otherwise dispose of it; and (5) allows a public transit agency to donate an unclaimed bicycle after 45 days to a charitable organization if the agency’s board of directors holds a public hearing to determine the organization that would receive the bicycle and the agency provides notice at least five days prior to the donation by publication in a newspaper of general circulation in the county in which the agency operates. Prohibits a public transit agency from donating unclaimed bicycles more than two times per calendar year. Provides that the number of bicycles donated shall not exceed 25 percent of the total number of lost or unclaimed bicycles found or saved by the public transit agency during the prior six months. Requires any public transit agency that donates unclaimed bicycles to a charitable organization pursuant to the provisions of this bill to submit a report, as specified, to the Assembly and Senate Judiciary Committees by January 1, 2020. Repeals all of the provisions of the bill on January 1, 2021. 2015-2016 Legislative Update Matrix Last Amended 6/11/15 Status VTA Position Senate Judiciary Committee Page 3 of 55 9.a State Assembly Bills Subject Last Amended Status AB 338 (R. Hernandez) LA Metro: Local Transportation Sales Taxes In addition to any other tax that it is authorized to impose or has imposed, allows the Los Angeles County Metropolitan Transportation Authority (LA Metro) to impose a transactions and use tax at the rate of 0.5 percent for a period not to exceed 30 years that would be applicable in the incorporated and unincorporated areas of Los Angeles County. Requires the ordinance imposing the tax to contain the following: (1) an expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax; (2) a requirement that the expenditure plan include measures to ensure that net revenues are share equitably between regions of the county; (3) a provision limiting LA Metro’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues; (4) a requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the state Board of Equalization and LA Metro’s administrative costs, be used to fund the transportation projects and programs identified in the expenditure plan; (4) a requirement that LA Metro, during the period that the ordinance is operative, allocate 20 percent of all net revenues from the tax for operating costs associated with bus service provided by LA Metro and the municipal transit operators in Los Angeles County; and (5) a requirement that LA Metro, during the period that the ordinance is operative, allocate 5 percent of all net revenues from the tax for rail operations. Requires LA Metro to notify the Legislature prior to taking action on any amendments to the adopted expenditure plan. Provides that the ordinance shall become operative if approved by a two-thirds vote of the electorate in Los Angeles County. Authorizes LA Metro to incur bonded indebtedness payable from the net revenues of the tax. 4/13/15 Senate Transportation & Housing Committee AB 516 (Mullin) Temporary License Plates No later than January 1, 2019, requires the Department of Motor Vehicles to develop and implement an operational system that allows a vehicle dealer or lessor-retailer to electronically report the sale of a vehicle and provide a temporary license plate. Requires the dealer or lessorretailer to attach a temporary license plate at the point of sale. Allows a vehicle to operate with temporary license plates until either: (1) the permanent license plates and registration card are received by the vehicle owner; or (2) 90 days have lapsed from the vehicle’s selling date. Allows a vehicle to continue to display a report-of-sale form or temporary license plates after 90 days if the owner provides proof that he or she has submitted an application to the DMV, and it has been no more than 14 days since the permanent license plates were issued to the owner. Requires the DMV to assess a fee for the recording of notices of delinquent parking and toll evasion violations given to the department by a processing agency that is sufficient to provide a total amount equal to at least its actual costs related to administering the electronic report-of-sale and temporary license plate system. Beginning January 1, 2019, authorizes vehicle dealers to raise their document processing fees by $5. In addition, allows vehicle dealers to impose an electronic filing charge for reporting vehicle sales and producing temporary license plates. Specifies that it is a felony for a person to alter, forge, counterfeit, or falsify a temporary license plate. 6/23/16 Signed into Law: Chapter #90 2015-2016 Legislative Update Matrix VTA Position Support Page 4 of 55 9.a State Assembly Bills Subject Last Amended Status AB 590 (Dahle) Cap-and-Trade: Biomass Power Generation Allows cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be made available to the State Energy Resources Conservation and Development Commission, upon appropriation by the Legislature, for purposes related to maintaining the current level of biomass power generation and geothermal energy generation in California, and revitalizing currently idle facilities in strategically located regions. To be eligible for funding, requires a generation facility to satisfy all of the following: (1) the energy is generated on and after January 1, 2016; (2) the energy is generated using biomass wood wastes and residues or geothermal resources, and is sold to a load-serving entity; (3) the energy is generated at a facility with a generation capacity of more than three megawatts; and (4) the energy is generated within California and sold to customers within the state. In prioritizing projects for funding, requires the State Energy Resources Conservation and Development Commission to maximize the reduction of greenhouse gas emissions achieved by a project for each dollar awarded. Working in consultation with the California Air Resources Board (CARB), requires the State Energy Resources Conservation and Development Commission to ensure that projects receiving funding achieve net reductions in greenhouse gas emissions. 7/9/15 Senate Appropriations Committee AB 620 (R. Hernandez) LA Metro Express Lanes: Low-Income Assistance Program Requires the Los Angeles County Metropolitan Transportation Authority (LA Metro) to take additional steps to increase enrollment and participation in its existing low-income assistance program related to its I-10 and I-110 express lanes. In this regard, requires LA Metro to improve the awareness of the program through advertising, and by working with local community groups and social service agencies to distribute information about the program. Requires LA Metro to consider offering greater incentives to encourage participation in the program. 1/27/16 Senate Floor 2015-2016 Legislative Update Matrix VTA Position Page 5 of 55 9.a State Assembly Bills Subject Last Amended Status AB 626 (Chiu) Public Works Contracts: Claims Establishes a claim resolution process that would be applicable to all public works contracts entered into by a public entity on or after January 1, 2016. Upon receipt of a claim from a contractor sent by registered mail or certified mail with return receipt requested, requires the public entity to conduct a reasonable review of the claim and, within a period not to exceed 45 days, to provide a written statement to the contractor identifying what portion of the claim is disputed and what portion is undisputed. Allows this time period to be extended by mutual agreement between the public entity and the contractor. Requires the contractor to furnish reasonable documentation to support the claim. Specifies that if a public entity needs approval from its governing board to provide such a written statement to the contractor and its governing board does not meet within the 45-day period or within the mutually agreed to extension of time following receipt of the claim, allows the public entity to have up to three days following the next publicly noticed meeting of its governing board after the 45-day period or time extension to provide the written statement to the contractor. Provides that failure by the public entity to respond to the claim within the specified time period shall result in the claim being rejected in its entirety. Requires any payment due on the undisputed portion of the claim to be processed and made within 60 days after the public entity issues its written statement. If the contractor disputes the public entity’s written statement or if the public entity fails to respond to a claim within the time prescribed, allows the contractor to demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Requires any disputed portion of the claim following the conclusion of the meet-and-confer conference, as identified in writing, to be submitted to non-binding arbitration, with the public entity and the contractor sharing the associated costs equally. Unless otherwise agreed to by the public entity and the contractor in writing, provides that the mediation conducted pursuant to this bill shall excuse any further obligation to mediate after litigation has commenced. Allows a contractor to present a claim to a public entity on behalf of a subcontractor or a lower-tier subcontractor lacking legal standing to assert such a claim. Requires the contractor to notify the subcontractor in writing within 45 days as to whether the claim was presented to the public entity, or to provide the subcontractor a statement of reasons as to why the claim was not presented. Subjects amounts for claims not paid by the public entity to the contractor in a timely manner as required by this bill to bear interest at 7 percent per annum. Exempts certain state agencies from the provisions of the bill. Sunsets the provisions of the bill on January 1, 2020. 6/8/16 Senate Appropriations Committee AB 645 (Williams) Electricity: California Renewables Portfolio Standard Pursuant to the California Renewables Portfolio Standard, requires the California Public Utilities Commission (CPUC), by January 1, 2017, to establish the quantity of electricity products from eligible renewable energy resources to be procured by each retail seller for specified compliance periods sufficient to ensure that the procurement of electricity products from these resources achieves 50 percent of retail sales by December 31, 2030. Requires the quantities to reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016; 33 percent by December 31, 2020; 38 percent by December 31, 2023; 44 percent by December 31, 2026; and 50 percent by December 31, 2030. Requires the CPUC to require retail sellers to procure not less than 50 percent of retail sales of electricity products from eligible renewable energy resources in all subsequent years. As Introduced Senate Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 6 of 55 9.a State Assembly Bills Subject AB 678 (O’Donnell) Energy Efficiency and Greenhouse Gas Reductions Ports Program Requires the California Air Resources Board (CARB), in conjunction with the State Energy Resources Conservation and Development Commission, to develop and implement an Energy Efficiency and Greenhouse Gas Reductions Ports Program. Provides that the purpose of this program is to fund energy efficiency upgrades and investments at public ports that help reduce the emissions of criteria pollutants, toxic air contaminants and greenhouse gases. Authorizes CARB to expend cap-and-trade auction proceeds that it receives from an appropriation from the Greenhouse Gas Reduction Fund to implement the program. In order to receive funding from the program for energy-related projects, requires a port to develop and adopt, in consultation with the respective electric utility providing service to the port, an energy plan. Requires a port’s energy plan to be approved by the State Energy Resources Conservation and Development Commission. Provides that the plan shall: (1) adhere to the state’s preferred energy loading order; and (2) require benchmarking for energy retrofit projects and reporting of measurable energy savings. In prioritizing projects for funding, requires CARB to consider the extent to which a project would reduce greenhouse gas emissions, and provide environmental and public health co-benefits, including improved air and water quality. 8/18/15 Senate Appropriations Committee AB 779 (Garcia) Local Government: Financial Disclosures Within six months of the close of a fiscal year, requires a city, county or special district to post a link on the home page of its Internet Web site that contains the names, positions and total compensation, including a breakdown of the types of compensation provided, of each elected official within that entity for the previous fiscal year and the 10 employees with the greatest total compensation. Defines “total compensation” to include payments for salaries, overtime, unused vacation time, stipends, pension contributions, retirement contributions, health premium contributions, automobile allowances, phone allowances, and technology allowances. Specifies that “total compensation” does not include reimbursements or payments for work-related travel expenses. 6/2/16 Senate Governance & Finance Committee AB 828 (Low) Regulated Transportation Services Until January 1, 2018, excludes any motor vehicle operated in connection with a transportation network company from the definition of “commercial vehicle” if the vehicle: (1) is operated only for passenger service; (2) is limited to seven passengers, not including the driver; (3) is operated exclusively by the person to whom it is registered or insured; (4) is not a paratransit vehicle; (5) is not operated for public transit services; and (6) is not operated for school bus services. Requires the California Public Utilities Commission (CPUC) to conduct an investigation to consider whether existing statutes and regulations relating to for-hire passenger transportation services meet the public interest, encourage innovation, and create a fair and competitive transportation market among companies that provide regulated transportation services. Requires the CPUC to complete this investigation, and report its conclusions and recommendations to the Legislature by January 1, 2017. 6/30/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 7 of 55 9.a State Assembly Bills Subject AB 869 (Cooper) Fare Evasion and Prohibited Conduct on Transit Vehicles For those public transit agencies that use an administrative adjudication process for fare evasion and passenger misconduct violations, provides that a person who fails to pay the administrative penalty when due or to have the violation dismissed may be subject to criminal penalties. Requires the public transit agency to include in the notice of fare evasion or passenger misconduct a printed statement indicating that the person may be charged with an infraction or misdemeanor if the administrative penalty is not paid when due or is not dismissed. Requires the public transit agency to dismiss the original notice of fare evasion or passenger misconduct, and to make no further attempts to collect the administrative penalty if the person is charged with an infraction or misdemeanor after failing to pay the administrative penalty or failing to successfully complete the administrative adjudication process. Requires the public transit agency to serve the person charged with an infraction or misdemeanor with a new notice of fare evasion or passenger misconduct that sets forth the criminal violation. 6/18/15 Senate Floor AB 1030 (Ridley-Thomas) Cap-and-Trade: Disadvantaged Workers For projects involving hiring that are seeking an allocation of cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund, requires priority to be given to those projects that support the targeted training and hiring of workers from disadvantaged communities for career-track jobs. 7/7/15 Senate Appropriations Committee AB 1108 (Burke) Zero-Emission Vehicles Declares that it is the policy of the state to foster the use of zero-emission vehicles as an environmentally and economically beneficial strategy to reduce air pollution, and promote public health and well-being. No later than December 31, 2017, requires the California Air Resources Board (CARB) to adopt a regulation establishing that by 2025, no less than 15 percent of all new car sales within the state shall be zero-emission vehicles. 8/16/16 Senate Floor AB 1289 (Cooper) Transportation Network Companies: Drivers Requires a transportation network company to conduct, or have a third party conduct, a local and national criminal background check for each participating driver that includes both of the following: (1) a multi-state and multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation; and (2) a search of the U.S. Department of Justice National Sex Offender Public Website. Prohibits a transportation network company from contracting with, employing or retaining a driver if he or she is currently registered on the U.S. Department of Justice National Sex Offender Website, or has been convicted of any of the following: (1) a violent felony; (2) any misdemeanor assault or battery; (3) any domestic violence offense; or (4) driving under the influence of alcohol or drugs. 8/2/16 Senate Floor AB 1360 (Ting) Transportation Network Companies: Ridesharing Allows a transportation network company or a charter-party carrier of passengers that prearranges a ride among multiple passengers who share the ride in whole or in part to charge an individual fare, rather than a vehicle-mileage or time-of-use fare, provided that all of the following conditions are met: (1) the vehicle seats no more than seven passengers, not including the driver; (2) the driver is a participating driver, as defined; (3) the vehicle is not used to provide public transit services or to carry passengers over a fixed route; (4) the vehicle is not used to provide pupil transportation or public paratransit services; and (5) the individual fare for each passenger is less than the fare that would be charged for the same ride to a passenger traveling alone. 7/2/15 Senate Energy, Utilities & Communications Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 8 of 55 9.a State Assembly Bills Subject Last Amended AB 1364 (Linder) California Transportation Commission Excludes the California Transportation Commission (CTC) from the California State Transportation Agency (CalSTA), and establishes it as a separate and independent entity in state government. As Introduced Senate Transportation & Housing Committee AB 1549 (Wood) State Highway Rightsof-Way: Fiber-Optic Cables Requires Caltrans to maintain an inventory on a centralized database of all broadband conduits that: (1) house fiber optic communication cables; (2) are owned by the department; (3) are located in state highway rights-of-way; and (4) are installed on or after January 1, 2017. Requires Caltrans to make this information available, upon request, to companies or organizations working on broadband deployment. During the design phase of a Caltrans-led highway construction project that is parallel to the highway, spans at least two overpasses, and involves construction methods suitable for installing broadband conduit, requires the department to notify companies and organizations working on broadband deployment of the project on its Internet Web site to encourage collaborative broadband installations. As part of each project, requires Caltrans to install broadband conduit capable of supporting fiber optic communication cables if no company or organization working on broadband deployment collaborates with the department and if no broadband conduit previously exists in a project area. 6/30/16 Senate Appropriations Committee AB 1550 (Gomez) Greenhouse Gas Reduction Fund: Investment Plan Requires the three-year investment plan prepared by the Department of Finance for the expenditure of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to do the following: (1) allocate a minimum of 25 percent of available dollars in the fund to projects located within the boundaries of, and benefiting individuals living in, disadvantaged communities; and (2) allocate a minimum of 20 percent of available dollars to projects that either benefit low-income households, or are located within the boundaries of, and benefit individuals living in, low-income communities, which must be separate from the minimum 25 percent required for disadvantaged communities. Defines “low-income households” to mean those with household incomes at or below 80 percent of the statewide median income, or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits. Defines “low-income communities” to mean census tracts with median household incomes at or below 80 percent of the statewide median income, or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits. 8/2/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix Status VTA Position Page 9 of 55 9.a State Assembly Bills Subject AB 1555 (Gomez) Cap-and-Trade Auction Proceeds: FY 2017 Funds For FY 2017, appropriates $800 million in cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund for the following: (1) $290 million to the California Air Resources Board (CARB) for low carbon transportation and infrastructure programs; (2) $10 million to CARB for active transportation and transit pass investments; (3) $100 million to the Department of Community Services and Development, and the California Conservation Corps for weatherization and low-income solar rooftop programs; (4) $100 million to the State Energy Resources Conservation and Development Commission, and the Department of Water Resources for equipment and other replacement programs; (5) $10 million to the Department of Water Resources for energy efficient groundwater pump replacement grant programs; (6) $5 million to the Department of Food and Agriculture, and $15 million to the Department of Resources Recycling and Recovery to provide incentive programs for water diversion, biogas development and compost programs; (7) $10 million to the Department of Food and Agriculture for on-farm energy and water efficiency programs; (8) $100 million to the Department of Fish and Wildlife for wetland development, rehabilitation and enhancement; (9) $85 million to the California Coastal Conservancy for wetland and watershed restoration, and carbon sequestration; (10) $15 million to the Natural Resources Agency for riparian and revegetation programs; (11) $25 million to the Natural Resources Agency for local-climate-beneficial projects for urban greening, urban canopies, urban brownfield conversation, and other related projects; (12) $10 million to the Natural Resources Agency for agricultural and rangeland carbon sequestration programs; and (13) $25 million to the Department of Forestry and Fire Protection for urban forestry. States the intent of the Legislature to set aside and reserve $150 million in future cap-and-trade auction proceeds for legislative priorities. 3/28/16 Assembly Budget Committee AB 1569 (Steinorth) CEQA: Exemption for Certain Transportation Projects Exempts from the California Environmental Quality Act (CEQA) a project that consists of the inspection, maintenance, repair, rehabilitation, replacement, or removal of existing transportation infrastructure, including highways, roadways, bridges, tunnels, culverts, public transit systems, bikeways, paths and sidewalks serving bicycles or pedestrians, and the addition of auxiliary lanes or bikeways to existing transportation infrastructure, if the project meets all of the following conditions: (1) the project is located within an existing right-of-way; (2) any area surrounding the right-of-way that is to be altered as a result of construction activities that are necessary for the completion of the project will be restored to its condition before the project; and (3) the project does not add additional motor vehicle lanes, except auxiliary lanes. 3/28/16 Assembly Natural Resources Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 10 of 55 9.a State Assembly Bills Subject AB 1572 (Campos) School Transportation Provides that a pupil attending a public, non-charter school that receives Title 1 federal funding shall be entitled to free transportation to and from school if either of the following conditions are met: (1) the pupil resides more than one-half mile from the school; or (2) the neighborhood through which the pupil must travel to get to school is unsafe due to such factors as stray dogs, lack of sidewalks, known gang activity, presence of environmental problems and hazards, required crossings of freeways or busy intersections, or other reasons as documented by stakeholders. Requires a school district not currently providing transportation to all pupils attending schools that receives Title 1 federal funding to implement a plan to ensure that all pupils entitled to free transportation pursuant to this bill receive it. Requires the plan to be developed in consultation with teachers, school administrators, regional and local transit authorities, local air districts, Caltrans, parents, pupils, and other stakeholders. Specifies that if free, dependable and timely transportation is currently not already available to pupils who are entitled to it pursuant to this bill, the school district must ensure that such pupils are provided free transportation. Allows a school district to partner with a municipality owned transit system to provide the transportation required pursuant to this bill to middle school and high school pupils if all of the following conditions are met: (1) all drivers of the municipality owned transit system are public employees; and (2) the municipality owned transit system can certify that the transit system can ensure consistent, adequate routes and schedules to enable pupils to get home, to school and back, and does not charge the school district more than marginal cost for each transit pass. Creates the Transportation and Access to Public School Fund. Requires all transportation provided pursuant to this bill to be reimbursed by the Transportation and Access to Public School Fund. Upon appropriation by the Legislature, requires revenues distributed to the Transportation and Access to Public School Fund to be allocated to local educational agencies pursuant to a process established by the Department of Education. 2015-2016 Legislative Update Matrix Last Amended 4/21/16 Status VTA Position Assembly Appropriations Committee Page 11 of 55 9.a State Assembly Bills AB 1591 (Frazier) Transportation Funding Subject Last Amended Proposes to generate new revenues for transportation purposes from the following sources: (1) an increase in the gasoline excise tax of 22.5 cents per gallon; (2) an increase in the diesel excise tax of 30 cents per gallon; (3) a registration surcharge of $38 per year imposed on all motor vehicles; and (4) a registration surcharge of $165 per year imposed on zero-emission vehicles. Requires the repayment over the next two years of approximately $879 million in outstanding loans owed by the General Fund to the State Highway Account, the Motor Vehicle Fuel Account, the Highway Users Tax Account (HUTA), and the Motor Vehicle Account. Beginning July 1, 2019, and every three years thereafter, indexes the gas tax and the diesel excise tax to inflation. Calls for the revenues derived from the 30-cent-per-gallon increase in the diesel excise tax to be deposited into the Trade Corridors Improvement Fund and used for goods movement projects programmed by the California Transportation Commission (CTC). Requires the revenues derived from the 22.5-cent-per gallon increase in the gas tax and the two vehicle registration surcharges to be deposited into a new Road Maintenance and Rehabilitation Account. Requires the revenues in the account to be used for the following purposes: (1) road maintenance and rehabilitation; (2) safety projects; (3) railroad grade separations; and (4) active transportation and pedestrian/bicycle safety projects in conjunction with any other allowable project. Requires 5 percent of the funds in the Road Maintenance and Rehabilitation Account to be set aside for counties that currently do not have a local transportation sales tax, but gain voter approval for one after July 1, 2016. Allocates the remaining balance in the account after the 5-percent set-aside as follows: (1) 50 percent to Caltrans for state highway maintenance, or State Highway Operation and Protection Program (SHOPP) projects; and (2) 50 percent to cities and counties for their local roadway systems. In the latter case, equally divides the funds between cities and counties, with the cities’ portion being allocated by a formula based on population, and the counties’ share by a formula based on vehicle registrations and miles of maintained county roads. Requires cities and counties to use their formula shares for any of the following: (1) improvements to transportation facilities that will assist in reducing further deterioration of the existing roadway system; (2) to satisfy a local match requirement for federal or state funds for similar purposes; or (3) an active transportation or pedestrian/bicycle safety project that is done in conjunction with any other eligible project. Allows a city or county to spend its formula share for other priorities only if it has an average Pavement Condition Index that meets or exceeds 85. In order to remain eligible for an allocation from the Road Maintenance and Rehabilitation Account, requires cities and counties to maintain their historic commitment of local funds for street/road purposes by annually spending not less than the average of its expenditures from FY 2010, FY 2011 and FY 2012. Increases the percentage of capand-trade auction proceeds distributed to the Transit and Intercity Rail Program from 10 percent to 20 percent. Requires 20 percent of cap-and-trade auction proceeds to be distributed to the Trade Corridors Improvement Fund. Converts the variable gas tax rate to a fixed rate of 18 cents per gallon and indexes it to inflation every three years, beginning July 1, 2019. Eliminates the Board of Equalization’s annual adjustments to the diesel excise tax rate pursuant to the 2010-2011 transportation funding swap. Prohibits vehicle weight fee revenues from being used to pay debt service on transportation general obligation bonds or from being loaned to the General Fund. As Introduced 2015-2016 Legislative Update Matrix Status VTA Position Assembly Transportation Committee Page 12 of 55 9.a State Assembly Bills Subject AB 1592 (Bonilla) Contra Costa Transportation Authority: Autonomous Vehicles Pilot Project Authorizes the Contra Costa Transportation Authority (CCTA) to conduct a pilot project for the testing of autonomous vehicles that do not have an operator, and that are not equipped with a steering wheel, a brake pedal or an accelerator, provided that the following requirements are met: (1) the testing is conducted only at a privately owned business park designated by CCTA and at the GoMentum Station located within the boundaries of the former Concord Naval Weapons Station; (2) the autonomous vehicles operate at speeds of less than 35 miles per hour; and (3) a change in ownership of the property comprising the GoMentum Station does not affect the authorization to conduct the testing. Requires CCTA or a private entity or a combination of the two to obtain an instrument of insurance, surety bond or proof of self-insurance in an amount of $5 million prior to the start of testing of any autonomous vehicle on or across a public road. Requires the operator of the autonomous vehicle technology being tested to disclose to an individual participating in the pilot project what personal information, if any, concerning the individual is collected by the autonomous vehicle. Specifies that the bill does not limit the authority of the Department of Motor Vehicles (DMV) to promulgate regulations governing the testing and operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. 8/2/16 Senate Floor AB 1595 (Campos) Mass Transportation Employees: Human Trafficking Training Requires a private or public employer that provides mass transportation services in California to train its relevant employees in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. Requires the Department of Justice to develop guidelines for this training that include all of the following: (1) the definition of human trafficking, including sex and labor trafficking; (2) myths and misconceptions about human trafficking; (3) red flags of human trafficking to be aware of, including physical and mental signs; and (4) guidance on how to report human trafficking, including national hotlines and that the person reporting may do so confidentially. By January 1, 2018, requires this training to be incorporated into the initial training process for all new employees who are likely to interact or come into contact with victims of human trafficking. Requires all existing employees who are likely to interact or come into contact with victims of human trafficking to receive this training by January 1, 2018. Exempts taxi services and airlines from the provisions of the bill. 3/29/16 Assembly Appropriations Committee AB 1610 (Budget Committee) Transportation Budget Trailer Bill Provides that after the amounts required under current law have been repaid using either tribal gaming or Budget Stabilization Account revenues to various transportation accounts for prior loans made to the General Fund, or in any year during which any portion of the outstanding loans are repaid from the Budget Stabilization Account in an amount that is greater than or equal to the amount of tribal gaming revenues, requires tribal gaming revenues to be remitted to the California Gambling Control Commission for deposit in the General Fund. For the third and fourth quarters of FY 2016, and for all four quarters of FY 2017 and FY 2018, requires the Controller’s Office to calculate and publish the allocation of State Transit Assistance Program (STA) revenue-based funds based on the same list of public transit operators and the same individual operator ratios that were published by the Controller’s Office for the fourth quarter of FY 2015. Requires the remaining FY 2016 distributions of STA revenue-based funds to individual public transit operators be adjusted so that the total FY 2016 amount received by an operator ultimately reflects the FY 2015 operator ratios. Effective April 1, 2017, increases the base vehicle registration fee from $43 to $53, which shall be adjusted annually pursuant to the Consumer Price Index. 6/13/16 Assembly Floor: Concurrence 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Support Page 13 of 55 9.a State Assembly Bills Subject Last Amended Status VTA Position AB 1640 (Stone) Retirement: Public Transit Employees Clarifies that public transit employees whose interests are protected under Section 5333(b) of Title 49 of the United States Code and who became a member of a state or local public retirement system prior to December 30, 2014, are exempt from the California Public Employees’ Pension Reform Act of 2013 (PEPRA). 6/20/16 Senate Floor AB 1641 (Allen) Private Shuttles Allows a public transit agency, by ordinance or resolution, to permit the vehicles of a private shuttle service provider to stop for the loading or unloading of its passengers alongside any or all curb spaces designated for the passengers of the public transit agency’s buses. States that it is not the intent of the Legislature to replace public transit service. As Introduced Assembly Transportation Committee AB 1661 (McCarthy) Sexual Harassment Training and Education Requires local agency officials to receive sexual harassment prevention training and education if the agency provides any type of compensation, salary or stipend to those officials. Defines “local agency official” to mean any member of a local agency’s legislative board and any elected local agency official. Allows a local agency to also require any of its employees to receive such training and education. If applicable, requires each local agency official or employee to receive at least two hours of sexual harassment prevention training and education within the first six months of taking office or commencing employment, and every two years thereafter. Provides that this training shall be in addition to any other law requiring similar or related training. Requires a local agency to maintain records indicating both of the following: (1) the dates that local agency officials or employees satisfied the requirements of this bill; and (2) the entity that provided the training. Requires an entity that develops curricula for this training and education to consult with the Office of the Attorney General, city attorney or county counsel regarding the sufficiency and accuracy of the curricula content. Allows an entity to include local sexual harassment prevention training and education policies in the curricula. 6/13/16 Senate Appropriations Committee AB 1665 (Bonilla) Contra Costa Transportation Authority: Transactions and Use Taxes Until December 31, 2024, allows the Contra Costa Transportation Authority to impose a transactions and use tax for the support of countywide transportation programs at a rate of not more than 0.5 percent that would, in combination with all other such taxes imposed in the county, exceed the state’s limit of 2 percent, subject to the following conditions: (1) the authority adopts an ordinance imposing the tax by the appropriate voting approval requirement; and (2) the ordinance is submitted to the county’s electorate on a November general election ballot and is approved by the voters pursuant to Article XIII C of the California Constitution. 5/9/16 Signed into Law: Chapter #45 AB 1707 (Linder) Written Public Records Requests Requires a local agency’s response to a written request for public records that includes a denial of the request, in whole or in part, to be in writing. Requires a local agency’s written response demonstrating that the record in question is exempt under an express provision of state law to also identify the type of record withheld and the specific exemption that justifies the withholding of that type of record. 3/28/16 Assembly Local Government Committee 2015-2016 Legislative Update Matrix Sponsor Page 14 of 55 9.a State Assembly Bills Subject Last Amended Status AB 1710 (Calderon) Zero-Emission and Near-Zero-Emission Vehicles By January 1, 2019, requires the California Air Resources Board (CARB) to develop and implement a comprehensive program to promote zero-emission and near-zero-emission vehicle deployment in the state to drastically increase the use of those vehicles, and to meet the goals established by the Governor and the Legislature. Requires this program to consist of a portfolio of incentives, including the following: (1) an employer incentive program; (2) an incentive program targeted at low-income individuals; and (3) on-road incentives. Specifies that incentives may include grants, loans, revolving loans, or other appropriate measures. Requires the incentives to be funded with cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund, subject to annual appropriations by the Legislature. For purposes of calculating the amount of sales and use tax owed, excludes the cost of a new or used zero-emission or near-zero-emission vehicle purchased by a low-income individual that does not exceed $40,000. For each taxable year beginning January 1, 2017, and before January 1, 2026, provides an income tax credit in an amount equal to $2,500 to a qualified taxpayer who purchased a zero-emission or near-zero-emission vehicle during the taxable year. 4/5/16 Assembly Appropriations Committee AB 1717 (Hadley) Cap-and-Trade: HighSpeed Rail Provides that if the state’s high-speed rail project becomes ineligible for cap-and-trade funding from the Greenhouse Gas Reduction Fund because of the selection of an alternative initial operating segment by the California High-Speed Rail Authority that is not as described in its 2012 business plan, requires the 25 percent in cap-and-trade auction proceeds that is required to be allocated to the authority under current law to be, instead, continuously appropriated to the Transit and Intercity Rail Capital Program. 3/18/16 Assembly Transportation Committee 2015-2016 Legislative Update Matrix VTA Position Page 15 of 55 9.a State Assembly Bills Subject Last Amended Status AB 1746 (Stone) Transit-Bus-Only Traffic Corridors Allows the Santa Clara Valley Transportation Authority (VTA), the Alameda-Contra Costa Transit District (AC Transit), the Central Contra Costa Transit Authority (County Connection), the Livermore Amador Valley Transit Authority, the Los Angeles County Metropolitan Transportation Authority (LA Metro), North County Transit District, the San Diego Association of Governments (SANDAG), and the San Diego Metropolitan Transit System (MTS) to utilize the shoulders of state highways within their service areas as transit-bus-only traffic corridors, subject to the approval of Caltrans and the California Highway Patrol (CHP). Requires these agencies to determine jointly with Caltrans and the CHP which state highway segments within their service areas would be designated as transit-bus-only traffic corridors based on right-of-way availability and capacity, peak congestion hours, and the most heavily congested areas. Requires the agencies to actively work with Caltrans and the CHP to develop guidelines that ensure driver and vehicle safety, as well as the integrity of the highway infrastructure. Requires the agencies and Caltrans to monitor the state of repair of highway shoulders used as transit-bus-only traffic corridors. Requires the agencies to be responsible for all costs associated with this effort, including those costs related to repairs attributable to the operation of transit buses on highway shoulders. Two years after an agency commences the operation of public transit service on a highway shoulder, requires the agency, in conjunction with Caltrans and the CHP, to submit a report to the Legislature that includes all of the following: (1) information regarding the geographic scope of the service; (2) a copy of the guidelines agreed to by the agency, Caltrans and the CHP; (3) information about any highway modifications; (4) information regarding the costs associated with the service; and (5) performance measures used to evaluate the success of the service, such as safety, freeway operations, and public transit travel time reliability and savings. Requires the agency to post the report on its Internet Web site to enable the public to access it. 5/24/16 Senate Transportation & Housing Committee AB 1768 (Gallagher) High-Speed Rail: Bond Funding Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st Century (Proposition 1A), except as specifically provided with respect to an existing appropriation for early improvement projects related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the provisions of this bill to be redirected to retiring the debt incurred from the issuance and sale of those outstanding bonds. Allows the remaining unissued bonds, as of the effective date of the provisions of this bill, that were authorized for high-speed rail purposes to be issued and sold. Upon appropriation by the Legislature, requires the net proceeds from the sale of these remaining unissued bonds to be made available to fund projects in the State Highway Operation and Protection Program (SHOPP). Makes no changes to the authorization under Proposition 1A for the issuance of $950 million in bonds for rail purposes other than high-speed rail. 2/25/16 Assembly Transportation Committee AB 1780 (Medina) Cap-and-Trade: Trade Corridors Requires 20 percent of the annual amount of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be continuously appropriated to the California Transportation Commission (CTC) to be allocated to reduce greenhouse gas emissions in trade corridors consistent with the guidelines developed by the commission for the Proposition 1B Trade Corridors Improvement Fund. 3/28/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Sponsor Page 16 of 55 9.a State Assembly Bills Subject Last Amended Status AB 1785 (Quirk) Vehicles: Wireless Electronic Devices Recasts provisions in current law to prohibit a person from driving a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device for any purpose, unless the device is specifically designed and configured to be used in a voiceoperated and hands-free manner. Specifies that this prohibition shall not apply to manufacturerinstalled systems that are embedded in a motor vehicle. Allows a handheld wireless telephone or an electronic wireless communications device to be operated in a manner requiring the use of the driver’s hand while he or she is operating the vehicle only if both of the following conditions are met: (1) the handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner as a portable Global Positioning System, or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road; and (2) the driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or electronic wireless communications device with the motion of a single swipe or tap of the driver’s finger. Provides that a violation is an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. 8/3/16 Senate Floor AB 1813 (Frazier) California High-Speed Rail Authority: Membership Provides for the appointment of one senator by the Senate Rules Committee and one Assemblymember by the Speaker to serve as ex-officio members of the California High-Speed Rail Authority. Specifies that the ex-officio members shall participate in the activities of the HighSpeed Rail Authority to the extent that such participation is not incompatible with their positions as members of the Legislature. As Introduced Signed into Law: Chapter #117 AB 1814 (Allen) State Highways: Roadside Rest Areas Authorizes Caltrans to enter into one or more agreements for the operation of safety roadside rest areas by private entities in conjunction with the development of a retail establishment. 4/11/16 Assembly Transportation Committee AB 1815 (Alejo) Cap-and-Trade: Disadvantaged Communities Technical Assistance Program Upon an appropriation of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund, requires the California Environmental Protection Agency (CalEPA) to establish a comprehensive technical assistance program for eligible applicants assisting disadvantaged communities that the agency determines require technical assistance in accessing programs funded with cap-and-trade auction proceeds. Requires this program to provide assistance to eligible applicants with regard to any of the following: (1) identifying state agencies with appropriate grant programs; (2) developing competitive project proposals to apply for cap-and-trade funding available through state agencies; (3) coordinating existing local programs to reduce greenhouse gas emissions with new programs receiving cap-and-trade funding; (4) conducting community outreach to residents of disadvantaged communities that CalEPA determines require such assistance; or (5) conducting the planning process for future greenhouse gas emissions reductions programs. Requires the technical assistance provided pursuant to the bill to promote programs that reduce greenhouse gas emissions and demonstrate a direct, meaningful benefit to disadvantaged communities. Requires the three-year cap-and-trade investment plan developed by the Department of Finance and submitted to the Legislature to allocate money from the Greenhouse Gas Reduction Fund to CalEPA to implement the technical assistance program. 5/2/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 17 of 55 9.a State Assembly Bills Subject Last Amended Status AB 1833 (Linder) Advanced Mitigation Program Requires Caltrans to establish an Advanced Mitigation Program to accelerate project delivery and improve the outcomes of environmental mitigation for transportation infrastructure projects. Allows the program to utilize mitigation instruments, including mitigation banks and conservation easements. Allows Caltrans to use advanced mitigation credits to fulfill mitigation requirements of any environmental law for a transportation project eligible for the State Transportation Improvement Program (STIP), or the State Highway Operation and Protection Program (SHOPP). 4/25/16 Assembly Appropriations Committee AB 1841 (Irwin) Office of Emergency Services: Cybersecurity By July 1, 2017, requires the Office of Emergency Services, in conjunction with the Department of Technology, to transmit to the Legislature a cybersecurity incident response plan, known as the Cyber Security Annex to the State Emergency Plan Emergency Function 18 or EL 18, which must include all of the following: (1) methods for providing emergency services; (2) command structure for statewide coordinated emergency services; (3) emergency service roles of appropriate state agencies; (4) identification of resources to be mobilized; (5) public information plans; and (6) continuity of government services. By July 1, 2018, requires the Office of Emergency Services, in conjunction with the Department of Technology, to develop cybersecurity incident response standards for state agencies to prepare for cybersecurity interference with, or the compromise or incapacitation of, critical infrastructure and the development of critical infrastructure information, and to transmit critical infrastructure information to the office. In developing the standards, requires the Office of Emergency Services to consider all of the following: (1) costs to implement the standards; (2) security of critical infrastructure information; (3) centralized management of risk; (4) industry best practices; (5) continuity of operations; and (6) protection of personal information. Requires each state agency to report on its compliance with these standards to the Office of Emergency Services in a manner and at a time directed by the office, but no later than January 1, 2019. Requires the Office of Emergency Services to provide suggestions to a state agency to improve its compliance with the standards. 8/2/16 Senate Appropriations Committee AB 1851 (Gray) Clean Vehicle Rebate Project For purposes of the state’s Clean Vehicle Rebate Project, requires the California Air Resources Board (CARB), until January 1, 2026, to provide specified rebate amounts for the purchase of battery electric, fuel-cell and plug-in hybrid electric vehicles. Limits these rebates to the first $60,000 of the manufacturer’s suggested retail price or the final sales price, whichever is less. Until January 1, 2026, requires CARB to issue specified rebates to a property owner or lessee up to the costs associated with the purchase and installation of electric vehicle charging stations. Requires the rebates for clean-fuel vehicles and electric vehicle charging stations to be funded with cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund, subject to annual appropriations by the Legislature. For purposes of calculating the amount of sales and use tax owed, requires, until January 1, 2026, that the value of a trade-in vehicle be deducted from the sales price of the purchase of battery electric, fuel-cell and plug-in hybrid electric vehicles. Requires cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund, subject to annual appropriations by the Legislature, to be used to reimburse cities and counties for any resulting loss of revenues. Deletes the current 85,000 cap on the number of decals, stickers or other identifiers that can be issued by the Department of Motor Vehicles (DMV) to allow plug-in hybrid electric vehicles to use high-occupancy vehicle (HOV) lanes without the required number of occupants in the vehicle. 4/13/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 18 of 55 9.a State Assembly Bills Subject Last Amended AB 1866 (Wilk) High-Speed Rail: Bonding Funding Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st Century (Proposition 1A), except as specifically provided with respect to an existing appropriation for early improvement projects related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the provisions of this bill to be redirected to retiring the debt incurred from the issuance and sale of those outstanding bonds. Allows the remaining unissued bonds, as of the effective date of the provisions of this bill, that were authorized for high-speed rail purposes to be issued and sold. Upon appropriation by the Legislature, requires the net proceeds from the sale of these remaining unissued bonds to be made available to fund the construction of water capital projects, including desalination facilities, wastewater treatment and recycling facilities, reservoirs, water conveyance infrastructure, and aquifer recharge. Makes no changes to the authorization under Proposition 1A for the issuance of $950 million in bonds for rail purposes other than highspeed rail. As Introduced Assembly Transportation Committee AB 1873 (Holden) Board of Infrastructure Planning, Development and Finance Within the Office of Planning and Research, creates the Board of Infrastructure Planning, Development and Finance. Requires the board to categorize and recommend the priority of the state’s infrastructure needs and develop funding to finance those projects. 4/19/16 Assembly Appropriations Committee AB 1886 (McCarty) CEQA: Transit Priority Projects Specifies that a transit priority project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor and, thus, shall qualify for limited review under the California Environmental Quality Act (CEQA) if all parcels within the project have no more than 50 percent, rather than 25 percent, of their area farther than one-half mile from the stop or corridor. 5/11/16 Senate Environmental Quality Committee AB 1889 (Mullin) High-Speed Rail: FY 2013 Proposition 1A Appropriations For purposes of expending Proposition 1A bond proceeds appropriated to the California HighSpeed Rail Authority in the FY 2013 Budget Act, clarifies that a corridor or usable segment is deemed to be suitable and ready for high-speed rail operation if the bond proceeds are to be used for capital costs for a project that would enable high-speed trains to operate immediately, or after additional planned investments are made on the corridor or useable segment and passenger train service providers will benefit from the project in the near-term. 8/15/16 Senate Floor AB 1908 (Harper) HOV Lanes in Southern California Prohibits establishing a high-occupancy vehicle (HOV) lane on a state highway in Southern California, unless the lane is established as an HOV lane only during the hours of heavy commuter traffic, as determined by Caltrans. Requires existing HOV lanes in Southern California to be modified to conform to this provision. On or after May 1, 2018, provides that if Caltrans determines that there is an adverse impact on safety, traffic conditions or the environment by limiting the use of HOV lanes in Southern California only during the hours of heavy commuter traffic, authorizes the department to submit to the Legislature a notice of that determination and of the intent to reinstate 24-hour HOV lanes in Southern California. Provides that Caltrans may reinstate 24-hour HOV lanes following the submittal of the notice to the Legislature. 3/17/16 Assembly Transportation Committee 2015-2016 Legislative Update Matrix Status VTA Position Support Page 19 of 55 9.a State Assembly Bills Subject Last Amended AB 1910 (Harper) Transportation Advisory Ballot Measure Requires the Secretary of State’s Office to submit the following advisory question to the voters as part of the November 8, 2016, general election ballot: “Shall the California Legislature disproportionately target low-income and middle-class families with a regressive tax increase on gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than ending the diversion of existing transportation tax revenues for nontransportation purposes, investing surplus state revenue in transportation accounts, repaying funds borrowed from transportation accounts, prioritizing roads over high-speed rail, and eliminating waste at the Department of Transportation?” As Introduced Assembly Transportation Committee AB 1919 (Quirk) Local Transportation Authorities: Bonds Clarifies that accrued interest and premiums received on the sale of bonds by a local transportation authority may be used either for the payment of bond debt service or for transportation purposes for which the debt was incurred. 4/4/16 Senate Floor AB 1938 (Baker) Bay Area Toll Authority Clarifies that the existing 1 percent limitation on the amount of direct contributions or loans that the Bay Area Toll Authority (BATA) may make to the Metropolitan Transportation Commission (MTC) applies to any revenues derived from bridge tolls, fees or taxes, regardless of classification. As Introduced Assembly Transportation Committee 2015-2016 Legislative Update Matrix Status VTA Position Page 20 of 55 9.a State Assembly Bills Subject Last Amended Status AB 1964 (Bloom) HOV Lanes: LowEmission and Energy Efficient Vehicles On January 1, 2018, ends the authority of the Department of Motor Vehicles (DMV) to issue decals, stickers or other identifiers allowing battery electric, hydrogen fuel cell and compressed natural gas vehicles to use high-occupancy vehicle (HOV) lanes without the required number of occupants in the vehicle. Specifies that decals, stickers or other identifiers issued for these vehicles before January 1, 2018, are valid until January 1, 2019. Provides that decals, stickers or other identifiers allowing plug-in hybrid electric vehicles to use HOV lanes without the required number of occupants in the vehicle issued by the DMV prior to January 1, 2018, are valid until January 1, 2019. Provides that decals, stickers or other identifiers issued to plug-in hybrid electric vehicles after January 1, 2018, and prior to January 1, 2019, are valid until January 1, 2021. Beginning January 1, 2019, authorizes the DMV to issue an unlimited number of decals, stickers or other identifiers to allow HOV lane access for plug-in hybrid vehicles, which shall be valid for a fouryear period. Prohibits the DMV from issuing decals, stickers or other identifiers for plug-in hybrid electric vehicles if the sale of new plug-in hybrid electric vehicles reaches at least 89.2 percent of the total new car market share for two consecutive years. Prohibits the DMV from reinstating the issuance of decals, stickers or other identifiers for plug-in hybrid electric vehicles if there is a subsequent decrease in the sales of new plug-in hybrid electric vehicles resulting in less than 9.2 percent of the total new car market share in a later year. Requires Caltrans to remove an individual HOV lane, or a portion of the lane, from the access provisions of this bill upon the request of, and with the concurrence of, the regional transportation planning agency (RTPA) whose jurisdiction includes the lane, following a finding by the department as follows: (1) the lane, or portion of the lane, exceeds a level of service C; (2) the operation or projected operation within the next 12 months of vehicles with decals, stickers or other identifiers in the lane, or portion of the lane, significantly contributes to, or is projected to significantly contribute to, congestion of the lane; and (3) alleviating the congestion by reducing the use of the lane by non-eligible vehicles through increased enforcement or further increasing vehicle occupancy is either infeasible in the immediate future or is forecast to result in increased congestion in the corridor overall. 6/30/16 Senate Appropriations Committee AB 1982 (Bloom) California Transportation Commission Membership Increases the membership of the California Transportation Commission (CTC) to 15 by providing for the Senate Rules Committee and the Assembly speaker to each appoint an additional member. Requires one member appointed by the Senate Rules Committee and by the Assembly speaker to be a person who works directly with communities in California that are most significantly burdened by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic populations, and communities with low-income populations. 4/12/16 Assembly Transportation Committee 2015-2016 Legislative Update Matrix VTA Position Page 21 of 55 9.a State Assembly Bills Subject Last Amended Status VTA Position AB 2014 (Melendez) Freeway Service Patrols: Program Assessment No later than June 20, 2018, and every five years thereafter, requires Caltrans, in coordination with the California Highway Patrol (CHP) and regional and local entities, to publish a statewide Freeway Service Patrol Program Assessment. Requires this assessment to do all of the following: (1) identify, quantify and analyze existing freeway service patrols, and identify opportunities to increase or expand service levels; (2) analyze and provide recommendations regarding the current and anticipated future financial condition of the program; (3) include, as attachments, supporting data provided to Caltrans by regional and local entities, and by the CHP; (4) examine the financial sustainability of maintaining current freeway service patrols, the route miles unserved or underserved by freeway service patrols, and historical, current and future state and local funding for freeway service patrols; (5) analyze and quantify the public benefits received or to be received from existing and potential new freeway service patrols; and (6) discuss how freeway service patrols relate to other state policies, plans and goals. Requires the state budget to include a line item for Caltrans and the CHP to identify the amount of local assistance and state funds provided in support of freeway service patrols. 4/13/16 Assembly Appropriations Committee AB 2028 (Cooper) CalPERS: Wrongful Termination and Service Credits Requires a member of the California Public Employees’ Retirement System (CalPERS) who was involuntarily terminated from employment on or after January 1, 2017, and subsequently reinstated to that employment pursuant to an administrative, arbitral or judicial proceeding to be reinstated in CalPERS with all retirement benefits that the member otherwise would have accrued. 6/13/16 Assembly Floor: Concurrence AB 2030 (Mullin) SamTrans and BART: Contracting Issues Allows the San Mateo County Transit District (SamTrans) and the Bay Area Rapid Transit District (BART) to use an informal bidding process for materials, supplies and equipment contracts, under which a minimum of three quotations are obtained from vendors, for those contracts between $5,000 and $150,000. 6/1/16 Governor’s Office AB 2034 (Salas) Federal Environmental Review Process Extends indefinitely the statutory authorization for Caltrans to participate in a federal program that allows states to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA). In addition, extends indefinitely provisions in existing law that authorize Caltrans to consent to the jurisdiction of the federal court’s with regard to the assumption of FHWA’s responsibilities under NEPA and that waive the state’s Eleventh Amendment protection against NEPA-related lawsuits brought in federal court for as long as Caltrans participates in the program. 3/17/16 Senate Transportation & Housing Committee 2015-2016 Legislative Update Matrix Page 22 of 55 9.a State Assembly Bills Subject Last Amended AB 2049 (Melendez) High-Speed Rail: Bond Funding Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21 st Century (Proposition 1A), except as specifically provided with respect to an existing appropriation for early improvement projects related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the provisions of this bill to be redirected to retiring the debt incurred from the issuance and sale of those outstanding bonds. Allows the remaining unissued bonds, as of the effective date of the provisions of this bill, that were authorized for high-speed rail purposes to be issued and sold. Upon appropriation by the Legislature, requires the net proceeds from the sale of these remaining unissued bonds to be made available as follows: (1) 40 percent for the State Transportation Improvement Program (STIP); (2) 40 percent for the State Highway Operation and Protection Program (SHOPP); and (3) 20 percent for the Trade Corridors Improvement Fund. Makes no changes to the authorization under Proposition 1A for the issuance of $950 million in bonds for rail purposes other than high-speed rail. As Introduced Assembly Transportation Committee AB 2087 (Levine) Regional Conservation Frameworks Authorizes the California Department of Fish and Wildlife to approve regional conservation frameworks to: (1) enhance the long-term viability of native species, habitat and other natural resources; (2) inform infrastructure planning; and (3) allow for the creation of mitigation credits in certain circumstances. Requires a regional conservation framework to include: (1) important habitat and other resource conversation elements within the framework area; (2) an explanation of the conservation purpose of and need for the regional conservation framework; (3) a description of the prioritization of the conservation actions and habitat enhancements; and (4) a description of how the framework’s conservation goals and objectives aid in climate adaptation. Allows an enhancement that measurably advances the objectives of a regional conservation framework to be used to create mitigation credits. 8/2/16 Senate Appropriations Committee AB 2090 (Alejo) Low Carbon Transit Operations Program Authorizes Low Carbon Transit Operations Program (LCTOP) funding to be expended by a public transit agency to support the operation of existing bus or rail service if all of the following occur: (1) the governing board of the public transit agency declares a fiscal emergency within 90 days prior to requesting its formula share of LCTOP funds; (2) the LCTOP funds are necessary to sustain the agency’s public transit service in the fiscal year in which the money is to be spent; (3) the governing board of the public transit agency would be required to reduce or eliminate public transit service if the LCTOP funds are not received; (4) the governing board makes a finding that a reduction in, or elimination of, public transit service would increase greenhouse gas emissions because customers would choose other less-efficient modes of transportation; (5) the public transit agency does not request funds over consecutive funding years unless it has declared a fiscal emergency in each year; and (6) the public transit agency does not request funds for more than three consecutive funding years. Requires the LCTOP funds to be expended to provide public transit operating assistance that meets both of the following criteria: (1) the expenditures support current bus or rail service operating costs, which may include labor, fueling, maintenance, and other costs to operate and maintain those services; and (2) the recipient public transit agency demonstrates that each expenditure directly sustains public transit service that would otherwise be reduced or eliminated in the upcoming year if those funds were not received. 5/27/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix Status VTA Position Support Page 23 of 55 9.a State Assembly Bills Subject Last Amended Status AB 2094 (Obernolte) Transportation Development Act (TDA) Funding Beginning in FY 2017, requires $1 billion in cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be transferred to the Retail Sales Tax Fund for allocation pursuant to the Transportation Development Act (TDA) if certain conditions are met. Provides that in each fiscal year in which this transfer occurs, requires $1 billion in TDA funding to be redirected, as follows: (1) 50 percent to Caltrans for maintenance of the state highway system, or for projects funded through the State Highway Operation and Protection Program (SHOPP); and (2) 50 percent to cities and counties for local streets/roads. 3/18/16 Assembly Transportation Committee AB 2100 (Calderon) 21st Century Infrastructure Act of 2016 Requires the California Public Utilities Commission (CPUC), the State Energy Resources Conservation and Development Commission, the Independent System Operator, and the California Air Resources Board (CARB) to review and evaluate their policies and plans for the expansion of 21st century infrastructure. Requires these agencies to do all of the following: (1) develop an interagency permitting committee to institute reforms and modernize infrastructure permitting and reviews; (2) strengthen dispute resolution mechanisms to quickly resolve conflicts and ensure that interagency disputes do not delay projects that are consistent with existing state policy priorities; and (3) identify duplicative, burdensome or unnecessary requirements, permits or processes, and evaluate whether they can be minimized or eliminated in a manner that would not jeopardize safety or electrical grid reliability. 3/18/16 Assembly Natural Resources Committee AB 2126 (Mullin) CMGC Contracting: Caltrans Increases the number of state highway projects for which Caltrans may use the Construction Manager/General Contractor (CMGC) method of project delivery from six to 12. For at least eight of these projects, requires Caltrans to use department employees or consultants under contract to the department to perform all design and engineering services. For all 12 projects, requires Caltrans to use department employees or consultants under contract to the department to perform all construction inspection services. As Introduced Senate Floor AB 2170 (Frazier) Trade Corridors Improvement Fund: Federal Dollars Requires revenues apportioned to California from the National Highway Freight Program established by the federal Fixing America’s Surface Transportation (FAST) Act to be allocated by the California Transportation Commission (CTC) for projects pursuant to the process that was used for the Proposition 1B Trade Corridors Improvement Fund. 8/2/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 24 of 55 9.a State Assembly Bills Subject Last Amended Status AB 2196 (Low) VTA Enabling Statutes Makes a number of technical clean-up changes to the enabling statutes of the Santa Clara Valley Transportation Authority (VTA). Consistently uses “VTA” as the name of the organization throughout the enabling statutes. Uses the term “boundaries” to refer to VTA’s area of jurisdiction. Clarifies that the representatives on the VTA Board of Directors from the cities may be either mayors or city council members. Changes references to “board of supervisors” to “board of directors” to reflect the appropriate governing board of VTA. Deletes obsolete provisions that relate to one-time events that occurred to form the Santa Clara County Transit District in the 1970s, and that occurred to implement the merger of the Transit District and the Santa Clara County Congestion Management Agency (CMA) to form VTA in the mid-1990s. Deletes obsolete provisions that have been superseded by the enactment of other state laws. Clarifies that the administrative head of VTA is a “general manager,” not an “executive director.” Changes references to “transit facilities” to “transit and other transportation facilities” to reflect the fact that VTA is a multi-modal transportation organization. To match federal procurement regulations, raises the minimum dollar amount from $2,500 to $3,500, above which VTA must obtain three quotes from vendors for the purchase of materials, supplies and equipment, as well as increases the maximum amount allowed under this procurement method from $100,000 to $150,000. 6/8/16 Assembly Transportation Committee: Concurrence AB 2222 (Holden) Cap-and-Trade Funding: Transit Pass Program Creates the Transit Pass Program to support local programs that provide free or reduced-fare public transit passes to any of the following: (1) pupils attending public middle schools or high schools that are eligible for funding under Title 1 of the federal No Child Left Behind Act of 2001; (2) students attending a California community college who qualify for a waiver of student fees pursuant to the Education Code; or (3) a student who attends a campus of the California State University or the University of California, and who receives an award under the Cal Grant Program, the federal Pell Grant Program, or both. Requires Caltrans to administer this program. Provides that the Transit Pass Program is to be funded from money made available for this purpose through appropriations by the Legislature. Requires Caltrans to develop guidelines describing the criteria that public transit agencies shall use to make available free or reduced-fare transit passes to eligible participants. Defines “eligible participants” to mean a public agency, including a transit operator, school district, community college district, the California State University, or the University of California. Requires Caltrans to develop performance measures and reporting requirements to evaluate the effectiveness of the Transit Pass Program, including an annual update of the number of free or reduced-fare transit passes distributed to students and whether the program is increasing transit ridership among students. Requires funds allocated to the Transit Pass Program to be expended to provide low- or no-cost public transit passes to students through programs that support new or existing transit pass programs. Allows a public transit agency to give priority to an application from an eligible participant with an existing, successful transit pass program, provided that the eligible participant can demonstrate that the additional funds will further reduce the cost of the transit pass or expand program eligibility. Requires each public transit agency to receive $20,000 from the Transit Pass Program. After the initial $20,000 amount is allocated, requires the remaining program funds to be distributed according to the State Transit Assistance Program (STA) formula. Requires any funds not used by a public transit agency in a fiscal year to be added to the allocation for the Transit Pass Program for the following fiscal year. 8/2/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Sponsor Page 25 of 55 9.a State Assembly Bills Subject Last Amended AB 2233 (Brown) Highways: Exit Information Signs Requires Caltrans to adopt rules and regulations to allow for the placement, near exits and offramps on freeways located in urban and rural areas, of informational signs identifying the closest hospital owned and operated by a county that includes the full name of the hospital, if both of the following conditions are met: (1) the county requests the placement of the sign; and (2) the county agrees to pay for the cost of the sign. Requires Caltrans to erect the sign or signs within 30 days of receipt of payment from the county. As Introduced Assembly Transportation Committee AB 2257 (Maienschein) Local Agency Meetings: Online Posting of Agendas Requires an online posting of an agenda for a meeting occurring on or after January 1, 2019, of a legislative body of a local agency that has an Internet Web site to be posted on the agency’s primary Internet Web site homepage accessible through a prominent, direct link to the current agenda. Requires the direct link to be posted in an open format that meets all of the following requirements: (1) retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; (2) platform independent and machine readable; and (3) available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. Provides that a local agency that has an Internet Web site and an integrated agenda management platform does not have to comply with this requirement if all of the following are met: (1) a direct link to the integrated agenda management platform is posted on the local agency’s primary Internet Web site; (2) the integrated agenda management platform may contain the prior agendas of the legislative body of the local agency occurring on or after January 1, 2019; and (3) the current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform. 6/22/16 Senate Floor AB 2289 (Frazier) SHOPP Projects Clarifies that capital projects to improve the operation of state highways and bridges are eligible for funding under the State Highway Operation and Protection Program (SHOPP). As Introduced Signed into Law: Chapter #76 AB 2292 (Gordon) Disadvantaged Communities: CalEnviroScreen By July 1, 2017, requires the California Environmental Protection Agency (CalEPA) to revise its CalEnviroScreen tool used to identify disadvantaged communities for investment opportunities for cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to include areas of the state that are disproportionately impacted by any of the following: (1) high poverty rates; (2) high rent burden and severe rent burden where households pay more than 50 percent of their household income in gross rent; or (3) high cost of living. 4/14/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix Status VTA Position Page 26 of 55 9.a State Assembly Bills Subject AB 2293 (C. Garcia) Cap-and-Trade: Green Assistance and California Green Business Programs Requires the California Environmental Protection Agency (CalEPA) to establish and administer the Green Assistance Program to do all of the following: (1) provide technical assistance, including assistance with the development of competitive project proposals, to small businesses and small non-profit organizations applying for an allocation of cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund; (2) assist small businesses in applying for cap-and-trade funding for energy upgrades to meet and exceed the state’s greenhouse gas emissions reduction goals; (3) advise small businesses in complying with all applicable federal, state and local air quality laws; (4) identify state agencies with appropriate grant programs; and (5) coordinate existing local programs to reduce greenhouse gas emissions with new programs receiving cap-and-trade funding. Requires CalEPA to also establish the California Green Business Program to provide support and assistance to green business certification programs operated by local governments that certify small- and medium-sized businesses that voluntarily adopt environmentally preferable business practices. Annually appropriates an unspecified amount of cap-and-trade auction proceeds to the Green Assistance Program and to the California Green Business Program. In the case of the California Green Business Program, requires a minimum of 25 percent of the funding to be used for local government programs benefitting disadvantaged communities. 4/27/16 Assembly Appropriations Committee AB 2332 (E. Garcia) Caltrans: State Transportation Goals By 2020, requires Caltrans to increase the annual number of complete streets projects undertaken by the department by 20 percent over the 2016 baseline. Establishes the following goals for Caltrans: (1) reducing the number of transit, pedestrian and bicyclist fatalities by 10 percent, based on the 2016 baseline; and (2) by 2020, reducing vehicle miles traveled by 15 percent of the statewide per capita relative to 2010 levels reported by Caltrans district. Establishes a Caltrans goal to increase travel by non-automobile modes by doing all of the following: (1) tripling the amount of bicycle travel relative to 2010-2012 California Household Travel Survey levels; (2) doubling the amount of pedestrian travel relative to 2010-2012 California Household Travel Survey levels; and (3) doubling the amount of transit travel relative to 2010-2012 California Household Travel Survey levels. Requires the draft five-year Interregional Transportation Improvement Program (ITIP) to include complete streets projects. Not later than July 1, 2017, requires the California Transportation Commission (CTC) to adopt targets and performance measures for the assets management plan prepared by Caltrans that reflect state transportation goals and objectives. Requires these targets and performance measures to include all of the following: (1) improving mobility, access and safety for non-motorized users in disadvantaged communities by requiring not less than 35 percent of State Highway Operation and Protection Program (SHOPP) projects to be located in urban and rural disadvantaged communities; (2) providing targeted and meaningful benefits to residents in disadvantaged communities; (3) prioritizing projects identified by the community through strong public participation in disadvantaged communities; and (4) prioritizing projects that recruit, hire or train low-income, formerly incarcerated, underrepresented, or disconnect youth and adults, and other individuals with barriers to employment. Requires Caltrans to hold at least one public hearing in each of its districts on SHOPP projects. Requires these hearings to be accessible by public transit and held at times that are convenient for disadvantaged community residents. 4/5/16 Assembly Transportation Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 27 of 55 9.a State Assembly Bills Subject Last Amended Status AB 2348 (Levine) Retirement Plans: Infrastructure Investments Authorizes the Department of Finance to identify infrastructure projects in the state for which the department will guarantee a rate of return for an investment made in that infrastructure project by the Public Employees’ Retirement System (CalPERS). Creates the Reinvesting in California Special Fund as a continuously appropriated fund. Requires money in the fund to be used to pay the rate of return on investments made in infrastructure projects. States the intent of the Legislature to identify special fund dollars to be transferred to the Reinvesting in California Special Fund. 5/27/16 Senate Appropriations Committee AB 2355 (Dababneh) Intercity Rail Services: Noise Mitigation Requires Caltrans to develop a program for the reasonable mitigation of noise and vibration levels in residential neighborhoods along railroad lines where the department contracts for state-funded intercity rail passenger service. As Introduced Assembly Transportation Committee AB 2374 (Chiu) CMGC Contracting: Local Expressways Clarifies that regional transportation agencies, including the Santa Clara Valley Transportation Authority (VTA), may use the Construction Manager/General Contractor (CMGC) project delivery method to design and construct projects on expressways that are not on the state highway system. Deletes provisions in current state law that require an expressway project to be developed in accordance with an expenditure plan approved by the voters in order for the regional transportation agency to be able to use CMGC contracting for that project. 8/17/16 Senate Floor AB 2382 (Lopez) High-Speed Rail Authority: Membership Beginning with an available vacancy on and after January 1, 2017, requires one of the Governor’s appointments to the California High-Speed Rail Authority to be a person, other than a current or former elected official, who is from a disadvantaged community. 4/11/16 Assembly Transportation Committee AB 2398 (Chau) State Highways Every five years, requires the California Transportation Commission (CTC) to report to the Legislature both of the following: (1) the number of selections, adoptions and location determinations for state highway routes; and (2) the amount of money allocated for the construction, improvement or maintenance of the various highways under the jurisdiction of Caltrans. 3/18/16 Assembly Transportation Committee AB 2411 (Frazier) Miscellaneous Caltrans Revenues On July 1, 2017, prohibits revenues generated by Caltrans through the rental or sale of property, the sale of documents and other miscellaneous services to the public from being transferred to the General Fund and used for debt service on general obligation transportation bonds. Instead, requires these revenues to be retained in the State Highway Account and used for transportation purposes. 5/27/16 Senate Transportation & Housing Committee AB 2426 (Low) Workplace Charging Station Grant Program Until January 1, 2021, requires the California Air Resources Board (CARB) to establish and implement the Workplace Charging Station Grant Program to award grants to commercial property owners or lessees for the installation of electric vehicle charging stations in their parking facilities for employees or visitors. 3/18/16 Assembly Transportation Committee 2015-2016 Legislative Update Matrix VTA Position Support Page 28 of 55 9.a State Assembly Bills Subject Last Amended Status VTA Position AB 2468 (Hadley) Public Employees’ Retirement Authorizes a public agency that has contracted with the California Public Employees’ Retirement System (CalPERS) to offer an alternative formula from the one required by the Public Employees’ Pension Reform Act of 2013 to be applicable to miscellaneous, non-safety employees hired after January 1, 2017, and who are new members, provided that the agency and the representative employee organization have agreed to its application in a valid memorandum of understanding. Specifies that the alternative formula would be 1 percent at 55 and 1.7 at 62. 4/12/16 Assembly Public Employees, Retirement & Social Security Committee AB 2542 (Gatto) Streets and Highways: Reversible Lanes When submitting a capacity-increasing project, or a major street or highway lane realignment project to the California Transportation Commission (CTC) for approval, requires Caltrans or a regional transportation agency to demonstrate that reversible lanes were considered for the project. 3/15/16 Senate Floor AB 2564 (Cooper) Clean Vehicle Rebate Program Requires the California Air Resources Board (CARB) to adopt regulations for the Clean Vehicle Rebate Program that do all of the following: (1) limit eligibility based on a person’s gross annual income; (2) increase the rebate payment by $500 for all eligible vehicle types for low-income applicants; (3) include outreach to low-income households; and (4) prioritize rebate payments for low-income applicants. Defines “low income” to mean a resident whose household income is less than or equal to 300 percent of the federal poverty level. 4/20/16 Senate Environmental Quality Committee AB 2620 (Dababneh) Proposition 116 Passenger Rail Funding Requires Proposition 116 funds not expended or encumbered by July 1, 2020, to be reallocated to any other existing passenger rail project with existing rail service by the California Transportation Commission (CTC). 4/11/16 Senate Appropriations Committee AB 2653 (E. Garcia) Greenhouse Gas Reduction Fund: Report on Economic Benefits Requires each state agency receiving allocations of cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to report the following information to the California Environmental Protection Agency (CalEPA): (1) the number of business entities receiving financial assistance or entering into contracts paid in whole or in part using cap-and-trade auction proceeds; (2) the amount of other public or private moneys leveraged when business entities receive cap-and-trade auction proceeds; (3) the location, industry sector and number of employees of the business entities receiving cap-and-trade auction proceeds; (4) the number of jobs created, including wage levels, by business entities receiving cap-and-trade auction proceeds; and (5) outcomes from actions taken to assist residents of disadvantaged communities and other target populations with business, employment and training opportunities offered through activities funded in whole or in part with cap-and-trade auction proceeds or other state funding sources overseen by the reporting agency that are directly related to climate change mitigation, climate change adaptation and greenhouse gas emissions reductions. 4/27/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix Page 29 of 55 9.a State Assembly Bills Subject AB 2675 (Chiu) Tax Exclusions and Credits: Electric Vehicle Infrastructure For each taxable year beginning on or after January 1, 2017, and before January 1, 2020, allows an income tax credit equal to 10 percent of the amount paid or incurred for electric vehicle infrastructure during the taxable year for use at a qualified dwelling, not to exceed $2,500. Beginning January 1, 2017, and until January 1, 2020, excludes 10 percent of the price of electric vehicle infrastructure purchased for a qualified dwelling from the state portion of the sales and use tax, up to the first $400,000. Defines “qualified dwelling” to mean a multi-family residence or dwelling unit, a mobile home or manufactured home located at a mobile home park, duplex, townhome, apartment, and condominium. 5/2/16 Assembly Appropriations Committee AB 2702 (Atkins) Greenhouse Gas Emissions Reductions Study Requires the California Air Resources Board (CARB) to conduct a study that outlines best practices and policies for meeting the state’s goals related to reducing greenhouse gas emissions. 3/18/16 Assembly Appropriations Committee AB 2722 (Burke) Transformative Climate Communities Program Creates the Transformative Climate Communities Program to be administered by the Strategic Growth Council. Under the program, requires the council to award competitive grants to eligible applicants for the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated projects that would contribute to a reduction in greenhouse gas emissions, as well as demonstrate potential climate, economic, workforce, health, and environmental benefits located in disadvantaged communities. Specifies that eligible applicants under the Transformative Climate Communities Program include any of the following: (1) a non-profit organization; (2) a community-based organization; (3) a faith-based organization; (4) a coalition or association of non-profit organizations; (5) a community development finance institution; (6) a community development corporations; (7) a local agency; or (8) a joint powers authority. In order to be eligible for funding under the Transformative Climate Communities Program, a plan or project implementing a plan must demonstrate that it will achieve a reduction in greenhouse gas emissions. In awarding grants under the program, requires the Strategic Growth Council to prioritize plans and projects implementing plans that maximize, to the extent feasible, climate, public health, environmental, workforce, and economic benefits. 8/2/16 Senate Appropriations Committee AB 2741 (Salas) California Transportation Plan Beginning in 2020, requires Caltrans to submit updates to the California Transportation Plan to the California Transportation Commission (CTC) for its approval. Requires Caltrans to submit a draft of the updated plan to the CTC for its comments by June 30, 2020, and every five years thereafter. If the CTC does not approve an updated plan, requires Caltrans to revise its proposed update in consultation with the commission. 6/8/16 Senate Appropriations Committee AB 2742 (Nazarian) Public-Private Partnerships Extends existing statutory authority for Caltrans and regional transportation agencies, including the Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for transportation infrastructure projects to January 1, 2030. As Introduced Assembly Appropriations Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Support Page 30 of 55 9.a State Assembly Bills Subject Last Amended Status AB 2762 (Baker) Altamont Pass Regional Rail Authority Establishes the Altamont Pass Regional Rail Authority for purposes of planning and delivering a cost-effective and responsive interregional rail connection between the Bay Area Rapid Transit District (BART) regional rail system and the Altamont Commuter Express in the Tri-Valley within the city of Livermore. Provides that Phase 1 of the project shall consist of an extension of BART along Interstate 580 to a new station in the vicinity of the Isabel Avenue Interchange in the city of Livermore. By December 1, 2017, requires the authority to publish a detailed management, finance and implementation plan relating to the project. Requires the Livermore Amador Valley Transit Authority (LAVTA) to provide all necessary administrative support to the authority for an initial one-year period. At the conclusion of the initial one-year period, allows the authority to select LAVTA, the San Joaquin Regional Rail Commission or another existing public rail transit agency to provide administrative support for a three-year term. Requires BART to assume ownership of all physical improvements constructed as part of the project, as well as operational control, maintenance responsibilities and related financial obligations. Specifies that the authority shall not be responsible for any core BART system upgrades that pre-exist its establishment, including those needed to support prior system expansions such as the extension to Silicon Valley. 4/5/16 Assembly Transportation Committee AB 2796 (Bloom) Active Transportation Program For funding cycles occurring on or after January 1, 2018, requires a minimum of 10 percent of all available Active Transportation Program funds to be programmed for planning and noninfrastructure purposes, including activities related to safe routes to school. Of this amount, requires a minimum of 50 percent to be programmed for planning activities to develop comprehensive active transportation master plans, including community engagement activities related to the development of a master plan. Provides that if a project contains both infrastructure and non-infrastructure activities, only the portion of funding used for planning and noninfrastructure activities shall contribute to meeting the minimum percentages required by the bill. Specifies that if applications submitted in any funding cycle are not sufficient to exceed the minimum percentages required by this bill, the funds may be expended for other authorized purposes. Requires the guidelines for the Active Transportation Program adopted by the California Transportation Commission (CTC) to allow for the streamlining of project delivery by authorizing an implementing agency to do both of the following: (1) seek CTC approval of a letter of no prejudice (LONP) that would allow the agency to expend its own funds for a project programmed in a future year of an adopted program of projects in advance of an allocation of funds, and to be reimbursed at a later time for eligible expenditures; and (2) notify the CTC of its intent to expend its own funds for a project programmed in the current fiscal year of an adopted program of projects in advance of an allocation of funds upon transmittal and receipt of an allocation request by the CTC, and to be reimbursed upon approval of the allocation for eligible expenditures occurring after the commission’s receipt of the request. 6/30/16 Senate Appropriations Committee 2015-2016 Legislative Update Matrix VTA Position Page 31 of 55 9.a State Assembly Bills Subject AB 2800 (Quirk) Climate-Safe Infrastructure Working Group Requires state agencies to take into account the expected impacts of climate change when planning, designing, building, and investing in state infrastructure. By July 1, 2017, requires the Natural Resources Agency to establish a Climate-Safe Infrastructure Working Group for the purpose of examining how to integrate scientific data concerning projected climate change impacts into state infrastructure engineering. Requires the working group to consist of: (1) registered professional engineers with relevant expertise in state infrastructure design from the Departments of Transportation, Water Resources and General Services, and other relevant state agencies; (2) scientists with expertise in climate change projections and impacts from the University of California, the California State University and other institutions; and (3) licensed architects with relevant experience in state infrastructure design. Specifies that the working group may wish to consider and offer recommendations on the following issues: (1) the current barriers to integrating projected climate change impacts into state infrastructure design; (2) the development of practicable guidelines for planning and designing infrastructure that is more resilient to the expected impacts of climate change; (3) the identification of gaps in the critical information that engineers responsible for infrastructure design and construction need to address climate change impacts; (4) consideration of the appropriate engineering design for multiple projected scenarios for future climate change; and (5) consideration of a platform or process to facilitate communication between climate scientists and infrastructure engineers. By July 1, 2018, requires the working group to recommend to the Legislature a process for integrating scientific knowledge of projected climate change impacts into state infrastructure design and for addressing any information gaps in a timely manner. Specifies that the provisions of the bill will become inoperative on July 1, 2020. 8/2/16 Senate Appropriations Committee AB 2843 (Chau) Public Records: Employee Contact Information Provides that the home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records, and shall not be open to public inspection. Allows disclosure of this information to be made in the following circumstances: (1) to an agent or a family member of the individual to whom the information pertains; (2) to an officer or employee of another public agency when necessary for the performance of official duties; (3) to an employee organization pursuant to regulations and decisions of the Public Employment Relations Board; or (4) to an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents. 6/28/16 Senate Floor AB 2847 (Patterson) California High-Speed Rail Authority: Reporting Requirements Requires the business plan prepared by the California High-Speed Rail Authority to identify projected financing costs for each segment or combination of segments of the high-speed rail system for which financing is proposed by the authority. In the business plan and in other reports that High-Speed Rail Authority is required to prepare, specifies that the authority shall call out any significant changes in scope for segments of the high-speed rail system identified in the previous version of the report, and provide an explanation of adjustments in cost and schedule attributable to the changes. 5/23/16 Senate Floor 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 32 of 55 9.a State Assembly Bills Subject Last Amended Status VTA Position AB 2853 (Gatto) Public Records Allows a public agency that posts a public record on its Internet Web site to refer a member of the public that requests to inspect that public record to the Web site where it is posted. If a member of the public requests a copy of the public record due to an inability to access or reproduce it from the Web site where it is posted, requires the public agency to promptly provide a copy to the member of the public. 6/16/16 Senate Floor AB 2866 (Gatto) Autonomous Vehicles By July 1, 2018, requires the Department of Motor Vehicles (DMV) to adopt regulations for the testing and operation of autonomous vehicles without a driver in the vehicle, and not equipped with a brake pedal, accelerator pedal or steering wheel. 4/11/16 Assembly Appropriations Committee ACA 3 (Gallagher) Public Employees’ Retirement Calls for placing before the voters an amendment to the California Constitution to make several changes to retirement benefits for public employees. Requires any enhancement to a public employee’s retirement formula or benefit adopted on or after the effective date of this constitutional amendment to apply only to serve performed on and after the operative date of the enhancement, and not to any service performed prior to that date. Provides that if a change to a public employee’s retirement membership classification or a change in employment results in an enhancement to the retirement formula or benefit applicable to that employee, requires that enhancement to apply only to serve performed on or after the operative date of the change, and not to service performed prior to that date. Specifies that an increase to a retiree’s annual cost-of-living adjustment within existing statutory limits is not considered to be an enhancement to a retirement benefit. As Introduced Assembly Public Employees, Retirement & Social Security Committee ACA 4 (Frazier) Local Transportation Special Taxes Calls for placing before the voters an amendment to the California Constitution to allow a city, county or special district to impose, extend or increase a sales and use or a transactions and use tax for the purpose of providing funding for local transportation projects, if approved by a 55 percent majority vote. Defines “local transportation project” to mean the planning, design, development, financing, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance of local streets, roads and highways; state highways and freeways; and public transit systems. Specifies that this constitutional amendment shall become effective upon approval by the voters, and shall apply to any local measure imposing, extending or increasing a sales and use or transactions and use tax to fund local transportation projects that is submitted at the same election. 8/17/15 Assembly Appropriations Committee ACA 11 (Gatto) Public Utility Reform Act of 2016 Calls for placing before the voters an amendment to the California Constitution to authorize the Legislature to reallocate and reassign all or a portion of the functions of the California Public Utilities Commission (CPUC) to other state agencies, departments, boards, or others entities that it may create. Requires the Legislature’s reallocation or reassignment of the CPUC’s functions to be done to further consumer protection, public health, environmental protection, increased transparency, public access, and the preservation of the ability of third parties to advocate for and intervene on behalf of those who need their advocacy. Requires the Legislature to adopt appropriate structures to: (1) provide greater accountability for the public utilities of California; (2) provide the necessary guidance to focus regulatory efforts on safety, reliability and ratesetting; and (3) implement statutorily authorized programs for reducing greenhouse gas emissions 5/27/16 Senate Energy, Utilities & Communications Committee 2015-2016 Legislative Update Matrix Support Page 33 of 55 9.a State Assembly Bills Subject Last Amended Status ABX1-1 (Alejo) Transportation Funding Retains the revenues generated by vehicle weight fees in the State Highway Account, and requires the General Fund to pay debt service on transportation general obligation bonds. With regard to the revenues derived from increases in the state gasoline excise tax resulting from the transportation funding swap initially enacted in 2010 and reaffirmed in 2011, requires all of the money to be allocated in the following manner: (1) 44 percent to the State Transportation Improvement Program (STIP); (2) 44 percent to cities and counties for local streets and roads; and (3) 12 percent to the State Highway Operation & Protection Program (SHOPP). With respect to any loans made to the General Fund from the State Highway Account, the Public Transportation Account, the Bicycle Transportation Account, the Motor Vehicle Fuel Account, the Highway Users Tax Account, the Pedestrian Safety Account, the Transportation Investment Fund, the Traffic Congestion Relief Fund, the Motor Vehicle Account, and the Local Airport Loan Account with a repayment date of January 1, 2019, or later to be repaid to the account from which the loan was made by December 31, 2018. Recaptures revenues generated by Caltrans through the rental or sale of property, the sale of documents and other miscellaneous services to the public for transportation purposes. As Introduced Assembly Desk Support ABX1-2 (Perea) Public-Private Partnerships Extends existing statutory authority for Caltrans and regional transportation agencies, including the Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for transportation infrastructure projects indefinitely. As Introduced Assembly Desk Support ABX1-3 (Frazier) Transportation Funding: State Highways and Local Roadways Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of transportation funding to maintain and repair highways, local roads, bridges, and other critical transportation infrastructure. 9/3/15 Conference Committee ABX1-4 (Frazier) Transportation Funding: Trade Corridors and Local Transportation Infrastructure Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of transportation funding to improve the state’s key trade corridors, and support efforts by local governments to repair and improve local transportation infrastructure. As Introduced Senate Rules Committee ABX1-6 (R. Hernandez) Cap-and-Trade: Affordable Housing and Sustainable Communities Program Requires 20 percent of the cap-and-trade auction proceeds provided to the Affordable Housing and Sustainable Communities Program to be allocated to rural areas. Requires half of these funds to be allocated to eligible affordable housing projects. Requires the Strategic Growth Council to amend its guidelines for the Affordable Housing and Sustainable Communities Program to be consistent with the provisions of this bill. As Introduced Assembly Desk 2015-2016 Legislative Update Matrix VTA Position Page 34 of 55 9.a State Assembly Bills Subject Last Amended Status ABX1-7 (Nazarian) Cap-and-Trade: Public Transit Funding Increases the amount of cap-and-trade auction proceeds continuously appropriated from the Greenhouse Gas Reduction Fund to the Low Carbon Transit Operations Program from 5 percent to 10 percent, and to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent. As Introduced Assembly Desk Support ABX1-8 (Chiu) Diesel Sales Tax Increases the sales and use tax rate on diesel fuel by 3.5 percent. Dedicates the revenues derived from this increase to the State Transit Assistance Program (STA). As Introduced Assembly Desk Support ABX1-9 (Levine) Richmond-San Rafael Bridge By September 30, 2015, requires Caltrans to implement an operational improvement project that does the following: (1) temporarily restores to automobile traffic the third eastbound lane on I-580 that existed prior to 1977 and that was temporarily restored immediately following the Loma Prieta earthquake, from the beginning of the Richmond-San Rafael Bridge in Marin County to Marine Street in Contra Costa County; and (2) temporarily converts the existing one-way bicycle lane along the north side of westbound I-580 from the Marine Street Interchange to Stenmark Drive and the toll plaza in Contra Costa County into a bidirectional bicycle and pedestrian lane. Requires Caltrans to keep the temporary third automobile lane and the temporarily bidirectional bicycle lane in place until the department has completed the Richmond-San Rafael Bridge Access Improvement Project. As Introduced Assembly Desk ABX1-10 (Levine) Public Works Contracts: MegaInfrastructure Projects Prohibits a state entity in a mega-infrastructure project contract from providing for the payment of extra compensation to the contractor until the project has been completed, and an independent third party has verified that the project meets all architectural or engineering plans and safety specifications of the contract. Applies to contracts entered into or amended on or after the effective date of the bill. Defines “mega-infrastructure project” to mean the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind that exceeds $1 billion in cost. As Introduced Assembly Desk ABX1-12 (Nazarian) LA Metro: PublicPrivate Partnerships Authorizes the Los Angeles County Metropolitan Transportation Authority (LA Metro) to enter into agreements with private entities for transportation projects in Los Angeles County, including on the state highway system, subject to various terms and requirements. Allow LA Metro to impose tolls and user fees for use of those projects. Requires LA Metro to implement such projects on the state highway system in cooperation with Caltrans pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway facilities in connection with the project. Authorizes LA Metro to issue bonds to finance any costs necessary to implement such a project, payable from revenues generated from the project or other available resources. As Introduced Assembly Desk ABX1-13 (Grove) Cap-and-Trade: State Highways and Local Streets/Roads For FY 2016, reduces the amount of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund that are continuously appropriated to the Affordable Housing and Sustainable Communities Program from 20 percent to 10 percent. Beginning in FY 2017, continuously appropriates 50 percent of the cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to the State Highway Operation and Protection Program (SHOPP), and 50 percent to cities and counties for local streets/roads. As Introduced Assembly Desk 2015-2016 Legislative Update Matrix VTA Position Page 35 of 55 9.a State Assembly Bills Subject Last Amended Status ABX1-14 (Waldron) General Fund Appropriations: State Highways and Local Streets/Roads Continuously appropriates $1 billion from the General Fund to be distributed as follows: (1) 50 percent to the State Highway Operation and Protection Program (SHOPP); and (2) 50 percent to cities and counties for local streets/roads. As Introduced Assembly Desk ABX1-15 (Patterson) Caltrans: Capital Outlay Support Reduces the FY 2016 appropriation to Caltrans for capital outlay support by $500 million and, instead, distributes this money as follows: (1) 50 percent to the State Highway Operation and Protection Program (SHOPP); and (2) 50 percent to cities and counties for local streets/roads. As Introduced Assembly Desk ABX1-16 (Patterson) Pilot Program: Transferring State Highways to Local Agencies Establishes a five-year pilot program under which two counties, one in Northern California and one in Southern California, would be selected to operate, maintain and make improvements to all state highways within their respective jurisdictions. For the duration of the pilot program, requires Caltrans to convey all of its authority and responsibility over state highways in a participating county to the applicable county or regional transportation agency. Requires the pilot program to begin no later than January 1, 2017. Requires the California Transportation Commission (CTC) to administer and oversee the pilot program, and to select the counties that will participate in the program from applications received by the commission. For the duration of the pilot program, requires funding to be appropriated as block grants in the annual Budget Act to the participating counties in an amount equivalent to federal and state dollars otherwise to be expended by Caltrans on state highways in those counties, including money for operations, maintenance, capital outlay support, the State Highway Operation and Protection Program (SHOPP), and the State Transportation Improvement Program (STIP). In consultation with Caltrans, requires the CTC to determine the applicable grant amounts for each participating county, and to submit its recommendations to the Governor and the Legislature. Provides that any cost savings realized by a participating county, compared to comparable expenditures that otherwise would have been undertaken by Caltrans on state highways in the county in the absence of the pilot program, may be used by the county for other transportation priorities consistent with eligible expenditures for the funding sources involved, subject to approval by the CTC. As Introduced Assembly Desk ABX1-17 (Achadjian) Cap-and-Trade: State Highway Operation and Protection Program Beginning in FY 2017, continuously appropriates 25 percent of the cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to the State Highway Operation and Protection Program (SHOPP). As Introduced Assembly Desk ABX1-18 (Linder) Vehicle Weight Fee Revenues Beginning January 1, 2016, prohibits vehicle weight fee revenues from being used to pay debt service on transportation-related, general obligation bonds. As Introduced Assembly Desk 2015-2016 Legislative Update Matrix VTA Position Support Page 36 of 55 9.a State Assembly Bills Subject Last Amended Status ABX1-19 (Linder) California Transportation Commission Excludes the California Transportation Commission (CTC) from the California State Transportation Agency (CalSTA), and establishes it as a separate and independent entity in state government. As Introduced Assembly Desk ABX1-20 (Gaines) State Government: Elimination of Vacant Positions Requires the Department of Human Resources to eliminate 25 percent of the vacation positions in state government that are funded by the General Fund. Continuously appropriates $685 million from the General Fund, with 50 percent to be made available to Caltrans for maintenance of the state highway system or for projects funded under the State Highway Operation and Protection Program (SHOPP), and 50 percent to be made available to cities and counties for local streets/roads. As Introduced Assembly Desk ABX1-21 (Obernolte) Environmental Quality: Highway Projects Prohibits a court in a judicial action or proceeding under the California Environmental Quality Act (CEQA) from staying or enjoining a project related to constructing or improving a highway unless the court finds either of the following: (1) the project presents an imminent threat to the public health and safety; or (2) the project site contains unforeseen important Native American artifacts, or unforeseen important historical, archaeological or ecological values that would be materially, permanently and adversely affected by the project unless the court stays or enjoins the project. As Introduced Assembly Desk ABX1-22 (Patterson) Design-Build Contracting: Highway Projects Authorizes Caltrans to utilize design-build contracting for an unlimited number of state highway projects, and requires the department to contract with consultants to perform construction inspection services related to those projects. For design-build contracts for state highway projects administered by regional transportation agencies, including the Santa Clara Valley Transportation Agency (VTA), eliminates the requirement in existing law that Caltrans perform construction inspection services related to those projects. As Introduced Assembly Desk 2015-2016 Legislative Update Matrix VTA Position Page 37 of 55 9.a State Assembly Bills Subject Last Amended Status ABX1-23 (E. Garcia) Transportation Projects: Disadvantaged Communities By January 1, 2017, requires the California Transportation Commission (CTC) to establish a process whereby Caltrans and local agencies receiving funding for highway capital improvement projects from the State Highway Operation and Protection Program (SHOPP), or from the State Transportation Improvement Program (STIP) prioritize projects that provide meaningful benefits to the mobility and safety needs of disadvantaged community residents, as identified by the community through strong public participation. In this regard, requires the CTC to do all of the following: (1) establish a funding floor where no less than 35 percent of rehabilitation and reconstruction projects are located in urban and rural disadvantaged communities, and provide meaningful benefits to the residents of those communities; (2) include robust public stakeholder engagement with regard to the development of guidelines relating to the prioritization of projects in disadvantaged communities; and (3) prioritize projects that recruit, hire and train low-income, formerly incarcerated, or disconnected youth and adults, as well as other individuals with barriers to employment. Specifies that a “disadvantaged community” means a community with any of the following characteristics: (1) an area with a median household income that is less than 80 percent of the statewide median household income based on the most current census-tract-level data from the American Community Survey; (2) an area identified as among the most disadvantaged 25 percent of areas in the state according to the California Environmental Protection Agency (CalEPA), based on the latest version of CalEnviroScreen scores; or (3) an area where at least 75 percent of public school students are eligible to receive free or reduced-price meals under the National School Lunch Program. Requires $125 million to be appropriated annually from the State Highway Account to the Active Transportation Program, with these additional funds to be used for network grants that prioritize projects in underserved areas. As Introduced Assembly Desk ABX1-24 (Levine) Bay Area Transportation Commission Effective January 1, 2017, redesignates the Metropolitan Transportation Commission (MTC) as the Bay Area Transportation Commission. Requires commissioners to be elected by districts comprised of approximately 750,000 residents, based on the 2010 Census. Declares the intent of the Legislature that the district boundaries should be drawn by a citizen’s redistricting commission. Requires each district to elect one commissioner, except that a district with a toll bridge within its boundaries would elect two commissioners. Requires the initial elections for commissioners to occur in 2016. Requires the elected commissioners to take office on January 1, 2017. Declares the intent of the Legislature that campaigns for commissioners should be publicly financed. Specifies that each commissioner’s term of office is four years. Effective January 1, 2017, deletes the Bay Area Toll Authority’s status as a separate entity from MTC and merges the authority into the Bay Area Transportation Commission. As Introduced Assembly Desk 2015-2016 Legislative Update Matrix VTA Position Page 38 of 55 9.a State Senate Bills 3B State Senate Bills Subject Last Amended Status VTA Position SB 20 (Pavley) Low Carbon Fuels Council Creates the Low Carbon Fuels Council to consist of six members as follows: (1) the chair of the California Air Resources Board (CARB) or designee; (2) the chair of the State Energy Resources Conservation and Development Commission or designee; (3) the director of the Governor’s Office of Business and Economic Development or designee; (4) one member appointed by the Senate Rules Committee; (5) one member appointed by the Assembly speaker; and (6) one member appointed by the Governor, with the advice and consent of the Senate. Requires the council to do all of the following: (1) coordinate state agencies’ activities related to the acceleration and development of the in-state production of low carbon fuels and very low carbon transportation fuels; (2) identify and evaluate any gaps in existing programs, policies or activities that may impede the in-state construction of new or the expansion of existing low carbon fuel production facilities or very low carbon transportation fuel production facilities; and (3) make recommendations to the Legislature for changes in the law needed to achieve the state’s greenhouse gas emissions reduction goals. 8/15/16 Assembly Floor SB 32 (Pavley) Greenhouse Gas Emissions Limit Based on the best available scientific, technological and economic assessments, requires the California Air Resources Board (CARB) to approve in a public hearing a statewide greenhouse gas emissions limit that is equivalent to 40 percent below the 1990 level to be achieved by 2030. Requires a statewide greenhouse gas emissions limit to include short-lived climate pollution. Requires CARB to consider historic efforts to reduce greenhouse gas emissions, and objectively seek and account for cost-effective actions to reduce such emissions across all sectors. Makes conforming changes to other provisions of the California Global Warming Solutions Act of 2006 (AB 32) to reflect the addition of a 2030 statewide greenhouse gas emissions limit, except for the provisions related to CARB’s authority to implement a market-based compliance mechanism. Requires CARB to make recommendations to the Governor and the Legislature on how to continue reductions of greenhouse gas emissions beyond 2030. 6/30/16 Assembly Appropriations Committee SB 39 (Pavley) HOV Lanes: LowEmission and FuelEfficient Vehicles Increases the number of green stickers that can be issued by the Department of Motor Vehicles (DMV) to allow certain low-emission and fuel-efficient vehicles to use high-occupancy vehicle (HOV) lanes regardless of the number of occupants from 70,000 to 85,000. 4/8/15 Assembly Transportation Committee 2015-2016 Legislative Update Matrix Page 39 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 122 (Jackson) CEQA: Record of Proceedings At the request of a project applicant, requires the lead agency for California Environmental Quality Act (CEQA) purposes to prepare a record of proceedings concurrently with the preparation of a negative declaration, mitigated negative declaration, environmental impact report (EIR), or other environmental documents for the project, as specified. Requires the Office of Planning and Research to establish and maintain a database for the collection, storage, retrieval, and dissemination of environmental documents, notices of exemption, notices of preparation, notices of determination, and notices of completion provided to the office. Requires a lead agency to submit a sufficient number of copies, in either a hard copy or electronic form as required by the Office of Planning and Research, of its draft environmental document, proposed negative declaration or proposed mitigated negative declaration to the State Clearinghouse for review and comment by state agencies. Requires a lead agency to accept comments on these documents through electronic mail and to treat such comments as equivalent to written comments. 6/1/15 Assembly Appropriations Committee SB 189 (Hueso) Clean Energy and Low-Carbon Economic and Jobs Growth Blue Ribbon Committee Creates the Clean Energy and Low-Carbon Economic and Jobs Growth Blue Ribbon Committee within the California Environmental Protection Agency (CalEPA) to be comprised of seven members appointed by the Governor, the Speaker of the Assembly and the Senate Rules Committee. Requires the committee to consist solely of persons with expertise in economic, financial or policy aspects of clean energy, economic growth, job creation, workforce standards, or employment opportunities for disadvantaged workers. Requires the committee to advise state agencies on the most effective ways to: (1) expend funds related to clean energy and the reduction of greenhouse gas emissions; and (2) implement policies in order to maximize California’s economic and employment benefits. In addition, requires the committee to do all of the following: (1) develop guidance for tracking, reporting and evaluating jobs outcomes for state clean energy and low-carbon investments; (2) develop guidance to measure the quantity and quality of jobs created by state clean energy and low-carbon investments, as well as the geographic and demographic distribution of those jobs; (3) advise state agencies on the most effective ways to require responsible contractor standards, as applicable, and minimum training and skill certifications for workers to ensure high-quality work for state clean energy and low-carbon investments; (4) advise state agencies on the most effective ways to connect disadvantaged communities to good quality jobs and career pathways created by state clean energy and low-carbon investments; and (5) advise state agencies on the most effective ways to align state clean energy and low-carbon training funds with existing state workforce development investments and strategies. 8/17/15 Assembly Appropriations Committee SB 207 (Wieckowski) Greenhouse Gas Reduction Fund: State Agency Reporting Requires any state agency expending cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to post on its Internet Website a record describing each expenditure and how that expenditure would reduce greenhouse gas emissions. 3/24/15 Assembly Natural Resources Committee 2015-2016 Legislative Update Matrix Page 40 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 321 (Beall) Variable Gas Tax Rate In calculating adjustments to the variable gas tax rate to be made for FY 2017 and each fiscal year thereafter in order to ensure that the same amount of revenue is generated as by the former state sales tax on gasoline pursuant to the 2010-2011 transportation funding swap, requires the Board of Equalization to use a combined average based on an estimate of fuel prices for the current fiscal year and the actuals for the four previous fiscal years, rather than using projections of fuel prices for only the upcoming fiscal year. 8/18/15 Senate Floor: Concurrence SB 344 (Monning) Commercial Driver’s License: Education Beginning January 1, 2018, requires a person, in addition to a written and driving test, to successfully complete a course of instruction from either a commercial driver training institution or a program offered by an employer that has been certified by the Department of Motor Vehicles (DMV) before he or she is issued an original commercial driver’s license. Provides an exemption to this course of instruction requirement in the following cases: (1) a commercial motor vehicle driver with military motor vehicle experience who is currently licensed with the U.S. Armed Forces; (2) a commercial motor vehicle driver who presents a valid certificate of driving skill from an approved employer-testing program that includes a course of instruction that meets the minimum standards set by the DMV; (3) a commercial motor vehicle driver who presents a certificate issued by the California Highway Patrol (CHP) or a Transit Driver Training Record DL 260 form signed by an employer trainer certified by the Federal Transit Administration’s “Train-the-Trainer” Program; or (4) a commercial motor vehicle driver who has received and documented training in compliance with the Education Code. 6/23/15 Assembly Appropriations Committee SB 398 (Leyva) Green Assistance Program Establishes the Green Assistance Program to be administered by the California Environmental Protection Agency (CalEPA). Requires the Green Assistance Program to provide technical assistance to small businesses, small non-profit organizations and disadvantaged communities in applying for an allocation of cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund. Specifies that the Green Assistance Program may include the following: (1) basic information on available programs funded with cap-and-trade auction proceeds, and the eligibility requirements and deadlines for those programs; and (2) referrals to designated contact people in public agencies administering programs funded with cap-and-trade auction proceeds. Requires CalEPA to use existing resources appropriated by the Legislature in the annual Budget Act to administer the Green Assistance Program. 6/2/15 Assembly Appropriations Committee SB 400 (Lara) Cap-and-Trade: High-Speed Rail Requires not less than 25 percent of the cap-and-trade auction proceeds continuously appropriated to the California High-Speed Rail Authority from the Greenhouse Gas Reduction Fund to be allocated for projects that either reduce or offset greenhouse gas emissions directly associated with the construction of the high-speed rail project and provide a co-benefit of improving air quality. Requires priority to be given to measures and projects in communities that are located in areas designated as extreme nonattainment. Provides that measures and project eligible for funding may include the following: (1) public transit improvements that reduce congestion; (2) transportation improvements that reduce congestion, including network improvements and roadway modifications; (3) alternative transportation options, including infrastructure improvements that support clean transportation, facilitate bicycle and pedestrian use, and connect bicycle and pedestrian routes to public transit facilities; (4) natural systems, including rural and urban forests, that reduce greenhouse gas emissions or increase the sequestration of carbon to mitigate the impacts of greenhouse gas emissions, and create greater climate resiliency; and (5) the use of low- and zero-emission equipment for transportation and construction. 6/1/15 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix Support Page 41 of 55 9.a State Senate Bills Subject SB 433 (Berryhill) Variable Gas Tax Rate: Department of Finance For FY 2017 through FY 2021, requires the Department of Finance, rather than the Board of Equalization, to calculate any adjustments to the variable gas tax rate that would be needed to ensure that the same amount of revenue is generated as by the former state sales tax on gasoline pursuant to the 2010 transportation funding swap. Similarly, for FY 2017 through FY 2021, requires the Department of Finance, rather than the Board of Equalization, to adjust the diesel excise tax rate to maintain revenue neutrality with the increase in the state sales tax rate on diesel fuel that was enacted as part of the 2010 transportation funding swap. 5/7/15 Assembly Revenue & Taxation Committee SB 773 (Allen) Vehicle Registration Fraud Study Until January 1, 2021, requests the University of California to conduct a study on motor vehicle registration fraud and failure to register a motor vehicle. If conducted, requires the study to include all of the following: (1) quantification of the magnitude of the problem; (2) the strategies being used by motorists to commit motor vehicle registration fraud; (3) the reasons for the behaviors of motorists who commit motor vehicle registration fraud or who fail to register their motor vehicles; (4) the costs to the state and local governments in lost revenues; (5) increases in air pollution; (6) other costs and consequences of these behaviors; and (7) recommended strategies for increasing compliance with registration requirements. Requires the Department of Motor Vehicles (DMV) to enter into an agreement with the University of California to share its vehicle registration information with university researchers if the study is conducted. Requests the University of California to post a report regarding the study on its Internet Web site by January 1, 2018. 6/15/16 Assembly Appropriations Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 42 of 55 9.a State Senate Bills Subject SB 824 (Beall) Low Carbon Transit Operations Program Makes a number of changes to the Low Carbon Transit Operations Program (LCTOP) to enhance flexibility in the use of the funds by public transit agencies. Clarifies that a recipient transit agency may use its LCTOP formula share to purchase zero-emission buses, including electric buses, or to install the necessary equipment and infrastructure to operate and support such buses, without also having to expand service. Provides that a recipient transit agency that has used its LCTOP funding share for any type of operating assistance in a previous fiscal year may use LCTOP money to continue the same service or program in any subsequent fiscal year, so long as the agency can demonstrate that greenhouse gas emissions reductions will be realized. For capital projects, requires a recipient transit agency to do all of the following: (1) specify the phases of work for which the agency is seeking an allocation of funding from LCTOP; (2) identify the sources and timing of all funding required to undertake and complete any phase of a project for which the agency is seeking an allocation from the program; and (3) described intended sources and timing of funding to complete any subsequent phases of the project through construction or procurement. Requires a recipient transit agency to demonstrate that each expenditure of LCTOP funding does not supplant another source of funds. Allows a recipient transit agency that does not submit an expenditure for funding in a particular fiscal year to retain its funding share, and to accumulate and utilize that funding share in a subsequent fiscal year for a larger expenditure. Requires the recipient transit agency to specify the number of years that it intends to retain its funding share and the expenditure for which the agency intends to use these dollars. Limits the number of fiscal years that a recipient transit agency may retain its funding share to four fiscal years. Allows a recipient transit agency, in any particular fiscal year, to loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure. Allows a recipient transit agency to apply to Caltrans to do either of the following: (1) reassign any savings of LCTOP funding allocated for a completed expenditure to another eligible expenditure; or (2) reassign to another eligible expenditure any LCTOP funding previously allocated to an expenditure that the agency has determine is no longer a high priority. Allows for the use of Letters of No Prejudice (LONPs), so that recipient transit agencies can advance their projects or services with local money and then get reimbursed with LCTOP dollars when that funding becomes available. 2015-2016 Legislative Update Matrix Last Amended 8/15/16 Status VTA Position Assembly Floor Support Page 43 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 838 (Budget & Fiscal Review Committee Transportation Budget Trailer Bill Provides that after the amounts required under current law have been repaid using either tribal gaming or Budget Stabilization Account revenues to various transportation accounts for prior loans made to the General Fund, or in any year during which any portion of the outstanding loans are repaid from the Budget Stabilization Account in an amount that is greater than or equal to the amount of tribal gaming revenues, requires tribal gaming revenues to be remitted to the California Gambling Control Commission for deposit in the General Fund. For the third and fourth quarters of FY 2016, and for all four quarters of FY 2017 and FY 2018, requires the Controller’s Office to calculate and publish the allocation of State Transit Assistance Program (STA) revenue-based funds based on the same list of public transit operators and the same individual operator ratios that were published by the Controller’s Office for the fourth quarter of FY 2015. Requires the remaining FY 2016 distributions of STA revenue-based funds to individual public transit operators be adjusted so that the total FY 2016 amount received by an operator ultimately reflects the FY 2015 operator ratios. Effective April 1, 2017, increases the base vehicle registration fee from $43 to $53, which shall be adjusted annually pursuant to the Consumer Price Index. On January 1, 2019, ends the authority of the Department of Motor Vehicles (DMV) to issue decals, stickers or other identifiers allowing battery electric, hydrogen fuel cell and compressed natural gas vehicles to use high-occupancy vehicle (HOV) lanes without the required number of occupants in the vehicle. Eliminates the 85,000 cap in current law and, instead, authorizes the DMV, until January 1, 2019, to issue an unlimited number of decals, stickers or other identifiers to allow HOV lane access for plug-in hybrid vehicles without the required number of occupants in the vehicle. 6/10/16 Senate Floor: Concurrence SB 876 (Liu) Homelessness: Use of Public Spaces Provides that persons experiencing homelessness shall be permitted to use public space at any time that the space is open to the public without discrimination based on their housing status, and without being subject to criminal, civil or administrative penalties. Allows persons experiencing homelessness to use public space for all of the following: (1) free movement without restraint; (2) sleeping or resting, and protecting oneself from the elements while sleeping or resting, in a non-obstructive manner; (3) eating, sleeping, accepting, or giving food in a space in which food is not otherwise generally prohibited; and (4) praying, meditating, worshipping, or practicing religion. Defines “public space” to mean any property that is owned by a government entity or upon which there is an easement for public use, and that is held open to the public, including plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks. Provides that the ability to rest does not apply to a space during a time when it is closed to all persons or when a fee is required for entry or use. 3/28/16 Senate Transportation & Housing Committee SB 882 (Hertzberg) Fare Evasion: Minors Prohibits a public transit agency from charging a minor with an infraction or misdemeanor for acts of fare evasion. Specifies that nothing in the bill shall limit the ability of a public transit agency to assess a minor an administrative penalty for acts of fare evasion, not to exceed $250 upon a first or second violation and not to exceed $400 upon a third or subsequent violation. 5/31/16 Governor’s Office 2015-2016 Legislative Update Matrix Page 44 of 55 9.a State Senate Bills Subject SB 885 (Wolk) Design Professional Contracts: Indemnity Commencing with all contracts, and amendments thereto, entered into on or after January 1, 2017, provides that a design professional shall only have the duty to defend himself or herself from claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the design professional. Specifies that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any such contract that purport to require a design professional to defend claims against another party shall be unenforceable. Specifies that the bill does not prohibit a design professional from mutually agreeing with another party to the timing or immediacy of a defense, and provisions for reimbursement of defense fees and costs. Specifies that the bill shall not be construed to affect: (1) any duty of a design professional to defend any claims brought against him or her on an ongoing basis during their pendency; or (2) a design professional’s obligation to reimburse reasonable defense costs incurred by other persons or entities, limited to the design professional’s degree of fault as determined by a court, arbitration or negotiated settlement. 6/16/16 Assembly Judiciary Committee SB 901 (Bates) Advanced Mitigation Program Requires Caltrans to establish an Advanced Mitigation Program to accelerate project delivery and improve the outcomes of environmental mitigation for transportation infrastructure projects. Allows the program to utilize mitigation instruments, including mitigation banks and conservation easements. Allows Caltrans to use advanced mitigation credits to fulfill mitigation requirements of any environmental law for a transportation project eligible for the State Transportation Improvement Program (STIP), or the State Highway Operation and Protection Program (SHOPP). Beginning with FY 2017, requires Caltrans to set aside at least $30 million per year from the annual appropriations for the STIP and the SHOPP for the planning and implementation of projects in the Advanced Mitigation Program. As Introduced Senate Transportation & Housing Committee SB 902 (Cannella) Federal Environmental Review Process Extends indefinitely the statutory authorization for Caltrans to participate in a federal program that allows states to assume the responsibilities of the Federal Highway Administration (FHWA) under the National Environmental Policy Act (NEPA). In addition, extends indefinitely provisions in existing law that authorize Caltrans to consent to the jurisdiction of the federal court’s with regard to the assumption of FHWA’s responsibilities under NEPA and that waive the state’s Eleventh Amendment protection against NEPA-related lawsuits brought in federal court for as long as Caltrans participates in the program. As Introduced Senate Transportation & Housing Committee SB 903 (Nguyen) Transportation Loans Acknowledges that as of June 30, 2015, there is $879 million in loans of certain transportation revenues still outstanding, and requires this amount to be repaid by the General Fund from the Budget Stabilization Account no later than June 30, 2016. Requires the loan repayments to be distributed as follows: (1) $148 million to be allocated by the California Transportation Commission (CTC) to fund construction and associated support costs for projects that are programmed in the Traffic Congestion Relief Program (TCRP), but which have not received their full allocations pursuant to current law; (2) $334 million to the Trade Corridors Improvement Fund; (3) $265 million to the Transit and Intercity Rail Capital Program; and (4) $132 million to the State Highway Operation and Protection Program (SHOPP). As Introduced Senate Transportation & Housing Committee 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 45 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 940 (Vidak) High-Speed Rail: Selling of Property Prior to selling property, requires the California High-Speed Rail Authority to send notification by certified mail to the last known owner advising him or her that the property will be offered for sale. Provides that the High-Speed Rail Authority shall not sell the property until at least 30 days after the notification has been sent. 4/12/16 Governor’s Office SB 951 (McGuire) Golden State Patriot Passes Program Creates the Golden State Patriot Passes Program as a pilot program to provide veterans with free access to public transit services. Requires Caltrans to administer the program. By January 1, 2018, requires Caltrans to select three transit operator applicants to receive funding under the pilot program. If there are sufficient applicants, requires Caltrans to do all of the following: (1) not select a transit operator applicant that is currently providing veterans with free access to public transit services; (2) select applicants that serve entirely different counties; (3) select one application that primarily serves an urban area, one that primarily serves a suburban area, and one that primarily serves a rural area. Caps the amount of funding that a participating transit operator primarily serving an urban area could receive under the program at $2 million. Establishes caps for participating transit operators primarily serving suburban and rural areas at $900,000 and $100,000, respectively. Requires a transit operator selected to participate in the pilot program to match any state money that it receives with local funds. Sunsets the pilot program on January 1, 2022. 4/26/16 Senate Appropriations Committee SB 998 (Wieckowski) Bus-Only Lanes: Motorist Violations Prohibits a person from operating, parking, stopping, or leaving standing a motor vehicle in a highway or roadway lane that has been designated for the exclusive use of public transit buses. 8/11/16 Assembly Floor SB 1001 (Mitchell) Employment: Unfair Immigration-Related Practices Provides that it is unlawful for an employer to do any of the following: (1) engage in an unfair immigration-related practice against an applicant for employment or an employee; (2) attempt to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigrationrelated practice; or (3) discriminate against an applicant for employment or an employee with authorization to work based on the specific status, or term of status, that accompanies the authorization to work. 3/28/16 Senate Appropriations Committee SB 1051 (Hancock) AC Transit: Automated Enforcement of Parking Violations in Bus-Only Lanes Until January 1, 2022, authorizes the Alameda-Contra Costa Transit District (AC Transit) to install automated forward-facing cameras on its public transit vehicles for the purpose of video imaging of parking violations occurring in transit-only traffic lanes. 8/4/16 Assembly Floor 2015-2016 Legislative Update Matrix CoSponsor Page 46 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 1063 (Hall) Wage Differential: Race or Ethnicity Prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, except where the employer can demonstrate: (1) the wage differential is based on one or more of the following factors: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; or a bona fide factor other than race or ethnicity, such as education, training or experience; (2) each factor relied on is applied reasonably; and (3) the one or more factors relied on account for the entire wage differential. 4/20/16 Senate Appropriations Committee SB 1066 (Beall) FAST Act Requires the fund estimate for the State Transportation Improvement Program (STIP) prepared by Caltrans and the California Transportation Commission (CTC) to identify and include federal funds derived from apportionments made to the state under the Fixing America’s Surface Transportation (FAST) Act. Conforms state law related to driving under the influence of alcohol to federal law in order to allow California to be eligible to receive certain federal grant funding under the FAST Act. 6/29/16 Assembly Appropriations Committee SB 1128 (Glazer) Bay Area Regional Commute Benefit Ordinance Eliminates the January 1, 2017, sunset date, and indefinitely extends provisions in current law that authorize the Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Transportation Commission (MTC) to jointly adopt a regional commute benefit ordinance requiring certain employers to offer their employees one of three specified commute benefits. Deletes bicycle commuting as a pretax option under the ordinance and, instead, allows an employer covered by the ordinance, at its discretion, to offer commuting by bicycle as an employer-paid benefit. If the covered employer chooses to offer a subsidy to offset the monthly cost of commuting by bicycle, requires such subsidy to be either the monthly cost of commuting by bicycle or $20, whichever is lower. Deletes provisions in current law that require BAAQMD and MTC to jointly report to the Legislature regarding the implementation of the regional commute benefit ordinance. As Introduced Assembly Floor 2015-2016 Legislative Update Matrix Support Page 47 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SB 1141 (Moorlach) Pilot Program: Transferring State Highways to Local Agencies Establishes a five-year pilot program under which two counties, one in Northern California and one in Southern California, may be selected to operate, maintain and make improvements to all state highways within their respective jurisdictions. For the duration of the pilot program, requires Caltrans to convey all of its authority and responsibility over state highways in a participating county to the applicable county or regional transportation agency that has jurisdiction in the county. Requires the California Transportation Commission (CTC) to administer and oversee the pilot program, and to select the county or counties that will participate no later than January 1, 2018, from applications received by the commission. Provides that participation of a county in the pilot program is voluntary. Specifies that if the CTC is unable to select at least one county to participate in the pilot program by January 1, 2018, because no county has submitted an application, the provisions of the bill shall become inoperative on January 15, 2018. For the duration of the pilot program, requires funding to be appropriated as block grants in the annual Budget Act to the participating counties in an amount equivalent to federal and state dollars otherwise to be expended by Caltrans on state highways in those counties, including money for operations, maintenance, capital outlay support, the State Highway Operation and Protection Program (SHOPP), and the State Transportation Improvement Program (STIP). In consultation with Caltrans, requires the CTC to determine the applicable grant amounts for each participating county, and to submit its recommendations to the Governor and the Legislature. Provides that any cost savings realized by a participating county, compared to comparable expenditures that otherwise would have been undertaken by Caltrans on state highways in the county in the absence of the pilot program, may be used by the county for other transportation priorities consistent with eligible expenditures for the funding sources involved, subject to approval by the CTC. 4/5/16 Senate Transportation & Housing Committee SB 1197 (Cannella) Intercity Rail Corridors: Extensions At any time after an interagency transfer agreement for an intercity rail corridor between Caltrans and a joint powers board has been executed, allows the agreement to be amended to extend the affected rail corridor to provide intercity rail service beyond the defined boundaries of the corridor. Requires a proposed extension to be recommended and justified in the business plan for the intercity rail corridor by the joint powers board, and to be approved by the California State Transportation Agency (CalSTA). As Introduced Senate Transportation & Housing Committee SB 1259 (Runner) Toll Facilities: Veterans Exempts vehicles registered to a veteran and displaying a specialized veterans license plate from the payment of tolls or other charges on a toll road, high-occupancy toll (HOT) lane, toll bridge, toll highway, vehicular crossing, or any other toll facility. 4/21/16 Assembly Veterans Affairs Committee SB 1320 (Runner) California Transportation Commission and SHOPP Projects Excludes the California Transportation Commission (CTC) from the California State Transportation Agency (CalSTA) and, instead, establishes the commission as a separate entity in state government to act in an independent oversight role. Requires Caltrans to submit its proposed program of projects for the State Highway Operation and Protection Program (SHOPP) to the CTC. Requires Caltrans to program capital outlay support resources for each project included in the SHOPP. Requires Caltrans to provide the CTC with detailed information for all programmed SHOPP projects, including cost, scope and schedule. Specifies that the CTC is not required to approve the SHOPP in its entirety, as submitted by Caltrans, and may approve or reject individual SHOPP projects programmed by the department. Requires Caltrans to submit to the CTC for approval any changes in a programmed SHOPP project’s cost, scope or schedule. As Introduced Senate Transportation & Housing Committee 2015-2016 Legislative Update Matrix Page 48 of 55 9.a State Senate Bills Subject SB 1383 (Lara) Short-Lived Climate Pollutants No later than January 1, 2018, requires the California Air Resources Board (CARB) to approve and begin implementing a comprehensive short-lived climate pollutants strategy to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. Prior to approving this strategy, requires CARB to: (1) evaluate the best-available scientific, technological and economic information to ensure that the strategy is cost effective and technologically feasible; and (2) incorporate and prioritize, as appropriate, measures that provide co-benefits related to job growth and local economies; public health, particularly in disadvantaged communities; and the potential for new innovations in technology, energy and resource management practices. 4/12/16 Assembly Appropriations Committee SB 1397 (Huff) Highway Changeable Message Signs: Advertising Authorizes Caltrans, subject to federal approval, to enter into an agreement pursuant to a best value competitive procurement process with a contractor to construct, upgrade, reconstruct, and operate a network of changeable message signs within the rights-of-way of the state highway system. Requires the contractor, subject to certain standards established by Caltrans, to contract and receive funds for the placement of advertising on these changeable message signs when they are not being used by the department. Requires revenues derived from advertising on these changeable message signs to be allocated between Caltrans and the contractor. Requires the revenues received by Caltrans to be deposited into the State Highway Account, subject to appropriations by the Legislature. Authorizes Caltrans to adopt guidelines and procedures relative to advertising on changeable message signs. 5/31/16 Senate Floor SB 1402 (Pavley) California LowCarbon Fuels Incentive Program Establishes the California Low-Carbon Fuels Incentive Program to be administered by the California Air Resources Board (CARB), in conjunction with the State Energy Resources Conservation and Development Commission. Authorizes cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be appropriated for the program. Requires the program to provide incentives for the in-state production of low-carbon transportation fuels from new and existing facilities using sustainable feedstock. Requires priority to be given to projects providing direct benefits to disadvantaged communities. 3/28/16 Senate Appropriations Committee SB 1405 (Pavley) Zero-Emission Vehicles Requires the California Air Resources Board (CARB) to conduct a study to determine the feasibility and efficacy of providing grants to public transit agencies to subsidize cost-effective rides serving disadvantaged communities through the use of zero-emission vehicles that are utilized by rental car, transportation network, taxicab, or car-sharing companies in a manner that complements the service provided by the public transit agency. 4/13/16 Senate Appropriations Committee SB 1436 (Bates) Local Agency Executive Compensation Prior to taking final action on a recommendation related to a local agency executive’s salary, salary schedule or compensation paid in the form of fringe benefits, requires the legislative body of the agency to orally report a summary of the recommendation during the open meeting in which the final action is to be taken. 4/6/16 Governor’s Office 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 49 of 55 9.a State Senate Bills Subject SB 1464 (De Leon) Greenhouse Gas Emissions Reduction Programs: Consultation In identifying priority programmatic investments, requires the three-year investment plan prepared by the Department of Finance for the expenditure of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to do both of the following: (1) assess how proposed investments interact with current state regulations, policies and programs; and (2) evaluate if and how those proposed investments could be incorporated into existing programs. Requires the investment plan to recommend metrics that would measure progress and benefits from the proposed programmatic investments. 4/11/16 Assembly Appropriations Committee SCA 7 (Huff) Motor Vehicle Fees and Taxes: Restrictions on Expenditures Calls for placing before the voters an amendment to the California Constitution to prohibit the Legislature from borrowing revenues derived from fees and taxes imposed by the state on motor vehicles or their use or operations, and from using these revenues other than for state highways, local streets and roads, and fixed guideway mass transit as specified in Article 19 of the Constitution. Also prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, or for other indebtedness. Requires the revenues derived from that portion of the vehicle license fee that exceeds 0.65 percent of the market value of a vehicle to be used for street and highway purposes. Prohibits the Legislature from borrowing these revenues and from using them other than as specifically permitted. Also prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, or for other indebtedness. 5/28/15 Senate Transportation & Housing Committee SJR 24 (Beall) Federal Transportation Funding Urges Congress and the President to do the following: (1) fully fund the Transportation Investment Generating Economic Recovery (TIGER) Program at a level of $525 million in FY 2017 to provide additional critical transportation investment in California and elsewhere; and (2) to work together to finally find a long-term, sustainable funding solution to restore the lost purchasing power of the federal fuel excise tax, and provide California and the rest of the country with the resources needed to rebuild our infrastructure, invest in our people through good, well-paying jobs, and restore our economy. As Introduced Senate Floor 2015-2016 Legislative Update Matrix Last Amended Status VTA Position Page 50 of 55 9.a State Senate Bills SBX1-1 (Beall) Transportation Funding Subject Proposes to generate approximately $5.5 billion per year in new revenues for transportation purposes from the following sources: (1) an increase in the gasoline excise tax of 12 cents per gallon; (2) an increase in the diesel excise tax of 22 cents per gallon; (3) a registration surcharge of $35 per year imposed on all motor vehicles; (4) a registration surcharge of $100 per year imposed on zero-emission vehicles; (5) a road access charge of $35 per year imposed on all motor vehicles to be collected by the Department of Motor Vehicles (DMV) as part of the annual vehicle registration process; (6) an increase in the diesel sales tax rate of 3.5 percent for the State Transit Assistance Program (STA); (7) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent; and (8) an increase in the percentage of cap-and-trade auction proceeds continuously appropriated to the Low Carbon Transit Operations Program from 5 percent to 10 percent. Requires the repayment of approximately $1 billion in outstanding loans owed by the General Fund to the State Highway Account, the Motor Vehicle Fuel Account, the Highway Users Tax Account (HUTA), and the Motor Vehicle Account by June 30, 2016. Beginning July 1, 2019, and every three years thereafter, indexes the gas tax and the diesel excise tax to inflation and the change in average fuel efficiency. Requires the new $35 vehicle registration surcharge and the $35 road access fee to be indexed to inflation on an annual basis. Calls for 12 cents of the 22cent increase in the diesel excise tax to be deposited into the Trade Corridors Improvement Fund and used for goods movement projects programmed by the California Transportation Commission (CTC). Requires the balance of the revenues generated from the diesel excise tax increase, as well as from the gas tax increase, the road access charge, the two vehicle registration surcharges, and the one-time revenues from the General Fund loan repayments, to be deposited into a new Road Maintenance and Rehabilitation Account. Requires the revenues in the account to be used for the following purposes: (1) road maintenance and rehabilitation; (2) safety projects; (3) railroad grade separations; (4) active transportation and pedestrian/bicycle safety projects in conjunction with any other allowable project; or (5) wildlife crossings. Every year, requires 5 percent of the funds in the Road Maintenance and Rehabilitation Account to be set aside for allocation to counties that currently do not have a local transportation sales tax, but gain voter approval of one after July 1, 2016. Requires the CTC to develop guidelines to define the specific methodology that would be used to distribute these funds to eligible counties and to cities within those counties. Requires these funds to be expended for road maintenance and rehabilitation purposes. Allocates the remaining balance in the account after the 5-percent set-aside as follows: (1) 50 percent to Caltrans for state highway maintenance, State Highway Operation and Protection Program (SHOPP) projects, or other eligible purposes; and (2) 50 percent to cities and counties for their local roadway systems. In the latter case, equally divides the funds between cities and counties, with the cities’ portion being allocated by a formula based on population, and the counties’ share by a formula based on vehicle registrations and miles of maintained county roads. Establishes a substantial oversight role for the CTC to ensure that the funds allocated from the Road Maintenance and Rehabilitation Account are used by Caltrans and cities/counties in manner that is consistent with performance criteria adopted by the commission related to highway/roadway performance, greenhouse gas emissions, social equity impacts, and public health impacts. Converts the variable gas tax to a fixed rate of 17.3 cents per gallon, which would be indexed every three years to inflation and the change in average fuel efficiency. Requires a total of $550 million in cap-and-trade auction proceeds dedicated to high-speed rail to be set aside for intercity, commuter and urban rail projects. Annually allocates $100 million in cap-and-trade funds to the Active Transportation Program. 2015-2016 Legislative Update Matrix Last Amended 4/21/16 Status VTA Position Senate Appropriations Committee Support Page 51 of 55 9.a State Senate Bills Subject Last Amended Status SBX1-2 (Huff) Cap-and-Trade: State Highways and Local Roadways Requires the Legislature to appropriate cap-and-trade auction proceeds generated from the transportation fuels sector for transportation infrastructure, including public streets and highways, but excluding high-speed rail. As Introduced Senate Transportation & Infrastructure Development Committee SBX1-3 (Vidak) High-Speed Rail: Bond Funding Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as specifically provided with respect to an existing appropriation for early improvement projects related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the provisions of this bill to be redirected to retiring the debt incurred from the issuance and sale of those outstanding bonds. Allows the remaining unissued bonds, as of the effective date of the provisions of this bill, that were authorized for high-speed rail purposes to be issued and sold. Upon appropriation by the Legislature, requires the net proceeds from the sale of these remaining unissued bonds to be made available as follows: (1) 50 percent to Caltrans to fund repair and new construction projects on state highways and freeways; and (2) 50 percent to Caltrans to create a program to fund repair and new construction projects on local streets and roads, with each county receiving a base amount of funding, and any additional funding being allocated based on a county’s population. Makes no changes to the authorization under Proposition 1A for the issuance of $950 million in bonds for rail purposes other than high-speed rail. 8/17/15 Senate Transportation & Infrastructure Development Committee SBX1-4 (Beall) Transportation Funding: State Highways and Local Roadways Declares the intent of the Legislature to enact statutory changes to establish permanent, sustainable sources of transportation funding to maintain and repair the state’s highways, local roads, bridges, and other critical transportation infrastructure. 9/4/15 Conference Committee SBX1-5 (Beall) Transportation Funding: Trade Corridors and Local Transportation Infrastructure Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of transportation funding to improve the state’s key trade corridors, and support efforts by local governments to repair and improve local transportation infrastructure. As Introduced Assembly Desk SBX1-6 (Runner) Cap-and-Trade: High-Speed Rail Prohibits the use of cap-and-trade auction proceeds for the state’s high-speed rail project. Requires 65 percent of the cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be distributed to the California Transportation Commission (CTC) for allocation to high-priority transportation projects, as determined by the commission. Requires the CTC to allocate these funds as follows: (1) 40 percent to state highway projects; (2) 40 percent to local street/road projects, equally divided between cities and counties; and (3) 20 percent to public transit projects. As Introduced Senate Transportation & Infrastructure Development Committee 2015-2016 Legislative Update Matrix VTA Position Page 52 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SBX1-7 (Allen) Diesel Sales Tax Increases the sales and use tax rate on diesel fuel by 3.5 percent. Dedicates the revenues derived from this increase to the State Transit Assistance Program (STA). Restricts the expenditure of these revenues to transit capital projects, or services to maintain or repair a public transit agency’s existing vehicle fleet or facilities, including the following: (1) rehabilitation or modernization of existing vehicles or facilities; (2) design, acquisition and construction of new vehicles or facilities that improve existing public transit services or that enable the implementation of future planned services; or (3) services that complement local efforts for repair and improvement of local transportation infrastructure. 9/3/15 Senate Appropriations Committee Support SBX1-8 (Hill) Cap-and-Trade: Public Transit Funding Increases the amount of cap-and-trade auction proceeds continuously appropriated from the Greenhouse Gas Reduction Fund to the Low Carbon Transit Operations Program from 5 percent to 10 percent, and to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent. As Introduced Senate Appropriations Committee Support SBX1-9 (Moorlach) Caltrans: Architectural and Engineering Services Prohibits Caltrans from using any non-recurring funds, including loan repayments, bond funds or grant funds, to pay the salaries or benefits of any permanent civil service position within the department. Beginning on July 1, 2016, requires Caltrans to contract with qualified private entities for a minimum of 15 percent of the total annual value of architectural and engineering services with respect to public works projects undertaken by the department. Increases this percentage each year to a minimum of 50 percent by July 1, 2023. As Introduced Senate Transportation & Infrastructure Development Committee SBX1-10 (Bates) State Transportation Improvement Program Revises the process for programming and allocating the 75-percent share of federal and state funds available for regional transportation improvement programs (RTIPs). Requires the California Transportation Commission (CTC) to compute the annual county share amounts for each county for programming and allocation under the RTIPs. Requires these funds, along with an appropriate amount of capital outlay support dollars, to be appropriated annually through the Budget Act. Upon the enactment of the Budget Act, requires Caltrans to apportion the RTIP county shares for each county as block grants to the applicable regional transportation planning agency (RTPA). Requires the RTPAs to identify the transportation capital improvement projects to be funded with these dollars in their RTIPs. Requires the CTC to incorporate the RTIPs into the State Transportation Improvement Program (STIP). Eliminates the role of the CTC in programming and allocating funding for RTIP projects, but retains certain oversight roles of the commission with respect to the expenditure of these dollars. Repeals provisions in current law governing the computation of county shares over multiple fiscal years. As Introduced Senate Transportation & Infrastructure Development Committee 2015-2016 Legislative Update Matrix Page 53 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SBX1-11 (Berryhill) CEQA: Exemption for Certain Transportation Projects Exempts from the California Environmental Quality Act (CEQA) a project that consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of existing transportation infrastructure, including highways, roadways, bridges, tunnels, public transit systems, and paths and sidewalks serving either bicycles or pedestrians, if the project meets all of the following conditions: (1) the project is located within an existing right-of-way; (2) any area surrounding the right-of-way that is altered as a result of construction activities that are necessary for the completion of the project will be restored to its condition before the project; and (3) the project applicant agrees to comply with all conditions otherwise authorized by law or imposed by a city or county as part of any local agency permit process that are required to mitigate potential impacts of the project. Prohibits a court in a judicial action or proceeding under CEQA from staying or enjoining a transportation infrastructure project that is included in a regional sustainable communities strategy (SCS) or alternative planning strategy unless the court finds either of the following: (1) the project presents an imminent threat to the public health and safety; or (2) the project site contains unforeseen important Native American artifacts, or unforeseen important historical, archaeological or ecological values that would be materially, permanently and adversely affected by the project unless the court stays or enjoins the project. 9/4/15 Senate Transportation & Infrastructure Development Committee SBX1-12 (Runner) California Transportation Commission Excludes the California Transportation Commission (CTC) from the California State Transportation Agency (CalSTA) and, instead, establishes the commission as a separate entity in state government to act in an independent oversight role. Requires Caltrans to submit its proposed program of projects for the State Highway Operation and Protection Program (SHOPP) to the CTC for review by January 31 of each even-numbered year. Requires Caltrans to program capital outlay support resources for each project included in the SHOPP. Requires Caltrans to provide the CTC with detailed information for all programmed SHOPP projects, including cost, scope and schedule. Specifies that the CTC is not required to approve the SHOPP in its entirety, as submitted by Caltrans, and may approve or reject individual SHOPP projects programmed by the department. Requires Caltrans to submit to the CTC for approval any changes in a programmed SHOPP project’s cost, scope or schedule. 8/20/15 Senate Appropriations Committee 2015-2016 Legislative Update Matrix Page 54 of 55 9.a State Senate Bills Subject Last Amended Status VTA Position SBX1-13 (Vidak) Office of the Transportation Inspector General Creates the Office of the Transportation Inspector as an independent state government entity to ensure that Caltrans; the California High-Speed Rail Authority; and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with applicable federal and state laws. Requires the Governor to appoint a transportation inspector general, subject to confirmation by the Senate, to a six-year term. Provides that the transportation inspector general cannot be removed from office during that term, except for good cause. Requires the transportation inspector general to review policies, practices and procedures, and to conduct audits and investigations of activities involving state transportation funds in consultation with all affected state agencies. Specifically, requires the transportation inspector general to do all of the following: (1) examine the operating practices of Caltrans, the High-Speed Rail Authority and all other state agencies expending state transportation funds to identify fraud and waste, opportunities for efficiencies, and opportunities to improve the data used to determine appropriate project resource allocations; (2) identify best practices in the delivery of transportation projects, and develop policies or recommend proposed legislation enabling state agencies to adopt these practices when practicable; (3) provide objective analysis of, and when possible, offer solutions to, concerns raised by the public or generated within agencies involving the state’s transportation infrastructure and project delivery methods; (4) conduct, supervise and coordinate audits and investigations relating to the programs and operations of all state transportation agencies with state-funded transportation projects; and (5) recommend policies promoting economy and efficiency in the administration of programs and operations of all state transportation agencies with state-funded transportation projects. Prohibits the Office of the Transportation Inspector General from conducting any audit or investigation that would be redundant to or concurrent with any audit or investigation of the same matter. 9/3/15 Senate Appropriations Committee SBX1-14 (Cannella) Public-Private Partnerships Extends existing statutory authority for Caltrans and regional transportation agencies, including the Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for transportation infrastructure projects indefinitely. As Introduced Senate Transportation & Infrastructure Development Committee SCAX1-1 (Huff) Motor Vehicle Fees and Taxes: Restrictions on Expenditures Calls for placing before the voters an amendment to the California Constitution to prohibit the Legislature from borrowing revenues derived from fees and taxes imposed by the state on motor vehicles or their use or operations, and from using these revenues other than for state highways, local streets and roads, and fixed guideway mass transit as specified in Article 19 of the Constitution. Also prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, or for other indebtedness. Requires the revenues derived from that portion of the vehicle license fee that exceeds 0.65 percent of the market value of a vehicle to be used for street and highway purposes. Prohibits the Legislature from borrowing these revenues and from using them other than as specifically permitted. Also prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, or for other indebtedness. As Introduced Senate Appropriations Committee 2015-2016 Legislative Update Matrix Support Page 55 of 55 10 Date: Current Meeting: Board Meeting: August 30, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: 2016 Transportation Systems Monitoring Program Report FOR INFORMATION ONLY BACKGROUND: The Transportation Systems Monitoring Program (TSMP) was initiated by the VTA Technical Advisory Committee and approved by the Board of Directors in September 2008 to monitor the conditions and performance of selected transportation system assets in Santa Clara County. The TSMP and annual reports were developed in response to concerns raised by local jurisdictions on the ability and resources needed to maintain the County’s transportation infrastructure to acceptable standards. This program also follows the goals of Moving Ahead for Progress in the 21st Century (MAP21), the federal reauthorization transportation funding program that emphasizes performancebased management of transportation infrastructure assets at the state and local levels. The primary purpose of this report is to serve as an asset management tool by providing information on the inventory and general health of selected key transportation systems in a single, public friendly report that leverages existing data already available. Where data was unavailable, a survey was used to fill in the gaps of the information being sought such as conditions of the roadside assets (e.g. traffic signal controllers, roadway striping and streetlight poles). The TMSP report also has secondary beneficial uses such as the following: Enable the residents and external stakeholders to better understand the performance of the County’s transportation systems and effectiveness of transportation investments; Communicate progress towards stated transportation systems goals and objectives to VTA’s committees and Santa Clara County’s communities; Provide additional context for future funding and policy decisions on future transportation system performance. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 10 The Draft 2016 TSMP Report is the sixth annual edition since this monitoring program was initiated. Each new report released has highlighted different aspects of Santa Clara County’s transportation network building upon previous editions. Below are examples from past reports: 2010 TSMP Report (1st Edition) - Introduced 13 components to monitor using 18 performance measures. 2011 TSMP Report (2nd Edition) - Focused on the monitoring of litter and landscape conditions on the freeways. 2013 TSMP Report (3rd Edition) - Added a new section on inventory of traffic signal controllers, performance of express lanes, and comparisons of transportation systems with peer counties in the Bay Area. 2014 (4th Edition) - Featured a new “dashboard” format that displayed performance measures and conditions, and a table that highlighted trends for key transportation assets. 2015 (5th Edition) - Expanded more detailed information on freeway litter, landscape and graffiti maintenance and conditions of roadside assets. The 2016 TSMP Report (6th Edition) includes two new data sets: an inventory of ramp meters, and a survey of use and application of green bike lanes by local agencies. In addition, the TSMP web page will be updated to include highlights from the report in a dash-board format with an interaction section for Santa Clara County community residents to submit comments and input at <http://www.vta.org/tsmp>. The updated TSMP website is anticipated to be active by October 2016. Attachment B shows a draft layout of the web page. DISCUSSION: Attachment A of this memo is a copy of the 2016 TSMP final draft report that includes a summary table of the tracked key performance indicators and a presentation. Below are highlights from this year’s report: Pavement Conditions There are approximately 10,000 lane miles of roadway pavement in Santa Clara County maintained by local jurisdictions. The average Pavement Condition Index (PCI) for Santa Clara County is 68, which is considered to be “Fair Condition” compared with the Bay Area PCI goal of 75. This is the same score from the previous year, reflecting stable pavement conditions that was on a downward trend from a PCI score of 70 in 2011. Roadways that are not maintained to a PCI score of 70 or higher cost more to repair in the future if rehabilitation maintenance is deferred over time. Local Bridge/Overcrossing Conditions The average Sufficiency Rating (SR) for the 489 bridges/overcrossings in Santa Clara County is 81.0 (based on a scale of 0 to 100), which is considered to be in “Good Condition.” This is the same score as the previous year. SR 81.0 is an upward trend from 78.3 in 2012. Local bridges are defined by the Federal Highway Administration (FHWA) as bridge structures that are at least 20 feet in length and designed specifically for automobile traffic loads (not including bicycle/ pedestrian and railroad/light rail overcrossings). For most bridges and overcrossings in Santa Page 2 of 4 10 Clara County, the bridge sufficiency inspections are conducted by Caltrans staff, who later input the data into FHWA’s National Bridge Inventory (NBI) database. Freeway Roadside Litter, Landscape and Graffiti Conditions Caltrans maintains approximately 310 roadside miles (miles of freeway shoulders) including 128 interchanges in Santa Clara County. To assess the litter, landscape and graffiti conditions along the freeways, two sources of data collection were used. First was a drive-by visual assessment conducted by VTA staff using video monitoring, and second was a spot-check field assessment made by Caltrans staff. Both assessments were made using a single day, observation approach. The locations with the most amounts of litter observed at the time of monitoring were at US 101/ Story Road, US 101/Trimble Road and SR 87/Capital Expressway interchanges. The locations with the most noticeable untrimmed landscaping were observed near I-680/Montague Expressway and US 101/Trimble Road to US 101/Story Road. The locations with the most noticeable incidents of graffiti were observed along US 101 between Oakland Road to Story Road. In general, the overall conditions for all of the freeway corridors in Santa Clara County were moderately littered, had moderately neglected landscaping, and had a slight amount of graffiti (compared with previous years). Photos of the observed conditions for each of the freeway corridors and interchanges are included in the main report. Based on Caltrans FY 2015 Maintenance Level of Service (LOS) Report for Santa Clara County, the Roadside LOS score that includes a combined assessment of vegetation, fences, tree/brush encroachment, litter/debris, graffiti and ramp conditions, dropped from “good condition” (71 points) in FY 2012 to “poor condition” (48 points) in FY 2015 (based on a scale of 0 to 100 points). The trend for this measure has varied over the past several reporting periods. It should be noted that the annual LOS evaluations are subjective based on a few random single-day samples and are not necessarily representative of freeway conditions for the whole reporting cycle year. Local Agency Roadside Assets Conditions (e.g. Traffic Controllers, Pavement Markings, Signage, Curb and Gutter) In order to gain a perspective on the conditions of roadside assets maintained by local jurisdictions and their ability to maintain the assets, a self-assessment survey was used to obtain this information. Based on responses from Santa Clara County’s local jurisdictions to the TSMP Roadside Asset Self-Assessment Survey, an average of 76% of local assets are in “good condition” and the ability to maintain these assets is “medium” (on a scale from low to high). Maintaining traffic signs were identified by the local cities as difficult to upkeep, due to the large inventory of signs. 68 percent of the approximate 182,000 signs in Santa Clara County were assessed to be in “good condition.” Roadway Safety (Auto Accident Collisions) The monitoring of auto accident collisions on Santa Clara County’s roadways is a new measure that was recently added to this report. The monitoring of these collisions, specifically those involving pedestrians and bicyclists, can serve as a measure for evaluating the effectiveness of the county’s Complete Streets programs and Vision Zero initiatives in reducing vehicle collision Page 3 of 4 10 related fatalities. The collision records are processed, maintained and made available to the public on California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). These records are released on annual basis but is typically two years behind the current year. Provisional data for 2014 that was made available for this report shows that there were 14,222 total collisions in Santa Clara County. Of these collisions, 6,721 collisions involve injuries, 7,397 involved property damages, and 104 collisions involved fatalities. Historical data shows that while there is a downward trend in total collisions from 15,100 to 14,222 collisions between 2010 and 2014, there was an increase in the number of fatalities from 81 to 104. The three major categories of fatal collision involved other autos (32%), pedestrians (29%), and objects (28%). Bikeways With the expanding network of bicycle facilities that has become of equal importance with motor vehicle facilities in Santa Clara County, the monitoring of bikeways was recently included in the TSMP. At this time, the TSMP report only monitors the progress of bicycle facilities built compared with the countywide plan. Future reports may eventually include the monitoring of the conditions and performance of the bikeways. To date, approximately 234 miles of on-street bicycle projects, 110 miles of off-street (trail) projects and 25 across-barrier connections (bridges) have been completed based on VTA’s 2008 Countywide Bicycle Plan. Additional Information Additional information on other areas such as congestion, inventory of transit assets and air quality are included in the main report. Prepared By: Eugene Maeda Memo No. 5602 Page 4 of 4 10.a ROADSIDE ASSETS CONGESTION PAVEMENT | BIKEWAYS TRANSIT 2016 TRANSPORTATION SYSTEMS MONITORING REPORT (DRAFT) September 2016 BRIDGES | CURB & GUTTER LITTER | LANDSCAPE | GRAFFITI SAFETY 10.a 10.a Table of Contents & Introduction Table of Contents Introduction .............................................. 1 2016 Highlights.........................................2 Pavement ...................................................6 Bridges..................................................... 11 (MAP-21), the federal reauthorization transportation funding program that emphasizes performance-based management of transportation infrastructure assets at the state and local levels. Figure 1. Typical Transportation Project Life Cycle. Freeway Litter, Landscape and Graffiti Maintenance ........................................... 14 Monitoring Roadside Assets ..................................... 34 Roadway Safety ...................................... 38 Air Quality ............................................... 41 Mode Share ............................................ 42 Bikeways ................................................. 43 Notes on Report ..................................... 46 Acknowledgements ................................ 50 Why Monitor? The residents of Santa Clara County have made significant investments in its transportation infrastructures. A concern raised by local agencies is their ability to maintain Santa Clara County’s transportation systems to acceptable levels. To address this concern, VTA’s Technical Advisory Committee initiated an effort to develop a countywide transportation system monitoring program (TSMP), which was adopted by the VTA Board of Directors in September 2008. The primary purpose of this report is to serve as an asset management tool by providing an inventory and general assessment on the conditions and performance of selected key transportation systems in a single report on an annual basis. Other benefits include: Enable the county and external stakeholders to better understand the performance of the county’s transportation system and the effectiveness of transportation investments; Communicate progress towards stated transportation system goals and objectives; Provide additional context for future funding and policy decisions. In addition, the TSMP follows the goals of Moving Ahead for Progress in the 21st Century Introduction The 2016 TSMP Report is the sixth edition of this report since the Transportation Systems Monitoring Program (TSMP) was first released in 2010. Each new report released highlights different areas of Santa Clara County’s transportation network as new information is added: 2010 (1st ed.) introduced 13 areas to monitor and 18 performance measures 2011 (2nd ed.) introduced monitoring of litter and landscape conditions on the highways 2013 (3rd ed.) featured inventory of traffic signal systems, introduced monitoring of express lanes and included comparisons of transportation systems with peer counties in the Bay Area 2014 (4th ed.) featured a new report format, key performance measures table, expanded: pavement, bridge, and litter and landscape monitoring sections, new safety section and revised air quality section. 2015 (5th ed.) featured expanded litter and landscape 2016 (6th ed.) ramp metering inventory and green bike lanes materials and applications 2016 TSMP Monitoring Report | 1 10.a Summary ABOUT THE DATA One of the goals established when developing the TSMP concept was to take advantage of available data from existing resources that could be consistently be tracked over time to identify trends into a single, comprehensive report. Where data was unavailable, a survey was used to fill in gaps of the information being sought such as the conditions of the county’s roadside assets (e.g. traffic signal controllers, roadway signage and streetlight poles). The performance measures and sources used for this report are summarized in the Notes Section. 2016 Highlights TABLE 1 - SELECT KEY PERFORMANCE INDICATORS Indicators Previous Period Current Period Goal Pavement Local Pavement Conditions (Avg. PCI scale of 0-100 points) 68 68 (2014) (2015) 75 (Avg. SR scale of 0-100 points) (% moderately littered or worse) Littered Freeway Monitored Interchanges (% moderately littered or worse) Roadway Maintenance LOS (0-100 points) Litter/Debris Maintenance LOS (0-100 points) Yes No 70 69 68 67 90 81.2 81.0 (2014) (2015) 80 80 70 Litter Maintenance Littered Freeway Shoulder Miles Trend (Yearly) Bridges Local Bridge Conditions Goal Met 80% 48% 61% (2015) (2016) - - 60% 40% 80% 67% 67% (2015) (2016) - - 60% 40% 90 81 67 (2013) (2015) 87 70 50 90 52 61 (2013) (2015) 80 70 50 2016 TSMP Monitoring Report | 2 10.a Summary Roadside Assets Previous Period Current Period Goal Goal Met 90% Traffic Signals (% in good condition) 82 84 (2015) (2016) - - 70% 50% 90% Pavement Markings (% in good condition) 73 71 (2015) (2016) - - 70% 50% 90% Traffic Signs (% in good condition) 67 68 (2015) (2016) - - 70% 50% 90% Light Poles (% in good condition) 74 79 (2015) (2016) - - 70% 50% 90% Curb & Gutter (% in good condition) 78 79 (2015) (2016) - - 70% 50% Congestion 60% CMP Intersections 46% 47% (% at LOS C or above) (2012) (2014) CMP Freeway – General Purpose Segments - - 40% 50% 42% 41% (2014) (2015) - - (% at LOS C or above) CMP Freeway – Carpool Segments (% at LOS C or above) 50% 40% 30% 75% 62% 59% (2014) (2015) - - 65% 55% 2016 TSMP Monitoring Report | 3 Trend (Yearly) 10.a Summary (in hours) Number of Tolled Vehicles (in thousands) Transit Light Rail Annual Ridership (in Millions) 360 181 (2015) (2016) 525.2 475.5 (2015) (2016) Previous Period Current Period 10.95 11.32 (2014) (2015) 32.48 32.62 (in Millions) (2014) (2015) - - Goal 11.60 34.00 - - (0-500; see Notes on Report section) Air Quality Index Annual Unhealthy Days (Days per year where AQI>100) 475 K Goal Met Trend (Yearly) 11.5 M 10.5 M 9.5 M 36 M 33 M 84.5% 77.4% (2014) (2015) 95% 85% 85.9% 85.6% (2014) (2015) 92.5% 90% 80% 100.0% 99.67% 99.67% (2014) (2015) 99.55% 99.5% 99.0% 50 39 40 (2014) (2015) - - 40 30 20 5 7 (2014) (2015) - - 10 0 2016 TSMP Monitoring Report | 4 6 PM 5 PM 4 PM 3 PM 550 K Air Quality Air Quality Index Annual Median 9 AM 100 625 K 75% 100% System Annual % Scheduled Service Operated 8 AM 250 30 M 95% Bus Annual On-time Performance 7 AM 30 400 Bus Annual Ridership Light Rail Annual Ontime Performance EB 50 6 AM >45 Thousands HOV Only Mode Operation (2015) 42 (2016) Millions (minimum mph) 44 Millions Speed Monitoring WB 70 5 AM Express Lanes (SR 237/I-880 Connector) 10.a Summary Population 1.89 1.92 (millions) (2014) (2015) Registered Drivers 1.30 1.35 (millions) (2014) (2015) Registered Vehicles 1.51 1.65 (millions) (2013) (2015) Goal - - - Goal Met - - - Trend (Yearly) Millions Current Period Millions Previous Period Millions County Census Information 2M 1.5 M 1.5 M 1M 2M 1.5 M 1M TABLE 2 - INVENTORY OF ASSETS Assets Quantity Year Data Collected Bikeways – Across Boundary Connections Bikeways – Miles of On-Street Facilities Bikeways – Miles of Off-Street Facilities Bridges (Local) Transit – Bus and Light Rail Bus – Fleet Age (avg.) Bus – Fleet Size Bus – Route Mileage Bus – Routes Bus – Stops 25 connections 234 mi 110 mi 489 NBI Bridges 2016 2016 2016 2016 *Updated *Updated *Updated *Updated 10.6 Yrs. 493 1,236 mi 75 3,844 99 2016 2016 2016 2016 2016 *Updated *Updated *Updated *Updated *Updated 79.6 mi 42.2 mi 61 265 Operational 14 Non-operational 9,953 Lane Miles 1,181 Local Controllers 160 State Controllers 2016 *Updated 2016 *Updated 2016 *Updated Light Rail – Fleet Size Light Rail – Miles of Track Light Rail – Route Mileage Light Rail – Stations Freeway – Ramp Meters Pavement (Local) Traffic Signal Controllers 2016 *Updated 2016 *Updated 2016 *Updated 2013 NOTES: Table 1 - Not all Performance Indicators have established goals. In those instances, a dashed line is used to indicate that goals have not been set yet. 2016 TSMP Monitoring Report | 5 10.a Pavement Pavement Overview INVENTORY Inventory: 9,953 lane miles There are approximately 9,953 lane miles of pavement in Santa Clara County maintained by local agencies. The term “lane miles” is a measure of road length which represents the number of miles of every driving lane. For example, 5 miles of a 2-lane road (2 lanes in each direction) is equal to 20 lane miles (5 miles x 2 directions x 2 lanes = 20 miles). This measure is used to better reflect the total amount of pavement that needs to be maintained. Changes in inventory from year to year can be caused by addition or reductions of new or old roads, such as widening of existing roadways, extension of lanes or removal of existing lanes (road diet projects) or by inconsistencies of yearly reporting and inspecting. CONDITION Pavement Condition Index (PCI) The 3-year rolling average PCI score for Santa Clara County’s roadways is 68 (Fair), compared with the Bay Area’s regional goal of 75 (Good). PCI is a numerical index between 0 and 100 which is used to indicate the general condition of pavement. Zero is considered to be the worst or failed condition and 100 represents a roadway that is in excellent or best condition (new). Condition: 68 PCI [Fair] (3-yr average) Needs: $2,314M (to eliminate back-log and attain PCI of 75 in 10 years), Sources: MTC Vital Signs 2015 PCI Scores, 2014 California Statewide Local Streets and Roads Needs Assessment Report arterial, collector and residential) over a 3-year time period. This measurement accounts for incremental changes or wearing down of the roadways over time. Figure 2. Current Overall PCI Excellent Very Good Good At risk Poor Failed Figure 3. Overall PCI by Road Type & % of 2012 Network 73 69 Arterial Collector Fair 64 Residential Percent of Network (by Lane Miles)* 30% 14% 67% *From 2015 Data The PCI score presented here represents a weighted average based on a percentage of the roadway network by roadway category (e.g. 2016 TSMP Monitoring Report | 6 0% 20% 40% 60% 80% 100% 10.a Pavement PCI Description PCI is based on the number and severity of pavement distresses observed during a visual inspection of a roadway. Visual examples of the PCI index scale are shown below. Pavement Surface PCI 100 Figure 4 Example Pavement Surface & PCI Condition and Pavement Evaluation PCI is based on visual inspection of the top surface of pavement. Distresses originating below the pavement are not typically noticed until it “makes its way up” causing cracks or depressions on the surface. These distressed conditions can originate from deteriorating underlying pavement, base, sub-base, and subgrade layers. In addition to PCI, there are also numerous methods of determining pavement condition. However, many of these methods are too detailed and cost prohibitive for frequent reporting purposes. 60 Layer Asphalt 5 Base Figure 5. Typical Pavement Section Sub-Base Table 3. PCI & Condition Description At risk (59 – 50) Poor (49 – 25) Failed (24 – 0) Natural Subgrade Newly constructed or resurfaced and have few if any signs of distress. Show only low levels of distress, such as minor cracks or surface damage as a result of water permeation. The low end of this range exhibit significant levels of distress and may require a combination of rehabilitation and other preventive maintenance to keep them from deteriorating rapidly. Pavements are deteriorated and require immediate attention and possibly rehabilitative work. Ride quality is significantly inferior to better pavement categories. Pavements have extensive amounts of distress and require major rehabilitation or reconstruction. Pavements in this category affect the speed and flow of traffic significantly. Pavements need reconstruction and are extremely rough and difficult to drive on. PCI Trend Based on historical PCI scores, this year’s score of 68 shows that there is a leveling trend in average PCI for the county. PCI scores for the Bay Area are based on a 3-year moving average which means that the current PCI of the county may be worse or slightly better than the PCI of 68. Figure 70 6. PCI Trend (3-yr AVG) 69 68 67 68.5 68.0 68.0 Fair (69 – 60) Description Newly constructed or resurfaced and have few if any signs of distress. 67.2 67.3 67.8 68.4 69.1 69.6 69.3 Excellent (100 – 90) Very Good (89 – 80) Good (79 – 70) Compacted Subgrade 66 2016 TSMP Monitoring Report | 7 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Condition (PCI) Excellent Very Good Good At risk Poor Failed Fair 10.a Pavement Figure 11. Life Cycle Pavement tends to deteriorate at an increasing rate over time. The current PCI is at the high end of the “Fair” range and is approaching the “AtRisk” category where a PCI of 60 warns of potential rapid deterioration. General Deterioration Curve 60 40 20 0 Figure 12. Age (Years) Bay Area Counties 2015 3-yr AVG PCI 100 80 60 40 20 0 Good Good Current Condition Distribution 2015 Fair 2014 At risk 0% 20% 2013 40% Poor/Failed 0% 2013 60% 80% 100% 50% Current & Historical Distribution Data Excellent Very Good Good At risk Poor Failed 2015 Good 25.68% 27.46% 27.96% Fair 17.84% 18.61% 18.90% At risk 11.86% 11.99% 12.67% Poor/Failed 15.90% 16.22% 16.97% No Data 0.13% 0.22% 0.10% Based on the 2014 California Statewide Local Streets and Roads Needs Assessment, a biannual report, Santa Clara County’s needs is $2.3B in order to eliminate accumulated 2012 pavement maintenance back-log and achieve a PCI in the low 80’s (Good) within about 10 years. This cost is estimated based on number of lane miles within a PCI range and cost of rehabilitation. 0% and 20% 60% 80% 100% Treatments Cost 40% PCI helps to indicate the severity of roadway deterioration and maintenance and rehabilitation treatments needed to improve pavement conditions. Estimated treatment costs are also provided in the California Local Streets & Roads Needs Assessment 2014 Update report. % in Good Condition If the condition categories are combined into “Good,” “Fair/At-Risk,” and “Poor,” a generalized “% in Good condition” can be developed. The result is 51% of pavement is in “Good” condition. Figure 10. Current Combined Distribution 51.37% 0% 20% 40% 31.66% 60% Fair 100% NEEDS 2014 Excellent/ 28.59% 25.50% 23.42% Very Good Figure 9. 66 68 69 64 59 67 70 68 65 55 "Bay Area" Alameda Contra Costa Marin Napa San Francisco San Mateo Santa Clara Solano Sonoma Condition Type Distribution Because different conditions of pavement require different levels of maintenance, it can be useful for decision making purposes to look at the full spectrum of pavement condition Excellent/ Very categories. Figure 8. 100% Peer County Comparison The PCI goal established for the Bay Area’s local roadways is 75. Santa Clara County has a PCI score of 68, which is slightly better than the Bay Area’s PCI average of 66 (Fair Condition). Current PCI 80 PCI Current Life Cycle 50% 2013 2014 2015 Good 54.27% 52.96% 51.37% Fair/At-Risk 29.71% 30.60% 31.66% Poor 16.03% 16.44% 16.97% Current & Historical Combined Distribution Data 100 Figure 7. 0% 16.97% 80% 100% 2016 TSMP Monitoring Report | 8 10.a Pavement Table 4. PCI and Treatment. Condition (PCI) Excellent/ Very Good (100 – 80) Good (79 – 70) Fair (69 – 60) At risk (59 – 50) Poor (49 – 25) Failed (24 – 0) Common Treatment Costs ($/sq. yard) Preventative Maintenance < $4.75 Industry News New “Vital Signs” website by MTC provides interactive and extensive historical local pavement data. An interactive map is provided and individual jurisdictions and street conditions can be viewed. $4.75 Preventative Maintenance Figure 14. Vital Signs PCI Area Map (Base) Mix of Preventative Maintenance & Thin Overlay $18.50 (3.9 x Base) $29.00 Thick Overlay (6.1 x Base) Mix of Thick Overlay & Reconstruction $46.75 (9.8 x Base) $64.50 Reconstruction (13.6 x Base) California Crude Oil Price Index Asphalt is a petroleum based product that is mixed with cement, aggregate or crushed rock and sand that is used for constructing the top layer of roadways. The cost of paving asphalt can vary from year to year. One key indicator is the price of crude oil; if crude oil prices increase, so does price of paving asphalt. As of March 2015, Caltrans has stopped creating their own asphalt price index in favor of using the California crude oil price index. This information helps estimate construction costs for projects. Figure 15. Vital Signs PCI Street Map The graph below shows the California crude oil price index along with the previous Caltrans paving asphalt price index. The graph helps illustrate the fluctuations in cost of over the last 15 years. Figure 13. Caltrans Asphalt Price Index and Figure 16. Vital Signs PCI Change Over Time California State Wide Crude Oil Price Index 800 Asphalt Crude Oil 600 400 200 2017 2015 2013 2011 2009 2007 2005 2003 2001 0 2016 TSMP Monitoring Report | 9 10.a Pavement Recent pavement publications include: NCHRP Synthesis 492: Performance Specifications for Asphalt Mixtures NCHRP Synthesis 477: Methods and Practices on Reduction and Elimination of Asphalt Mix Segregation 6/20/2016 Provides examples of engineering tools used in the development and implementation of performance specifications for asphalt mixtures NCHRP) Report 818: Comparing the Volumetric and Mechanical Properties of Laboratory and Field Specimens of Asphalt Concrete 6/8/2015 Provides guidance on how to reduce or eliminate segregation during aggregate production, mix design, asphalt mix production, mix transport and transfer, and placement NCHRP Report 807: Properties of Foamed Asphalt for Warm Mix Asphalt 4/15/2016 Provides proposed practices for evaluating the causes and magnitude of variability of specimen types tested in quality control and assurance programs for asphalt paving projects. NCHRP Report 815: ShortTerm Laboratory Conditioning of Asphalt Mixtures 11/10/2015 Develops procedures and associated criteria for laboratory conditioning of asphalt mixtures to simulate short-term aging NCHRP Report 810: Consideration of Preservation in Pavement Design and Analysis Procedures 7/20/2015 Explores the effects of preservation on pavement performance and service life on pavement design and analysis procedures. 2016 TSMP Monitoring Report | 10 5/9/2015 Presents methods for measuring the performancerelated properties of foamed asphalts and designing foamed asphalt mixes with satisfactory aggregate coating and workability. NCHRP Report 805: Improved Test Methods for Specific Gravity and Absorption of Coarse and Fine Aggregate 5/9/2015 Develops test methods for determining the specific gravity and absorption of coarse and fine aggregates. 10.a Bridges/Overcrossings Bridges/Overcrossings Overview INVENTORY Inventory: 489 local NBI bridges There are 489 local bridges (bridges, overcrossings, or culverts) reported for Santa Clara County based on the National Bridge Inventory (NBI), a database compiled by the Federal Highway Administration (FHWA). “Local” bridges are bridges that are maintained by local agencies (not Caltrans). FHWA defines NBI bridges as structures that carry or directly support automobile traffic which span 20ft or longer in length; this can also include creek culvert structures. Caltrans manages NBI for all Santa Clara County agencies and also publishes a list of local bridges every year. Condition: 81.0 SR [Good] Needs: $204M (to maintain SR for 10 years) Source: 2014 Caltrans Local Bridge List, 2014 California Statewide Local Streets and Roads Needs Assessment Some new and existing culverts were added to the local bridge list. It is possible that past inaccurate “Length” code of less than 20 feet caused these structures not to be classified as NBI bridges. There was also creek widening project for Silver Creek at Jackson Ave in San Jose, which necessitated a new bridge. One duplicate record was also removed. Changes to the local NBI bridge inventory are shown in Table 5. In order to be eligible for federal funding for bridge improvements, the bridge must meet the NBI definition of a bridge. There are many local bridges that do not qualify under the NBI definition but require regular maintenance and monitoring by local agencies without federal aid. Table 5. Changes to Local Agency NBI Bridge List by Caltrans for Santa Clara County. Status Added Added Comment Exist Culvert Exist Culvert Agency Milpitas Milpitas Bridge No. 37C0433 37C0434 Added Exist Culvert Milpitas Feature Intersected JWO HERMINA STREET SE OF ELMWOOD CORCTNL AT RUSSELL LANE SR 67.9 75.7 Year Built 1978 1994 37C0435 Facility Carried NORTH ABBOTT AVE GREAT MALL PARKWAY ESCUELA 95.7 1984 JWO S ABEL STREET 92.4 2006 JWO S ABEL STREET 75.9 2006 W. LITTLE LLAGAS CREEK W. LITTLE LLAGAS 72.4 2013 97.4 2013 CREEK CREEK SILVER 86.4 1970 Added Exist Culvert Milpitas 37C0436 PARKWAY ALVAREZ COURT Added Exist Culvert Milpitas 37C0437 Added New Culvert Morgan Hill 37C0438 MACHADO AVENUE MONTEREY ROAD Added New Culvert Morgan Hill 37C0439 Removed Replaced San Jose 37C0239 WATSONVILLE ROAD JACKSON AVE Added Replacement San Jose 37C0797 JACKSON AVE SILVER CREEK 86.4 2014 Removed 49er Stadium Santa Clara 37C0323 KIFER RD CALABAZAS CREEK 95.7 2003 2016 TSMP Monitoring Report | 11 10.a Bridges/Overcrossings NBI, which contains the national bridge database. CONDITION Current Sufficiency Rating 0% 100% Santa Clara County has a current average 2012 Sufficiency Rating (SR) of 81.0 (Good). Poor No Data Sufficiency Rating (SR) Description Similar to the pavement condition index, SR ranges from 0 to 100 (poor to best condition). Figure 18 below depicts how SR reflects four weighted categories, one of which is “structural adequacy and safety” which represents only 55% of the overall SR score. Therefore SR, should not be solely relied upon as a measure of structural condition. Figure 18. Details of Sufficiency Rating B Serviceability and Functional Obsolescence (30% Max) • Defense Highway • Lance on the Structure • Average Daily Traffic • Approach Roadway Width • Structure Type • Bridge Roadway Width • Vertical Clearance Over Deck • Deck Condition • Structural Condition • Deck Geometry • Underclearances • Waterway Adequacy • Approach Roadway Alignment 55% A B C 15% 30% D 13% C A Structural Adequacy and Safety (55% Max) • Superstructure • Substructure • Culvert • Inventory Rating D Essentiality for Public Use (15% Max) • Defense Highway • Detour Length • Average Daily Traffic Special Reductions (13% Max) • Detour Length • Traffic Safety Features • Main Structure Type SR is a federal standard of bridge condition assessment set forth by the National Bridge Inspection Standards (NBIS) and was developed mainly as a tool for evaluating eligibility for federal funding. Figure 19. Current SR Distribution Figure 20. Current SR Distribution Data Historical SR The overall average SR has been improving with the most notable improvement in 2014 (SR81.2). This slight jump is likely due to improved bridge conditions and the adding of new local bridges that are in good condition. 0% 100% 2012 81.2 81.0 Good 58.09% 79.7 79 80Fair 78.4 26.56% 78.3 78.6 12.66% 78Poor No Data 2.70% 82 Figure 21. SR Trend 76 Good Fair Poor 2015 Fair 2014 Good 2013 2.70% 2012 Poor No Data Average Overall SR 2011 Figure 17. 2010 Fair 58.09% 26.56% 12.66% 2009 Good % in Good Condition Since there are two federal funding categories for bridges (rehabilitation for 80≥SR>50 and replacement for SR≤50), a “good,” “fair” and “poor” metric can be developed by using SR. Using this measure 62% of bridges are in Santa Clara County are in “Good” condition. No Data It is also worth noting that in 2014, Caltrans updated its reporting method to: distinguish NBI versus non-NBI bridges, eliminate duplicate bridges, and by adding bridges that were previously recorded as a single bridge are now recorded as two separate bridge structures. These changes had an overall improvement to the average SR. Inspections are typically performed every 2 years. The SR for each bridge is updated in the 2016 TSMP Monitoring Report | 12 10.a Bridges/Overcrossings Other Condition Ratings “Structurally Deficient” (SD) is a term that is related to the SR rating and implies that one of the categories in “Structural Adequacy and Safety” is rated below average and indicates that the bridge structure needs maintenance or repairs. “Functionally Obsolete” (FO) is another term related to SR that indicates how the bridge functionality compares to current design standards for attributes such as traffic load, vertical clearances, alignment, and lane widths. In many cases, the only way to fix a FO rated bridge is to replace the entire bridge. Bridge Health Index (BHI) is a number from 0 to 100 used to reflect the structural condition of an individual bridge. BHI is based on a detailed structural inspection and analysis of all bridge structural elements and combines level of severity and extent of any defects found. Caltrans developed BHI in order to better determine the structural condition of a single bridge or a network of bridges. Caltrans has recently begun publishing BHI for local bridges and it is anticipated that this method will attract more attention as more data becomes available. NEEDS Based upon the 2014 California Statewide Local Streets and Roads Needs Assessment, a biannual report, Santa Clara County needs $204M in order to maintain current bridge conditions for the next 10 years. This cost is based upon estimated maintenance and construction costs and somewhat generalized condition reports which describe the condition of different substructures of each bridge. 2016 TSMP Monitoring Report | 13 10.a Freeway Litter, Landscape, Graffiti Maintenance Freeway Litter, Landscape and Graffiti Maintenance BACKGROUND VTA Technical Advisory Committee has identified freeway litter, landscape, and graffiti maintenance as a major roadway maintenance issue. The accumulation of litter and poorly maintained landscaping on the freeways throughout Santa Clara County are aesthetic and environmental problems. The cleanliness of the freeways and groomed landscaping also represents civic community pride to both local and regional travelers. INVENTORY Based on the Litter Control and Landscape Maintenance Study for Santa Clara County conducted in 2005 and TSMP assessment results, there are approximately 307 roadside miles (shoulder length miles), 128 interchanges, and 1,193 acres of landscaped area on the state highway system in Santa Clara County that require regular maintenance. MAINTENANCE Depending on available resources allocated from the State’s annual budget, which varies from year to year, Caltrans may have up to 13 maintenance crews at any given time that cover several counties. The crews consist of the following teams: 1 bridge crew, 1 vegetation spray crew, 1 special programs crew, 5 road maintenance crews, and 5 landscape Overview Inventory: 307 Freeway Roadside Miles Condition: 61% Littered or Worse Condition on freeways Needs: $11.2M (to maintain “slightly littered” condition per year) Source: 2008 Litter Control Pilot Program, VTA. maintenance crews. In addition to Caltrans crews, the non-profit Adopt-a-Highway (AAH) is utilized in many locations for litter removal. The crews rotate between Santa Clara, San Mateo, and San Francisco Counties, and each running on variable schedules. The AAH crew typically picks-up litter from freeways 1 or 2 pick-ups per month. There are also special programs that supplement freeway litter maintenance; these crews typically consist of three teams and work four days per week. Road sweeping is performed on a daily basis, theoretically covering the same location every 6 weeks. Road sweeping has recently been made a higher priority. Caltrans, in partnership with volunteer organizations like Beautiful Day, sponsor single clean-up days each year. Each year there are many single clean-up days. The California Highway Patrol (CHP) also participates in freeway clean-up events by sponsoring four litter clean-up days per year. 2016 TSMP Monitoring Report | 14 10.a Freeway Litter, Landscape, Graffiti Maintenance CONDITION Caltrans Maintenance LOS Caltrans monitors the overall maintenance quality of their facilities by visually inspecting random samples of roads (generally 20%) in order to relate a general condition and relate maintenance activities needed to improve the condition. They assign the overall condition a “Maintenance LOS” value which ranges from 0100. The LOS made up of 4 weighted categories: For the purposed of this report, the following scale is used to assign an overall condition to all Maintenance LOS scores: Figure 22. LOS Rating System Good 100-71 Fair 70-51 Poor 50-0 Overall Maintenance LOS Trend Although no LOS scores were received last year, 0% Maintenance 100% LOS, according this year’s Caltrans 2012 the overall LOS has decreased to Fair. Good Figure 23. Overall Maintenance LOS Trend Goal=, 90 Fair 87 80 Poor 70 76 No Data73 60 58.09% 26.56% 12.66% 82 Good Roadside Vegetation (weeds) Fences 0% Tree/Brush Encroachment Figure 24. Historical Roadside Maintenance LOS Trend Travelway (40%) Drainage (15%) Roadside (15%) Traffic Guidance (15%) Condition LOS Roadside Maintenance LOS Trend Roadside Maintenance is a subset of the overall LOS, and seems to have had a steady downward trend with this year being a new low of 48 out of 100. Items evaluated as part of this group are: 81 2.70% Fair Poor 2012 Good 58.09% 80 71 Fair 63 58 26.56% 70 56 60 Poor 12.66% 50 No Data 2.70% 40 Good Fair 48 Poor No Data At this time, Caltrans Maintenance LOS report does not include the maintenance condition of established landscape areas. Litter/Debris Maintenance LOS Trend Looking in further detail, “Litter/Debris” LOS, which is a subset of “Roadside” LOS, has a somewhat flat trend line. The current Litter/Debris LOS is 61 out is 0% of 100, which 100% much less than the statewide goal of 80. 2012 Figure 25. 67 Litter/Debris Graffiti 100% Ramps Historical Litter/Debris Maintenance LOS Trend No Data This year, Caltrans increased guardrail inspections requirements which resulted in a decrease in LOS statewide; for Santa Clara County, this may account for about 7 to 10 point decrease in overall LOS. 2016 TSMP Monitoring Report | 15 Good Goal= 58.09% 80 Fair 80 26.56% 70 56 56 58 Poor 12.66% 52 60 No Data 2.70% 50 Good Fair 61 Poor No Data 10.a Freeway Litter, Landscape, Graffiti Maintenance Drive-by Visual Assessment Survey In order to provide additional perspective, TSMP performed drive-by video surveys of most of Santa Clara County’s freeways and expressways. This was done to obtain a general “snapshot” impression of current roadside maintenance conditions. The survey was then analyzed for 3 categories: litter, landscape, and graffiti. The following grading scales were used for each category: Figure 26. Litter Grading Scale. Figure 27. Landscape Grading Scale. 1 – None 2 – Slight 1 – Attractive 2 – Decent 3 – Moderate 4 – Extreme 3 – Moderate 4 – Neglected Condition (Number) Description None Virtually no litter can be observed along the (1) freeway. The observer has to look hard to see any litter, with perhaps a few occasional litter items in a 1/4-mile. Any litter seen could be quickly collected by one individual. The freeway has a generally neat and tidy appearance; nothing grabs the eye as being littered or messy. Slight A small amount of litter is obvious to the (2) observer. The litter along the freeway could be collected by one or two individuals in a short period of time. While the freeway has a small amount of litter, the eye is not continually grabbed by litter items. Moderate Visible litter can readily be seen along the (3) freeway or ramp, likely requiring an organized effort for removal. This area is “littered” and clearly needs to be addressed. Extreme Continuous litter is one of the first things (4) noticed about the freeway. Major illegal dumpsites might be seen, requiring equipment and/or extra manpower for removal. There is a strong impression of a lack of concern about litter on the freeway. Condition (Number) Attractive (1) Decent (2) Moderate (3) Neglected (4) Description No noticeable weeds. Landscaped areas are well maintained with healthy, thriving, and or attractive landscaping. Areas likely to have attractive ground cover, such as ivy, tan bark, or gravel. No vegetation encroaches or impairs road users. Some noticeable weeds that are less than 2ft high. Landscaped areas are well maintained with generally healthy landscaping. Non landscaped areas are mowed or cleared in such that no overgrown brush is present. Areas may or may not have ground cover. No vegetation encroaches or impairs road users. May include roads with only roadside barriers with only minor weeds, or better. Weeds are apparent which may be close to 2ft high and will need to be abated soon. Landscape may be encroaching the edge of pavement, bicycle lane, or sidewalk and may begin to impair road users or partially obscure road signs. Tree saplings or hardy brush is beginning to grow in or in front of traffic safety devices. Weeds are pervasive and may be 2ft high or greater. Landscape is overgrown and may be encroaching the edge of traveled way of streets, bicycle lanes, or sidewalks and impairing road users or obscuring road signs. Dead or dying plants or trees may be observed. 2016 TSMP Monitoring Report | 16 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 28. Graffiti Grading Scale. 1 – None 2 – Slight (Congestion Management Program). Surveys were conducted from July to August in 2015. Surveys were supplemented by Google Street View where needed. Results See the following sections: 3 – Moderate Condition (Number) None (1) Slight (2) Moderate (3) Extreme (4) 4 – Extreme Description No graffiti currently present. Some graffiti is present and likely small in size and may not be clearly visible. Not likely to be distracting to most drivers. Entire location has less than 36 square feet (6’x6’) of graffiti. Graffiti is present and likely medium in size and clearly visible. Distracting to most drivers and may hold drivers attention for a second. May constitute many clusters of small instances of graffiti or one to two medium sized instances. Entire location has less than 240 square feet (6’x40’) of graffiti. Either large solitary instance or large areas of smaller instances of graffiti, and are visible and obtrusive. Solitary instances are very distracting to drivers and may hold drivers attention for more than a second. May illicit concerns of neighborhood safety. Entire location has more than 240 square feet (6’x40’) of graffiti. For the purpose of this report, freeway and expressway segments are defined by VTA’s CMP “Overall Conditions”, page 18 “Freeway Conditions”, page 22 “Selected Interchange Conditions”, page 30 and “Expressway Conditions”, page 32 During the survey it was observed that some segments had recently been cleaned of litter by AAH (or other group) and that some of the regular graffiti hot spots were painted over. It was also noted that that many usual graffiti hot spots had been recently abated but two rail road bridges over HWY 101 were still graffitied. In addition, it was observed that various locations with sound walls had weeds growing out of construction joints between the pavement and the wall or in accumulated sediment. These observations serve as reminders that maintenance conditions are constantly in flux. NEEDS According to a follow-up report to the initial Litter and Landscape study, “Litter Control Pilot Program, US 101 between I-880 and Blossom Hill Road, 2008,” $11.2 million a year was the estimated cost needed (using probationers through the Special Persons Program) to attain acceptable levels highway litter (slightly littered) for all of Santa Clara County. Additionally, in fiscal year 2014/2015, Caltrans has spent about $1.3 million on litter abatement, $0.7 million on street sweeping, and $0.4 million on cleanup of illegal encampments. 2016 TSMP Monitoring Report | 17 10.a Freeway Litter, Landscape, Graffiti Maintenance Overall Conditions Below are the overall results of the drive-by survey assessment for Santa Clara County freeways. Figure 29. Overall Freeway Conditions. LITTER LANDSCAPE 3 GRAFFITI 3 [Moderate] Figure 31. Overall Expressway Conditions. LITTER 1 [Moderate] [No Graffiti] LANDSCAPE 2 2 [Slightly Littered] [Decent] GRAFFITI 1 [No Graffiti] Figure 30. Overall Interchange Conditions. LITTER LANDSCAPE 3 GRAFFITI 3 [Moderate] 1 [Decent] [No Graffiti] Figure 32. Overall Freeway Conditions by Rating. RATING LITTER LANDSCAPE GRAFFITI LITTER (%) LANDSCAPE (%) GRAFFITI (%) 1 4.0 2.1 271.8 1.3% 0.7% 86.5% 2 117.6 151.4 30.4 37.5% 48.3% 9.7% 3 166.2 146.4 7.0 53.1% 46.7% 2.5% 4 25.0 13.0 3.7 8.0% 4.1% 1.2% UC 0.4 0.4 0.4 0.1% 0.1% 0.1% NR 0.0 0.0 0.0 0.0% 0.0% 0.0% 313.2 313.2 313.2 100.0% 100.0% 100.0% Total Figure 33. Overall Interchange Conditions by Rating. RATING LITTER LANDSCAPE GRAFFITI LITTER (%) LANDSCAPE (%) 1 0 0 11 0.0% 2 4 1 0 3 5 7 1 4 3 4 UC 0 NR 0 Total 12 GRAFFITI (%) 0.0% 91.7% 33.3% 8.3% 0.0% 41.7% 58.3% 8.3% 0 25.0% 33.3% 0.0% 0 0 0.0% 0.0% 0.0% 0 0 0.0% 0.0% 0.0% 12 12 100.0% 100.0% 100.0% Figure 34. Overall Expressways Condition by Rating. RATING LITTER LANDSCAPE GRAFFITI LITTER (%) LANDSCAPE (%) GRAFFITI (%) 1 63.6 8.0 111.3 52.6% 6.6% 92.1% 2 40.5 81.5 3.1 33.5% 67.5% 2.6% 3 10.8 23.6 0.5 8.9% 19.5% 0.4% 4 0.0 1.8 0.0 0.0% 1.5% 0.0% UC 4.6 4.6 4.6 3.8% 3.8% 3.8% NR 1.3 1.3 1.3 1.1% 1.1% 1.1% 120.8 120.8 120.8 100.0% 100.0% 100.0% Total 2016 TSMP Monitoring Report | 18 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 35. Litter Conditions Assessment Map. 2016 TSMP Monitoring Report | 19 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 36. Landscape Conditions Assessment Map. 2016 TSMP Monitoring Report | 20 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 37. Graffiti Conditions Assessment Map. 2016 TSMP Monitoring Report | 21 10.a Freeway Litter, Landscape, Graffiti Maintenance Freeway Conditions Below are the results of the drive-by survey assessment, grouped by rating, for Santa Clara County freeways. Figure 38. SR 17 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 0.0 2.1 19.7 5.9 0.0 0.0 27.7 LANDSCAPE (mi) 0.0 12.9 9.1 5.7 0.0 0.0 27.7 GRAFFITI (mi) 18.8 3.0 5.9 0.0 0.0 0.0 27.7 LITTER (%) 0.0% 7.5% 71.3% 21.3% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 46.5% 33.0% 20.5% 0.0% 0.0% 100.0% SR 17 NB near Campbell Ave SR 17 SB near SR 85 SR 17 NB before Hamilton Ave SR 17 SB near Lark Ave SR 17 NB before Hillside Dr SR 17 SB near Summit Rd 2016 TSMP Monitoring Report | 22 GRAFFITI (%) 67.9% 10.8% 21.3% 0.0% 0.0% 0.0% 100.0% 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 39. SR 85 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 0.0 21.2 26.5 0.0 0.0 0.0 47.7 LANDSCAPE (mi) 0.0 24.1 23.6 0.0 0.0 0.0 47.7 GRAFFITI (mi) 44.5 1.9 0.0 0.0 0.0 0.0 47.7 LITTER (%) 0.0% 44.4% 55.6% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 50.6% 49.4% 0.0% 0.0% 0.0% 100.0% SR 85 NB at De Anza Blvd SR 85 SB after Moffet Blvd SR 85 NB at Quito Rd SR 85 SB after Prospect Rd SR 85 NB after Blossom Hill Rd SR 85 SB before Almaden 2016 TSMP Monitoring Report | 23 GRAFFITI (%) 93.4% 6.6% 0.0% 0.0% 0.0% 0.0% 100.0% 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 40. SR 87 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 0.0 4.4 14.0 0.0 0.0 0.0 18.4 LANDSCAPE (mi) 0.0 13.2 5.2 0.0 0.0 0.0 18.4 GRAFFITI (mi) 12.3 6.0 0.0 0.0 0.0 0.0 18.4 LITTER (%) 0.0% 24.1% 75.9% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 71.6% 28.4% 0.0% 0.0% 0.0% 100.0% GRAFFITI (%) 67.1% 32.9% 0.0% 0.0% 0.0% 0.0% 100.0% SR 87 NB after 85 SR 87 SB after 101 SR 87 NB after Willow St SR 87 SB before Hillsdale Ave SR 87 NB before Skyport Dr SR 87 SB after Branham Ln 2016 TSMP Monitoring Report | 24 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 41. US 101 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 0.0 56.5 56.7 2.0 0.0 0.0 115.3 LANDSCAPE (mi) 0.0 66.1 45.0 4.2 0.0 0.0 115.3 GRAFFITI (mi) 107.1 4.4 0.0 3.7 0.0 0.0 115.3 LITTER (%) 0.0% 49.0% 49.2% 1.8% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 57.3% 39.0% 3.6% 0.0% 0.0% 100.0% GRAFFITI (%) 93.0% 3.8% 0.0% 3.2% 0.0% 0.0% 100.0% US 101 NB at I-680 US 101 SB at Lafayette St US 101 NB before Taylor St US 101 SB before Rengstorff Ave US 101 NB after Metcalf Rd US 101 SB at CA-25 2016 TSMP Monitoring Report | 25 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 42. SR 237 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 1.4 6.5 9.7 2.2 0.0 0.0 19.8 LANDSCAPE (mi) 0.0 4.7 14.3 0.7 0.0 0.0 19.8 GRAFFITI (mi) 17.1 2.7 0.0 0.0 0.0 0.0 19.8 LITTER (%) 7.2% 32.7% 48.9% 11.2% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 23.9% 72.5% 3.6% 0.0% 0.0% 100.0% GRAFFITI (%) 86.5% 13.5% 0.0% 0.0% 0.0% 0.0% 100.0% SR 237 WB at 880 SR 237 EB after Zanker Rd SR 237 WB at Maude Ave SR 237 EB before Great America SR 237 WB after 85 SR 237 EB before 101 2016 TSMP Monitoring Report | 26 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 43. I-280 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 1.4 17.5 21.8 2.4 0.0 0.0 LANDSCAPE (mi) 0.0 18.1 25.0 0.0 0.0 0.0 GRAFFITI (mi) 38.9 3.2 1.1 0.0 0.0 0.0 LITTER (%) 3.2% 40.6% 50.7% 5.5% 0.0% 0.0% LANDSCAPE (%) 0.0% 42.0% 58.0% 0.0% 0.0% 0.0% GRAFFITI (%) 90.2% 7.3% 2.5% 0.0% 0.0% 0.0% 43.1 43.1 43.1 100.0% 100.0% 100.0% I-280 NB at Magdalena Ave I-280 SB after Alpine Rd I-280 NB before 17 I-280 SB at N Stelling Rd I-280 NB before 87 I-280 SB after 11th St 2016 TSMP Monitoring Report | 27 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 44. I-680 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 0.0 2.4 11.7 6.6 0.0 0.0 20.6 LANDSCAPE (mi) 0.0 4.0 15.1 1.6 0.0 0.0 20.6 GRAFFITI (mi) 18.0 2.6 1.0 0.0 0.0 0.0 20.6 LITTER (%) 0.0% 11.7% 56.6% 31.7% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 19.5% 72.9% 7.6% 0.0% 0.0% 100.0% GRAFFITI (%) 82.4% 12.8% 4.8% 0.0% 0.0% 0.0% 100.0% I-680 NB Before McKee Rd I-680 SB before Jacklin Rd I-680 NB at Montague Expwy I-680 SB before Alum Rock Ave I-680 NB before Scott Creek Rd I-680 SB before King Rd 2016 TSMP Monitoring Report | 28 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 45. I-880 Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 1.2 7.0 6.1 6.0 0.4 0.0 20.8 LANDSCAPE (mi) 2.1 7.9 9.6 0.8 0.4 0.0 20.8 GRAFFITI (mi) 15.1 3.3 2.0 0.0 0.4 0.0 20.8 LITTER (%) 5.9% 33.8% 29.5% 28.8% 1.9% 0.0% 100.0% LANDSCAPE (%) 10.0% 38.2% 46.0% 3.9% 1.9% 0.0% 100.0% GRAFFITI (%) 72.5% 16.0% 9.6% 0.0% 1.9% 0.0% 100.0% I-880 NB after Brokaw Rd I-880 SB before W Hedding St I-880 NB after 280 I-880 SB before 87 I-880 NB before Trimble Rd I-880 SB after Park Ave 2016 TSMP Monitoring Report | 29 10.a Freeway Litter, Landscape, Graffiti Maintenance Selected Interchange Conditions Table 6. Interchange Conditions. NO RTE 1 101 2 CROSSING LITTER LANDSCAPE GRAFFITI SR 152 East 2 2 1 101 Story Rd 4 4 3 3 101 Trimble Rd 4 4 1 4 101 SR 237 3 3 1 5 101 Oregon Expwy 3 3 1 6 680 Montague Expwy 3 4 1 7 880 Montague Expwy 3 3 1 8 880 US 101 2 3 1 9 280 Page Mill Rd 2 3 1 10 237 N Mathilda Ave 2 3 1 11 87 Capitol Expwy 4 4 1 12 85 Saratoga Ave 3 3 1 Figure 46. Map of Interchange Monitoring Locations. 1 2016 TSMP Monitoring Report | 30 10.a Freeway Litter, Landscape, Graffiti Maintenance Figure 47. Selected Interchange Photos. #1 US 101/SR 152 East #2 US 101/Story #3 US 101/Trimble #4 US 101/SR 237 #5 US 101/Oregon-Page Mill #6 I-680/Montague #7 I-880/Montague #8 I-880/US 101 #9 I-280/Page Mill #10 SR 237/Mathilda #11 SR 87/Capitol #12 SR 85/Saratoga 2016 TSMP Monitoring Report | 31 10.a Freeway Litter, Landscape, Graffiti Maintenance Expressway Conditions Below are the results of the drive-by survey assessment, grouped by rating, for Santa Clara County Expressways. Table 7. Almaden Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 11.5 5.1 0.0 0.0 0.0 0.0 16.6 LANDSCAPE (mi) 0.7 7.2 8.7 0.0 0.0 0.0 16.6 GRAFFITI (mi) 16.6 0.0 0.0 0.0 0.0 0.0 16.6 LITTER (%) 69.3% 30.7% 0.0% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 4.2% 43.4% 52.4% 0.0% 0.0% 0.0% 100.0% GRAFFITI (%) 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% GRAFFITI (mi) 16.4 0.0 0.0 0.0 0.0 0.0 16.4 LITTER (%) 32.3% 50.0% 17.7% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 0.0% 73.8% 26.2% 0.0% 0.0% 0.0% 100.0% GRAFFITI (%) 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% GRAFFITI (mi) 19.6 0.0 0.0 0.0 0.0 0.0 19.6 LITTER (%) 55.1% 44.9% 0.0% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 4.6% 82.7% 12.8% 0.0% 0.0% 0.0% 100.0% GRAFFITI (%) 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% GRAFFITI (mi) 12.3 0.0 0.0 0.0 1.7 0.0 14.0 LITTER (%) 87.9% 0.0% 0.0% 0.0% 12.1% 0.0% 100.0% LANDSCAPE (%) 21.4% 66.4% 0.0% 0.0% 12.1% 0.0% 100.0% GRAFFITI (%) 87.9% 0.0% 0.0% 0.0% 12.1% 0.0% 100.0% GRAFFITI (mi) 13.8 1.5 0.0 0.0 1.3 0.0 16.6 LITTER (%) 28.3% 40.4% 23.5% 0.0% 7.8% 0.0% 100.0% LANDSCAPE (%) 7.8% 72.9% 11.4% 0.0% 7.8% 0.0% 100.0% GRAFFITI (%) 83.1% 9.0% 0.0% 0.0% 7.8% 0.0% 100.0% Table 8. Capitol Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 5.3 8.2 2.9 0.0 0.0 0.0 16.4 LANDSCAPE (mi) 0.0 12.1 4.3 0.0 0.0 0.0 16.4 Table 9. Central Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 10.8 8.8 0.0 0.0 0.0 0.0 19.6 LANDSCAPE (mi) 0.9 16.2 2.5 0.0 0.0 0.0 19.6 Table 10. Foothill Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 12.3 0.0 0.0 0.0 1.7 0.0 14.0 LANDSCAPE (mi) 3.0 9.3 0.0 0.0 1.7 0.0 14.0 Table 11. Lawrence Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 4.7 6.7 3.9 0.0 1.3 0.0 16.6 LANDSCAPE (mi) 1.3 12.1 1.9 0.0 1.3 0.0 16.6 2016 TSMP Monitoring Report | 32 10.a Freeway Litter, Landscape, Graffiti Maintenance Table 12. Montague Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 7.4 3.9 0.7 0.0 0.0 0.0 12.0 LANDSCAPE (mi) 0.3 7.3 2.6 1.8 0.0 0.0 12.0 GRAFFITI (mi) 11.5 0.0 0.5 0.0 0.0 0.0 12.0 LITTER (%) 61.7% 32.5% 5.8% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 2.5% 60.8% 21.7% 15.0% 0.0% 0.0% 100.0% GRAFFITI (%) 95.8% 0.0% 4.2% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (mi) 1.8 1.2 1.0 0.0 0.0 0.0 4.0 GRAFFITI (mi) 4.0 0.0 0.0 0.0 0.0 0.0 4.0 LITTER (%) 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (%) 45.0% 30.0% 25.0% 0.0% 0.0% 0.0% 100.0% GRAFFITI (%) 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% LANDSCAPE (mi) 0.0 4.1 0.0 0.0 0.0 1.3 5.4 GRAFFITI (mi) 4.1 0.0 0.0 0.0 0.0 1.3 5.4 LITTER (%) 75.9% 0.0% 0.0% 0.0% 0.0% 24.1% 100.0% LANDSCAPE (%) 0.0% 75.9% 0.0% 0.0% 0.0% 24.1% 100.0% GRAFFITI (%) 75.9% 0.0% 0.0% 0.0% 0.0% 24.1% 100.0% GRAFFITI (mi) 13.0 1.6 0.0 0.0 1.6 0.0 16.2 LITTER (%) 21.6% 48.1% 20.4% 0.0% 9.9% 0.0% 100.0% LANDSCAPE (%) 0.0% 74.1% 16.0% 0.0% 9.9% 0.0% 100.0% GRAFFITI (%) 80.2% 9.9% 0.0% 0.0% 9.9% 0.0% 100.0% Table 13. Oregon Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 4.0 0.0 0.0 0.0 0.0 0.0 4.0 Table 14. Page Mill Road Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 4.1 0.0 0.0 0.0 0.0 1.3 5.4 Table 15. San Tomas Expressway Conditions. RATING 1 2 3 4 UC NR Total LITTER (mi) 3.5 7.8 3.3 0.0 1.6 0.0 16.2 LANDSCAPE (mi) 0.0 12.0 2.6 0.0 1.6 0.0 16.2 2016 TSMP Monitoring Report | 33 10.a Roadside Assets Overview Roadside Assets Reponses: 16 responses out of 17 BACKGROUND Inventory: 198,369 traffic signs In order to form a perspective on local transportation infrastructure that is not yet systematically inventoried and/or regularly inspected for condition, a self-assessment survey was conducted with local agencies. This survey asked general questions about the inventory, condition, and ability to maintain assets in a “good” condition. The results are shown below. Condition: 84% traffic signs in good condition The information received from this selfassessment survey is mainly substantiated on estimates and not through documentation. The results should also be treated as “snap-shot” in time. In addition, the survey this year introduced a new section which allowed respondents to share frequency of maintenance strategies for each asset type. Table 16. Average Local Asset Conditions. Local Assets Traffic Signals Traffic Signals Timing Pavement Markings Traffic Signs Light Poles Curb & Gutter Litter Control Sidewalks INVENTORY The survey asked respondents to provide total inventory of the items listed below, to the best of their ability. Traffic Signs: 198,369 Street lamps: 110,237 Sidewalks: 7,859 miles CONDITION Because asset condition can be easier to approximate than inventory, conditions for a greater number of assets were requested. 2016 TSMP Monitoring Report | 34 % in Good Condition (avg.) 84% 71% 68% 79% 79% 83% 78% Ability to Maintain (avg.) High High Medium Medium High Medium Medium Medium 10.a Condition Distribution Below are frequency charts for the condition portion of the self-assessment survey. Responses Roadside Assets Table 23. Sidewalks n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 8 6 4 2 0 % in Good Condition n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Traffic Signals Responses Table 17. % in Good Condition 8 6 4 2 0 n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Responses Table 18. Pavement Markings % in Good Condition ABILITY TO MAINTAIN This metric helps communicate the amount of need in maintaining a transportation asset. A low ability to maintain generally indicates that current funding is not enough to maintain a network of assets to a desired condition. The following pie charts represent the number of responses received for each category of “ability to maintain.” Figure 48. Ability to Maintain Responses. Legend: 6 # = Number of responses Traffic Signals Traffic Signal Timing 4 2 3 8 % in Good Condition 8 6 4 2 0 Pavement Markings 1 Light Poles 2 Curb & Gutter 1 2 6 2 11 8 Litter Control % in Good Condition 0 1 n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Responses Litter Control 8 6 4 2 0 0 2 7 % in Good Condition Table 22. 0 4 11 8 6 4 2 0 n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Responses Curb & Gutter Traffic Signs 7 % in Good Condition Table 21. 7 12 n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Light Poles Responses Table 20. 1 1 0 n/a 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-89 90-100 Traffic Signs Responses Table 19. 8 6 4 2 0 7 8 2016 TSMP Monitoring Report | 35 Sidewalks 0 5 2 9 10.a Roadside Assets FREQUENCY OF MAINTENANCE This metric helps communicate the maintenance strategy selected for each of the following transportation assets. 12 10 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other Light Poles Responses Table 27. 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other Traffic Signals Responses Table 24. Maintenance Strategy Table 28. 10 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other 12 10 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other Responses Curb & Gutter Responses Table 25. Pavement Markings Maintenance Strategy Maintenance Strategy Maintenance Strategy Maintenance Strategy Maintenance Strategy LOCAL NEWS Recent Efforts Gilroy: Sign reflectivity study starting in late 2016. Monte Sereno: OBAG funded street rehab and updating pavement management report. Palo Alto: Upgraded all traffic signals systems and testing connected vehicle technology, recognized by ITS America. Developing infrastructure management software for pavement. San Jose: Improved response time to 7 days (from 21) for litter removal. 12 10 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other Litter Control Responses Table 29. 10 8 6 4 2 0 N/A Weekly Bi-Weekly Monthly Quarterly Annually Biannually As-Needed Other Traffic Signs Responses Table 26. Santa Clara County: Box culvert replacement in San Tomas Expressway; won 2016 APWA project of the year in Utilities category. Current Challenges Theft or Damage Gilroy: Copper theft down due to preventative measures. Santa Clara County: increase in copper wire theft. Inadequate Resources Limited budget for ADA compliant curb ramps, implementing complete streets policies, and maintaining GIS software. 2016 TSMP Monitoring Report | 36 10.a Roadside Assets FREEWAY RAMP METERS As an effort to reduce freeway congestion, beginning in 2008, freeway ramp meters have been constructed throughout Santa Clara County. There are currently 265 operational ramp meters (nearly half of all active ramp meters in the Bay Area), 14 non-operational, and 50 future ramp meters. This means that about 80% of the originally planned meter system is installed and operational. Travel time savings have been observed between 2% and 26%. In 2015, activity includes activation of: 30 meters along US 101 between SR 85 south and Monterey Rd in Gilroy, 38 meters along I-680 between King Road and Scott Creek Road, and 19 meters along SR 85 between US 101 north and De Anza Blvd. Figure 49. Freeway ramp meter location and status. 2016 TSMP Monitoring Report | 37 10.a Roadway Safety users of the roadway (auto drivers, truck drivers, motorcyclists, bicyclists, or pedestrians.) There are many causes of collisions and they are generally related to: driver characteristics, weather conditions, and physical road layout. The California Highway Patrol (CHP) collects and maintains a collision database called the Statewide Integrated Traffic Records System (SWITRS). This database is used in monitoring collision types and their severities throughout the state. Because of the nature of collision reporting, full year datasets are typically released 2 years later. As a result, 2014 data was recently released and made available to the public in late 2016. Roadway Safety Transportation has a significant effect on public health and safety and includes concerns road user collisions, air quality, and active transportation (bicycling and walking). ACCIDENT COLLISIONS Road safety is a primary concern of community leaders, transportation professionals and all Provisional 2014 SWITRS data was obtained for this report. There were 14,222 total collisions, which included 6,721 injury collisions, 104 fatal collisions, and 7,397 property damage only collisions. The total percentage of collisions decreased in 2014 by 0.7%. Fatal pedestrian and bicycle involved collisions also decreased 16% and 40% respectively. Figure 51. 14.3k 14.1k 14.2k 15k 13k 104 94 93 91 89 81 83 Figure 53. 2014 Fatal Collisions Involved With 40 30 20 10 0 34 30 29 5 5 1 Train 80 6500 Other 90 6.6k 6.6k6.7k Bicycle 100 6.5k Object Historical Fatal Collisions 6.9k 6.8k 6000 110 Figure 52. Historical Injury Collisions 7000 6.8k Pedestrian Historical Total Collisions 19k 16.6k 15.5k 17k 15.1k 14.9k Motor Vehicle Thousands 7500 Figure 50. Data Source: CHP, Provisional 2014 SWITRS, Section 8 or Online Report 1 – Collisions and Victims by Motor Vehicle Involved. 2016 TSMP Monitoring Report | 38 10.a Roadway Safety Fatal Collisions Below is a heat map of only fatal collisions where red areas represent concentrated collision locations. Locations are approximate and this year 94 of 104 collisions (90%) are mapped. Non-mapped collisions result from incomplete information on CHP report. Also included is 2014 provisional collision data queried from UC Berkeley’s Transportation Injury Mapping System (TIMS) and verified with provisional 2014 SWITRS primary collision factor (PCF) data. Figure 54. Fatal Collisions Heat Map. Source: Safe Transportation Research and Education Center (SafeTREC), University of California Berkeley, TIMS. Primary Collision Factor (PCF) Violation 01 - Driving or Bicycling Under the Influence of Alcohol or Drug 02 - Impeding Traffic 03 - Unsafe Speed 04 - Following Too Closely 05 - Wrong Side of Road 06 - Improper Passing 07 - Unsafe Lane Change 08 - Improper Turning 09 - Automobile Right of Way 10 - Pedestrian Right of Way 11 - Pedestrian Violation 12 - Traffic Signals and Signs 13 - Hazardous Parking 14 - Lights 15 - Brakes 16 - Other Equipment 17 - Other Hazardous Violation 18 - Other Than Driver (or Pedestrian) 19 - (Not Used) 20 - (Not Used) 21 - Unsafe Starting or Backing 22 - Other Improper Driving # % 12 11.5% 0 15 0 3 0 4 15 3 2 15 5 0 0 0 1 1 3 0 0 0 0 0% 14.4% 0% 2.9% 0% 3.8% 14.4% 2.9% 1.9% 14.4% 4.8% 0% 0% 0% 1% 1% 2.9% 0% 0% 0% 0% 23 - Pedestrian or Other Under the Influence of Alcohol or Drug 24 - Fell Asleep 00 - Unknown - - Not Stated Type of Collision A - Head-On B - Sideswipe C - Rear End D - Broadside E - Hit Object F - Overturned G - Vehicle/Pedestrian H - Other - - Not Stated Vehicle Involvement Pedestrian Collision Motorcycle Collision Bicycle Collision Truck Collision 2016 TSMP Monitoring Report | 39 0 0% 0 10 15 0% 9.6% 14.4% # 7 9 14 8 23 4 27 7 5 % 6.7% 8.7% 13.5% 7.7% 22.1% 3.8% 26% 6.7% 4.8% # 32 17 5 9 % 30.8% 16.3% 4.8% 8.7% 10.a Roadway Safety Severe Injury Collisions Below is a heat map of only severe injury collisions where red areas represent concentrated collision locations. Locations are approximate and this year 275 of 346 collisions (80%) are mapped. Non-mapped collisions result from to incomplete information on CHP report. Also included is 2014 provisional collision data queried from UC Berkeley’s Transportation Injury Mapping System (TIMS) and verified with provisional 2014 SWITRS primary collision factor (PCF) data. Figure 55. Severe Injury Collision Heat Map. Source: Safe Transportation Research and Education Center (SafeTrec), University of California Berkeley, TIMS. Primary Collision Factor (PCF) Violation 01 - Driving or Bicycling Under the Influence of Alcohol or Drug 02 - Impeding Traffic 03 - Unsafe Speed 04 - Following Too Closely 05 - Wrong Side of Road 06 - Improper Passing 07 - Unsafe Lane Change 08 - Improper Turning 09 - Automobile Right of Way 10 - Pedestrian Right of Way 11 - Pedestrian Violation 12 - Traffic Signals and Signs 13 - Hazardous Parking 14 - Lights 15 - Brakes 16 - Other Equipment 17 - Other Hazardous Violation 18 - Other Than Driver (or Pedestrian) 19 - (Not Used) 20 - (Not Used) 21 - Unsafe Starting or Backing # % 48 13.9% 1 71 3 15 0 13 57 29 17 19 24 0 1 0 0 7 4 0 0 1 0.3% 20.5% 0.9% 4.3% 0% 3.8% 16.5% 8.4% 4.9% 5.5% 6.9% 0% 0.3% 0% 0% 2% 1.2% 0% 0% 0.3% 22 - Other Improper Driving 23 - Pedestrian or Other Under the Influence of Alcohol or Drug 24 - Fell Asleep 00 - Unknown - - Not Stated 2 0.6% 0 0% 0 10 24 0% 2.9% 6.9% Type of Collision A - Head-On B - Sideswipe C - Rear End D - Broadside E - Hit Object F - Overturned G - Vehicle/Pedestrian H - Other - - Not Stated # 37 25 40 73 63 32 55 14 7 % 10.7% 7.2% 11.6% 21.1% 18.2% 9.2% 15.9% 4% 2% Vehicle Involvement Bicycle Collision Pedestrian Collision Motorcycle Collision Truck Collision # 54 66 54 6 % 15.6% 19.1% 15.6% 1.7% 2016 TSMP Monitoring Report | 40 10.a Air Quality Air Quality Air pollution caused by motor vehicles and land use activities is of great concern to the public and is monitored by the Federal Environmental Protection Agency (EPA). The AQI is an index for general reporting on how clean or polluted the air is and what health effects may be experienced in a few hours or days after breathing the current air in your area. AQI ranges from 0 [Good] to 500 [Hazardous]. See below table for more information. The EPA receives air quality data from state and local agencies and provides this data to the public. The EPA monitors levels of chemicals and toxins such as: ground-level ozone, particle pollution (also known as particulate matter), carbon monoxide, sulfur dioxide, and nitrogen dioxide. Each compound has been linked to various human health risks and is monitored separately. In order to incorporate monitoring of separate compounds into a single scoring system the “Air Quality Index” (AQI) was created. According to the EPA, in 2015, Santa Clara County experienced 7 days of AQI>100 [pollution>moderate] (where pollution was unhealthy, or unhealthy for Sensitive Groups). See below for AQI for each day for 2015. Additionally, the county also had a median AQI of 40 [good]. This is a slight improvement over 2015, which had 5 days of AQI>100 but a median AQI of 39 [good]. Figure 56. Air Quality Tile Plot. Jan Sun Mon Tue Wed Thur Fri Sat 67 73 92 85 88 95 86 84 87 73 64 63 41 60 90 78 73 Jul Sun 30 Mon 64 Tue 117 Wed 56 Thur 35 Fri 43 Sat 47 28 35 29 25 23 31 34 33 35 31 40 41 41 40 77 48 55 56 61 64 60 37 37 31 33 35 44 32 58 61 36 54 64 62 43 Aug 31 61 51 48 64 45 47 Feb 43 87 84 61 36 24 22 33 35 32 47 54 58 66 51 51 59 52 66 62 43 42 31 147 31 28 119 27 33 79 45 40 65 54 38 57 45 35 55 40 105 38 31 32 36 42 49 32 34 38 74 64 61 45 33 28 Mar 31 34 37 37 45 56 48 56 55 63 38 36 38 44 42 32 40 33 41 42 37 33 42 38 32 44 32 41 Apr 42 45 42 43 43 51 46 Sep Oct 37 48 42 119 54 38 80 29 93 43 42 87 35 49 39 32 143 35 44 50 33 93 41 49 35 31 58 48 33 42 42 48 122 36 45 43 42 42 44 45 47 38 56 42 41 55 51 48 32 48 42 46 47 61 87 58 41 55 55 45 44 41 41 40 33 34 38 50 53 55 40 43 36 34 51 47 40 May 49 47 36 49 93 58 60 35 44 36 34 36 40 34 Nov 32 31 28 34 36 45 43 44 42 41 47 38 53 41 41 35 38 48 53 61 67 42 40 45 41 42 42 36 35 34 31 35 44 43 65 39 38 36 36 33 34 38 70 71 40 36 54 48 60 35 33 34 33 44 43 46 Jun 40 32 34 31 33 38 37 47 93 38 47 48 71 55 58 58 64 80 52 48 67 49 58 44 46 53 51 36 Dec 59 62 60 70 41 38 54 35 53 54 32 29 30 38 32 36 35 32 62 29 33 31 25 31 38 42 55 38 52 54 62 48 64 Data Source: Environmental Protection Agency, 2015 Tile Plot by AirData. AQI Condition 0-50 Good 51-100 Moderate 101-150 Unhealthy for Sensitive Groups 151-200 Unhealthy 201-300 Very Unhealthy 301-500 Hazardous Description Air quality is considered satisfactory, and air pollution poses little or no risk. Air quality is acceptable; however, for some pollutants there may be a moderate health concern for a very small number of people. For example, people who are unusually sensitive to ozone may experience respiratory symptoms. Although general public is not likely to be affected at this AQI range, people with lung disease, older adults and children are at a greater risk from exposure to ozone, whereas persons with heart and lung disease, older adults and children are at greater risk from the presence of particles in the air. Everyone may begin to experience some adverse health effects, and members of the sensitive groups may experience more serious effects. This would trigger a health alert signifying that everyone may experience more serious health effects. This would trigger health warnings of emergency conditions. The entire population is more likely to be affected. 2016 TSMP Monitoring Report | 41 10.a Mode Share Mode Share Balancing mode share and encouraging use of alternate modes of transportation to single occupant auto driving is one strategy of managing traffic congestion. Promoting active transportation—bicycling and walking—is also good for personal health and good for the environment. It is also encouraged to use transportation that has less impact on the environment, such as carpooling and using public transportation. Every year, the US Census Bureau surveys United States Citizens and asks about their “Means of Transportation to Work.” In 2014, Santa Clara County respondents polled that about 3.5% used active transportation (bicycling and walking) to get to work. This is a decrease from the 2013 survey where respondents polled at about 4.0% using active transportation. Carpooled Work at Home 10.3% 4.8% Public Transportation 4.1% Figure 57 2014 Means of Transportation to Work in Santa Clara County Walked 1.8% Bicycled 1.7% Motorcycle or Taxi 1.2% Drive Alone 76.1% Public Carpooled Transportation 10.3% 4.4% Work at Home 4.1% Figure 58 2013 Means of Transportation to Work in Santa Clara County Walked 2.1% Bicycled 1.9% Motorcycle or Taxi 1.4% Drive Alone 75.8% Data Source: Census Bureau, 2014 and 2013 American Community Survey 1-Year Estimates. 2016 TSMP Monitoring Report | 42 10.a Bikeways Bikeways In 2008, VTA updated its Countywide Bicycle Plan to both define a regional bicycle system and identify ways to improve both safety and convince. As a result, numerous improvements were identified and categorized in to various projects lists; some of these categories include: On-street Projects, Off-street Projects, and Across Barrier Connections (ABCs). This plan is currently (as of 6/2016) going through an extensive updating process which has resulted in new baseline inventory data and reorganization of data categories for Cross-county Bicycle Corridors (CCBCs). ABCs enable bicyclists and pedestrians to conveniently and safely cross freeways, waterways and railroad tracks rather than make circuitous detours to existing roadway crossings. For the purpose of the TSMP, the monitoring of planned Cross County Bicycle Corridor (CCBC) projects compared with the number of miles and projects completed is used to measure the county’s progress towards achieving its vision for cross-county bike mobility in Santa Clara County. The below tables present the areas measured and the progress made through 2016 on the planned bike improvements identified in the 2008 Countywide Bicycle Plan. The first table presents the number of planned CCBCs miles, total completed on-street facility miles and completed off-street facility miles on CCBCs. Bike on-street projects are bike projects along roadways shared with autos; and bike offstreet projects are bike projects along trails or paths shared with pedestrians. As of March 2016, approximately 234 miles of on-street projects, 110 miles of off-street projects, and 25 across barrier connections were completed. This accounts for 45% of CCBCs and 7% of potential ABC’s identified in the 2008 Countywide Bicycle Plan. A map showing the total completed cross-county on-street bicycle projects is included on the next page. Table 30. Cross-County Bicycle Corridors. Cross-County Bicycle Corridors 2016 Total length planned to construct (CBP 2008) 758 Completed miles (on-street) 234 Completed miles (off-street) 110 Overall percent complete 45% Table 31. Across Barrier Connections. Across Barrier Connections 2016 Total potential ABC’s (CBP 2008) 353 Under construction 0 Completed ABCs 25 Unbuilt 328 Overall percent complete 7% 2016 TSMP Monitoring Report | 43 10.a Bikeways Figure 59. Map of Completed On-Street Bicycle Projects. 2016 TSMP Monitoring Report | 44 10.a Bikeways Green Bike Lanes As the Santa Clara County continues to improve and expand its bicycle networks, one improvement that is being implemented are “green bike lanes.” Green bike lanes refers to the application of a green pigment, such as green paint, to help distinguish bicycle facilities from general purpose vehicle facilities. Table 32 shows the results of a survey of local agencies and their current use of green bike lanes, the materials used, and the type of application. Green bike lanes are typically installed at intersections where there are heavy vehicle and bicycle traffic volumes to increase visibility and provide a buffer between vehicle lanes and a bicycle lane. Table 32. Survey of local uses of green bike lanes. Gilroy Y X Los Altos Y X Los Gatos Y Morgan Hill N Mountain View Y Palo Alto Y San Jose Y X Santa Clara Y X X X X X X X X X X X 2016 TSMP Monitoring Report | 45 Through inter-sections and Lateral Shifts X X X Continuous Intersection Approaches and Departures Conflict Points First and Last Points High Friction Surface Treatment X Y Epoxy with Green Aggregate Cyclegrip MMAX Resin (Ennis-Flint) X Cupertino Type of Application Green Slurry Pre-formed Thermoplastic Extruded Thermoplastic City Uses Green Bike Lanes? Water-based Paint Materials X X X X X X 10.a Notes on Report Notes on Report 2016 SUMMARY Key Performance Indicators Pavement Bridges See Pavement See Bridges section. section. Maintenance See Roadside Maintenance section. Air Quality See health & safety section Congestion Current freeway LOS data retrieved from VTA 2015 Congestion Monitoring Program (CMP) Monitoring and Conformance Report and the current intersection LOS data was retrieved from the 2014 report both of which are available at http://www.vta.org/cmp/monitoring-report. For the sake of this report, AM and PM freeway lane miles of LOS were combined. Freeway LOS is normally analyzed every year but intersection LOS is usually only analyzed every 2 years, therefore, for the purposed of this report, only every other year is reported every 2 years when both freeway and intersection data are available at the same time. Express Lanes Program Current information was taken from the SR 237 Express Lanes FY (fiscal year) 2015 Report which will be reported to the VTA board of directors on October 6th 2016, available on VTA website: http://www.vta.org/get-involved/board-of-directors. Previous data was taken from prior annual reports. Transit Statistics on transit ridership were obtained from Santa Clara Valley Transportation Authority’s FY2013 Comprehensive Annual Financial Report, and found in Table 21 Operating Information – Operating Indicators. This and previous reports can be accessed at: http://www.vta.org/about-us/financial-andinvestor-information-accepted. Population Population data from United States Census Bureau provided on their website at State & County Quick Facts page http://quickfacts.census.gov/qfd/states/06/06085.html and by reviewing the Santa Clara County Quick Facts Database http://quickfacts.census.gov/qfd/download_data.html. Vehicle and Driver Registered drivers and vehicles statistics can be found on California DMV Statistics Page here https://www.dmv.ca.gov/portal/dmv/detail/pubs/media_center/statistics or by searching “Licenses Outstanding” and “Vehicles Registered by County” at https://www.dmv.ca.gov/. Historical registered drivers and registered vehicles by county can also be found on SWITRS report on Table 8B; because it take about two years to finalize, this is a lagging data source. Registered vehicles for 2014 could not be found on the DMV’s website and is not yet available through SWITRS. Recent Inventory Pavement See pavement section. Bridges See bridges section. Bus Current bus data was retrieved from internal VTA report called “VTA Facts, Current Bus System Data, January 2015. Bus fleet includes all the following bus types: articulated (69), standard (257), hybrid 40-ft (80), community bus (54), and Express (40, also hybrid engines). Bus route mileage is reported as the total round trip. Although this report is not published on the website, much of this information can be found in other reports such as the Annual Service Transit Plan (fleet size, number of routes & stops, and weekly ridership) which can be found on VTA’s website here: http://www.vta.org/reports-and-studies. Additionally, a Bus System Overview fact sheet is provided periodically on VTA’s website here: http://www.vta.org/news-and-media/resources/vta-newsroom-fact-sheets-vta-information. Light Rail Current light rail data was retrieved from internal VTA report called “VTA Facts, Current Light Rail System Data, January 2015. In addition to the fleet of 99 standard vehicles, there are also 4 historic 2016 TSMP Monitoring Report | 46 10.a Notes on Report trollies that operate during the Christmas holiday season. Route miles define the extent of the operational network and represent the total extent of routes available for trains to operate. Track miles takes into account multiple track routes (e.g. for each route mile where there is double track, there are two track miles; where there are four tracks, there are four track miles). Although this report is not published on the website, much of this information can be found in other reports such as the Annual Service Transit Plan (fleet size, number of routes & stops, and total ridership) which can be found on VTA’s website here: http://www.vta.org/reports-and-studies. Signal Controllers See 2013 Transportation Systems Monitoring Report http://www.vta.org/tsmp. PAVEMENT Current (2014) pavement conditions were downloaded from a new MTC website called “Vital Signs” which can be found here: http://www.vitalsigns.mtc.ca.gov/street-pavement-condition. MTC also published the PCI scores on their website here: http://www.mtc.ca.gov/news/street_fight/pci_2014.htm. Because of this new publishing platform, and the change from consultants to in-house work, there is some new data and there is some missing data. TSMP staff received some supplemental data from Local Streets and Roads working group (LSRWG), but this did not make up completely for the missing data. For instance, Figure 3 PCI for road types was provided by LSWG but MTC no longer provides information on percent of network by road type; however, this information should be relatively unchanged for at least a few years. A new development this year includes that MTC has, for the first time, published county wide PCI data going all the way back to 2001, for both yearly and 3-year averages. Prior to 2012 no raw network values were published and no county wide PCI values were regularly published by MTC; therefore, in previous TSMP Reports, 3-year rolling averages were used to develop a county-wide weighted average PCI prior to 2012. *Arterial % of system also includes express ways. MTC reports on pavement conditions yearly and TSMP staff had in the past collected and stored this data year to year in order to show trends in the data. This data relates the overall PCI and total number of lanes miles for each city and county. By MTC’s lead, the overall PCI is reported as a 3-year rolling average. It is worth repeating that PCI starts with human observation and interpretation; therefore, it is possible to receive different results year to year for the same condition. For 2013 pavement condition data, see MTC Website at http://www.mtc.ca.gov/news/press_releases/rel663.htm. For 2012 pavement condition data, see MTC website at http://www.mtc.ca.gov/news/pressreleases/ rel624.htm; for 2011 data: http://www.mtc.ca.gov/news/press_releases/rel586.htm; for 2010 data: http://mtc.ca.gov/library/potholereport/ index.htm. Caltrans Paving Asphalt price index was access from Caltrans’ website: http://www.dot.ca.gov/hq/esc/ oe/ac_index.html. Caltrans uses this index to adjust compensation according to the projects special provisions section called “Adjustments for Price Index Fluctuations.” The index is used to illustrate how paving costs have changed over time; however, TSMP staff is not yet able to equate a change in this price index with a dollar cost. BRIDGES The primary data source used for local bridges is a spreadsheet provided by Caltrans (called Local_Agency _Bridge_List _2014_10_31.xlsx) on their website here: http://www.dot.ca.gov/hq/LocalPrograms /hbrr99/hbrr99a.htm. This information is usually updated at least once a year. Unfortunately, as this list is updated, records from previous years are removed from website which makes it difficult to observe long-term trends, and TSMP staff must rely on previously downloaded records. Other data sources used to verify this list are: Caltrans Structure Maintenance & Investigations list http://www.dot.ca.gov/hq/structur/strmaint/local/localbrlist.pdf, FHWA NBI (National Bridge Inventory) 2014 ASCII Files http://www.fhwa.dot.gov/bridge/nbi/ascii.cfm?year=2014, and NationalBridges.com. FHWA NBI does provide a county-wide count of bridges along with a county of structurally deficient and functionally obsolete bridge; however, this county-wide SR includes both local and state owned bridges, and because of the nature of this report, a count of local assets and SR is preferred at this time. These sources are mainly used to obtain the SR of a particular bridge, which as stated in the report, is a combined structural/functional metric and is therefore not solely a measure of bridge structural integrity. The main challenge to TSMP staff is that no county-wide SR for local bridges is provided by Caltrans; therefore, TSMP staff must calculate an average SR for the entire county. Because of the shift in reporting 2016 TSMP Monitoring Report | 47 10.a Notes on Report format last year (2013), TSMP calculated an artificially high SR of 82.8 for the 2013 bridge conditions, but has now been corrected to SR of 78.3 in this year’s report. As Caltrans continues to publish BHI (bridge health index) data for local bridges, SR may eventually be replaced with BHI as TSMP’s measure of bridge condition. FREEWAY LITTER, LANDSCAPING AND GRAFFITI MAINTENANCE Caltrans did not provide TSMP staff with FY2014 LOS score reports for Santa Clara County; therefore there is a gap in our data trend in this report. Caltrans Maintenance LOS is not distributed to the public but is provided on a request only basis. Through yearly requests, TSMP has received enough data to begin showing trend graphs. Litter LOS goal is found in Caltrans’ FY 2011 Statewide LOS Report. Overall Roadway Maintenance LOS goal is 87 per the June 2-15 issue of “the Mile Marker” performance report by Caltrans Headquarters’. Information on current highway maintenance crews and their schedules is based on prior TSMP communication with Caltrans District 4 regional manager in 2012. To find more information or volunteer with Beautiful Day visit BeautifulDay.org. Initial identification of haul routes, gateways, and landfills/disposal sites, and definition of litter and landscape scales are referenced from: Litter Control and Landscape Maintenance Study for Freeways in Santa Clara County, T. Y. Lin International, Final Report, December 20, 2005. Monitoring locations were then selected by proximity to gateways, landfill/disposal site, and having a history of litter problems. Litter and landscape scales are also based upon concepts from Keep America Beautiful community appearance index rating scales. Graffiti scale was created by TSMP staff based initially from Western Australia’s graffiti management toolkit, Appendix D Graffiti Grading System, provided on their website here: http://www.goodbyegraffiti.wa.gov.au/local-councils/graffiti-management-toolkit Estimate of $11.2 million (using probationers) for annual freeway roadside maintenance for Santa Clara County is referenced from: Litter Control Pilot Program, US 101 between I-880 and Blossom Hill Road, Santa Clara Valley Transportation Authority, California Department of Transportation, August 2008. This estimate was created by applying the actual annual costs incurred during the pilot study. Estimate of Caltrans FY2014 maintenance costs were provided by Deputy Chief to TSMP staff; these estimates may or may not include outstanding invoices. ROADSIDE ASSETS A brief survey was designed by TSMP staff and sent to 17 local agencies of which 2 did not respond. Some questions did not apply to some agencies and there for the some agencies answered with “n/a”. For instance, some agencies do not own their own streetlights, instead local utility companies, such as PG&E, own and operate them. Some amount of local news was provided so this section includes some of the feedback provided by the respondents. Ramp meter information was taken from VTA board agenda packet for March 2016. Additional information about activity in 2015 was provided by VTA staff. ROADWAY SAFETY Provisional 2014 collision data was taken from the iSWITRS system: http://iswitrs.chp.ca.gov/Reports/jsp/ CollisionReports.jsp. Total collisions, injury collisions, fatal collisions, and property damage only collisions show in the TSMP report are taken from iSWITRS system Report 1 – Collisions and Victims By Motor Vehicle Involved and limited to Santa Clara County. The majority of this information can be obtained the Annual Report from Table 8F – Injury Collisions by County and Table 8D – Injury Collisions by County. It has been noticed that the iSWITRS system is continually updated while the SWITRS Annual Reports are not retroactively corrected; for example, 2012 SWITRS Annual Report Table 8A shows 82 fatal collisions and 6,639 injury collisions in Santa Clara county, whereas the iSWITRS Report 1 shows 83 fatal collisions and 6,640 injury collision. To be more straight forward, some of the categories shown in Figure 53 are combined crash types as defined by CHP. The following combined TSMP categories are correlated to CHP categories by (TSMP:CHP), Object: Fixed Object + Parked Motor Vehicle + Other Object, Motor Vehicle: Other Motor Vehicle + Motor Veh on Other RDWY, Other: Non-Collision + Animal + Not Stated. Figure 53 Data is taken from iSWITRS Report 1 not TIMS, which may be slightly different and do not provided all the same categories. Heat mapping and preliminary table data are provided by Safe Transportation Research and Education Center, University of California Berkeley, Transportation Injury Mapping System (TIMS) http://tims.berkeley.edu/. TIMS updated the provisional 2014 data from the CHP on May 20th 2016. For 2016 TSMP Monitoring Report | 48 10.a Notes on Report the TSMP report, TIMS data is used along with the heat maps but is not used to report the overall number of collusions by severity. Because of the limited reports available (from the CHP SWITRS system) that are limited on a county basis, there are currently no SWITR reports for “Type of Collision” on a county basis. According to CHP’s SWITR Glossary (http://www.chp.ca.gov/switrs/pdf /2012-glossary.pdf) a collision resulting in a “severe wound” is defined as an injury which prevents the injured party from walking, driving, or performing activities he/she was normally capable of before the collision. AIR QUALITY Annual Air Quality Index (AQI) annual median data from http://www.epa.gov/airdata/, accessed June 20th 2016. The AirData-Air Quality Index Summary Report displays an annual summary of Air Quality Index (AQI) values for Santa Clara County. Air Quality Index is an indicator of overall air quality, because it takes into account many different pollutants measured within a geographic area. Although AQI includes all available pollutant measurements, users should be aware that many areas have monitoring stations for some, but not all, of the pollutants. Air quality data is received from state agencies. Interactive maps of monitoring stations are available here: http://www.epa.gov/airdata/ad_maps.html. MODE SHARE 2012 1-year estimates journey to work mode data was taken from US Census Bureau’s website: http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_12_1YR_S080 1&prodType=table using their “FactFinder” search tool. 2011 can be found on US Census Bureau’s website: http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid= ACS_11_1YR_S0801&prodType=table. BIKEWAYS This information was researched by VTA planning staff by contacting local agencies and reviewing existing information. The information provided helps illustrate the progress being made to complete the goals set forth in the 2008 county bicycle plan. Over time, the goals and projects planned in the 2008 plan have changed and therefore a shifting target is experienced which could result in a decrease in percent complete calculations. Green bike lanes survey was provided by Matthew Jue from the City of Campbell. The informal survey was conducted in 2016 and was used to assist city staff in selecting green bike lanes construction materials and application types. 2016 TSMP Monitoring Report | 49 10.a Acknowledgements Acknowledgements PARTICIPATING AGENCIES: California Department of Transportation (Caltrans District 4) City of Campbell City of Cupertino City of Gilroy City of Los Altos Town of Los Altos Hills Town of Los Gatos City of Milpitas City of Monte Sereno City of Morgan Hill City of Palo Alto City of San Jose City of Santa Clara City of Saratoga City of Sunnyvale County of Santa Clara MOTT MACDONALD Kirk W. Meyer, PE, Engineer IV, Deputy Project Manager Ankit Sharma, EIT, Engineer III VTA PROJECT STAFF Eugene Maeda, Senior Transportation Planner, Project Manager Murali Ramanujam, Transportation Engineering Manager Casey Emoto, Deputy Director, Project Development Wilson Huges, Student Intern 2016 TSMP Monitoring Report | 50 10.b Home>Projects and Programs>Programs>Transportation System Monitoring Program Transportation System Monitoring Program Pavement Bridges Litter Pavement Conditions Landscape Roadside Safety Bike 10.b Home>Projects and Programs>Programs>Transportation System Monitoring Program Transportation System Monitoring Program Pavement Bridges Litter Road Litter Conditions Landscape Roadside Safety Bike 11 Date: Current Meeting: Board Meeting: August 30, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: FY 2016 SR 237 Express Lanes Annual Report FOR INFORMATION ONLY BACKGROUND: At its December 2008 meeting, the Santa Clara Valley Transportation Authority (VTA) Board of Directors approved the Silicon Valley Express Lanes Program (Program). The purpose of the Program is to provide congestion relief through the implementation of a roadway pricing system that allows for the use of unused capacity in carpool lanes. This is accomplished by allowing solo commuters to use the available capacity in the carpool lanes for a fee. The fee changes dynamically in response to existing congestion levels and the available capacity in the lanes. The result of these changes is the implementation of express lanes from what formerly were carpool lanes. Implementation of express lanes is also part of the Bay Area Regional Transportation Plan update that was approved by the Metropolitan Transportation Commission (MTC) on July 18, 2013. Specifically, the primary objectives of the Program are: 1. Provide congestion relief through more effective use of existing roadways; 2. Provide commuters with a new mobility option; and 3. Provide a new funding source for transportation improvements including public transit. DISCUSSION: This memorandum summarizes the fourth full fiscal year (7/1/15 -6/30/16) of operation for the SR 237 Express Lanes. The SR 237 Express Lanes have served over 2.4 million toll paying customers (about 19 percent of the just over 12.6 million users that have used the express lanes since inception). About 220,000 vehicle hours of travel time savings have been gained in the corridor since the express lanes opened for tolling on March 2012. Attached to this memorandum is the SR 237 Express Lanes Fiscal Year 2016 annual report. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 11 Below are key observations for Fiscal Year 2016 (FY 2016): HOV ONLY Mode Operations The express lane system is operated to maximize person throughout as much as possible while still maintaining speeds of 45 miles per hour or higher as much as possible in the express lanes by making use of the system’s ability to vary toll rates. If the flow rate in the express lane continues to increase to the point where travel in the express lane also begins to deteriorate with speeds dropping well below 45 mph, the system goes into HOV ONLY mode meaning that only HOVs (i.e., carpoolers) and HOV lane qualified vehicles are allowed in the express lane. FY 2016 saw the continued increase of traffic levels including increased use of the express lanes by clean air vehicles (CAVs) that resulted in the increase in the amount of HOV ONLY mode operations. Express Lanes Operations In FY 2016, the SR 237 Express Lanes maintained the performance standard of operating at 45 miles per hour (mph) and higher for about 96 percent of the express lanes operating hours. The four percent of time where speeds were lower than 45 mph included periods of time with HOV ONLY mode operations. During FY 2016, this HOV ONLY operations amounted to a total of about 181 hours (113 hours for the westbound AM commute period and 68 hours for the eastbound PM commute period) that equates to an average of about 40 minutes per day. In FY 2016, for the first-time the HOV ONLY restriction in the westbound AM commute period far exceeded the total for the eastbound PM commute period. The westbound AM commute period HOV ONLY restriction occurs due to congestion caused by the queue formed by SR 237 traffic merging onto northbound US 101 near Mathilda Avenue. Similarly, the eastbound PM commute period experiences HOV ONLY restrictions due to recurring downstream congestion on I-880 that occurs north of the Santa Clara County limits (north of Dixon Landing Road). Traffic volume served by the SR 237 Express Lanes during FY 2016 was over three million vehicles including both carpoolers and solo drivers (also referred to as single occupant vehicles or SOVs). This is an increase of over 35,000 vehicles over FY 2015. The non-tolled traffic grew by about 85,000 vehicles (three percent) while the amount of toll-paying customers decreased by about 50,000 (nine percent). The increase in non-tolled traffic is mainly attributable to the growth in CAVs that are allowed to use express lanes with a qualified decal sticker (green or white). Monthly spot counts by VTA staff within the SR 237 Express Lanes limits indicate that up to 30 percent of the total traffic volume consists of CAVs. The existing legislation qualifying CAVs as carpool lane eligible vehicles sunsets on January 1, 2019. In FY 2016, despite the overall increase in traffic usage levels, the SR 237 Express Lanes managed to provide travel time savings in the corridor of up to 7 minutes in both the westbound direction (between Dixon Landing Road and Great America Parkway) during the morning commute period and the eastbound direction during the evening commute peak. The travel time savings in both directions are significantly affected by downstream congestion beyond the SR 237 Express Lanes limits. Page 2 of 3 11 A six-month pilot project rolling back the double white lines from First Street to Zanker Road in the westbound direction of SR 237 was made permanent in FY 2016. This implementation allows carpoolers traveling westbound from Calaveras Boulevard in the City of Milpitas to access the express lanes earlier by about three-quarters of a mile. This striping modification was implemented in partnership between several agencies including the California Department of Transportation (Caltrans), CHP, the City of Milpitas and VTA. Enforcement The most common enforcement action addressed motorists crossing the double white lines. The majority of the double white line crossings (between 50 to 200 vehicles per hour) occurred between McCarthy Boulevard and Zanker Road during the peak commute period in the westbound direction of SR 237. The primary citation issued has been for carpool lane violations, amounting to about 52 percent of all citations (almost 1,700 total citations in FY 2016). VTA worked with the CHP to conduct focused enforcement activities on a periodic basis. Toll Rates Since opening of SR 237 Express Lanes in March 2012, the corridor has experienced a consistent increase in traffic volumes over the four years. Consistent with the increased traffic usage, the average toll rate in the corridor has increased. The average toll rate for FY 2016 was $2.60 compared to $2.30 for FY 2015. The maximum toll rate in the corridor for FY 2016 was $7.00. Toll Revenues and Expenses The SR 237 Express Lanes have been well used and have generated toll revenues that have exceeded projections. The average toll revenue per month for FY 2016 was about $104,000. This translates to an average revenue of about $4,800 per tolling day. The month of November was the lowest revenue month at about $79,300 while June was the highest at $121,400. Overall, the SR 237 Express Lanes resulted in positive net revenue over expenses of about $373,000, with gross toll revenue including investment earnings of $1,317,000 and total expense of $944,000. These are preliminary unaudited numbers as of August 16, 2016. Final audited number may vary. Prepared By: Murali Ramanujam Memo No. 5700 Page 3 of 3 11.a SR 237 Express Lanes tuu Fiscal Year 2016 Annual Report July 2016 11.a This page intentionally left blank 11.a LIST OF FIGURES Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: Figure 6: Figure 7: Figure 8: Figure 9: SR 237 Express Lanes Traffic Volumes & Revenue by Quarter .................................. 4 FY 2016 SR 237 Express Lanes – Switchable /FasTrak flex Tags usage ..................... 6 SR 237 Express Lanes Average Daily Tolled Vehicles by Month ............................... 7 SR 237 Express Lanes Monthly Tolled Vehicles Percentage ....................................... 8 FY 2016 SR 237 Express Lanes Average Traffic Volumes & Revenue....................... 9 FY 2016 SR 237 Express Lanes Average Toll Rate by Month................................... 10 FY 2016 SR 237 Tolled vs. Non-Tolled Traffic Volumes .......................................... 10 FY 2016 SR 237 Express Lanes Citations Issued by CHP ......................................... 11 FY 2016 SR 237 Express Lanes Westbound Average Double White Line Crossings between McCarthy Boulevard and Zanker Road ........................................................ 12 Figure 10: FY 2016 SR 237 Express Lanes Eastbound Double White Line Crossings between Zanker Road and McCarthy Boulevard ...................................................................... 13 Figure 11: FY 2016 SR 237 Westbound Express Lanes Average Corridor Speeds ..................... 15 Figure 12: FY 2016 SR 237 Eastbound Express Lanes Average Corridor Speeds ...................... 15 LIST OF TABLES Table 1: FY 2016 SR 237 Express Lanes Traffic Volumes & Revenue Performance .................. 3 Table 2: SR 237 Express Lanes Traffic Volumes & Revenue by Quarter .................................... 3 Table 3: FY 2016 SR 237 Express Lanes Westbound vs. Eastbound HOV Only Hours .............. 4 Table 4: FY 2016 SR 237 Express Lanes HOV ONLY Operations Summary ............................. 4 Table 5: FY 2016 SR 237 Express Lanes Tolled Vehicles by Direction....................................... 5 Table 6: FY 2016 SR 237 Express Lanes – Clean Air Vehicle Counts (AM Peak) ...................... 5 Table 7: FY 2016 SR 237 Express Lanes – Clean Air Vehicle Counts (PM Peak) ...................... 5 Table 8: FY 2016 SR 237 Express Lanes Traffic Volumes & Revenue by Month ....................... 9 Table 9: FY 2016 SR 237 Express Lanes Citation Statistics ........................................................ 11 Table 10: FY 2016 SR 237 Express Lanes Westbound Average Double White Line Crossings between McCarthy Boulevard and Zanker Road ........................................................ 12 Table 11: FY 2016 SR 237 Express Lanes Eastbound Double White Line Crossings between Zanker Road and McCarthy Boulevard ...................................................................... 13 Table 12: FY 2016 SR 237 Express Lanes Average Corridor Speeds ......................................... 14 SR 237 Express Lanes | FY 2016 Annual Report Page i 11.a This page intentionally left blank SR 237 Express Lanes | FY 2016 Annual Report Page ii 11.a Fiscal Year 2016: SR 237 Express Lanes Traffic Operations Summary During the Fiscal Year (FY) 2016, the SR 237 Express Lane (EL) served a total of about 3,092,000 vehicles, including 475,500 Single Occupant Vehicles (SOV) /tolled and 2,616,500 High Occupancy Vehicles (HOV) /non-tolled. The total lane utilization for the FY 2016 compared to FY 2015 increased by about 35,600 vehicles (1%), the total non-tolled vehicles increased by about 85,200 vehicles (4%), and the tolled vehicles decreased by about 49,600 vehicles (9%). The estimated toll revenue collected for the FY 2016 was approximately $1.24 million compared to $1.19 million from FY 2015, an increase of about $50,000 (5%). Overall, 55% of the tolled vehicles were in the westbound direction (from I-880 southbound to SR 237) and 45% in the eastbound direction (SR 237 to I-880 northbound).Westbound morning peak period tolled vehicles were approximately 50% of the total tolled vehicles and eastbound were approximately 34% during the afternoon peak period; the off-peak directions during both morning and afternoon periods combined is about 16% of the total tolled vehicles. Toll Rates The average toll rate for FY 2016 was $2.60 compared to $2.30 for FY 2015. On November 23, 2015, the maximum toll rate for the westbound morning direction was increased from $6.00 to $7.00, and the eastbound afternoon toll rate was increased from $5.00 to $6.00. The minimum toll rate for the morning and afternoon tolling period is $0.30 and $0.50 respectively. Clean Air Vehicle Volumes A sample vehicle counts of the Clean Air Vehicles (CAV) in the SR 237 EL conducted monthly during the FY 2016 indicates an average of about 30% in the westbound direction during the morning peak hour (8 a.m. - 9 a.m.); and about 25% in the eastbound direction during the evening peak hour (5 p.m. – 6 p.m.). HOV Only Operation The HOV Only operation activates when the corridor speed falls below the 45 mph during the EL hours of operation. During the FY 2016, the EL were restricted to HOV Only operation for a total of approximately 181 hours. The westbound morning commute consisted of about 113 hours while the eastbound evening commute had a total of about 68 hours. At an average this is about 40 minutes of HOV Only operations in a day. SR 237 Express Lanes | FY 2016 Annual Report Page 1 11.a Enforcement (California Highway Patrol) During the FY 2016 California Highway Patrol (CHP) issued a total of 1,743 citations, compared to 537 citations issued during FY 2015. CHP enforcement hours for FY 2016 totaled approximately 970 hours while FY 2015 were about 300 hours. VTA staff coordinated two CHP enforcement blitz, one in March and the second in April. The blitz enforcement occurred for a total of six days (March 1, 2016 - March 3, 2016 and April 26, 2016 – April 28, 2016). CHP issued a total of 447 citations during the two blitz periods. SR 237 Express Lanes Maintenance Activities Summary September 2015 - Caltrans repaved SR 237 between North First Street and Fair Oaks Avenue for both eastbound and westbound direction in September 2015. During the repaving, the express lanes in-pavement vehicle detectors along the WB SR 237 at First Street were replaced by TransCore staff in coordination with Caltrans staff and their contractors. October 7-8, 2015 - TransCore performed a semi-annual maintenance on the electronic toll system. A semi-annual maintenance is a two night scheduled preventive maintenance activity in addition to the weekly and monthly preventive maintenance. October 22, 2015 - TransCore replaced the in-pavement vehicle detector along the SR 237 eastbound near Zanker Road off-ramp. October 26 -29, 2015 - the express lane’s double white lines were restriped to improve visibility. March 14, 2016 - TransCore performed a semi-annual maintenance on the electronic toll system. A semi-annual maintenance is a two night scheduled preventive maintenance activity in addition to the weekly and monthly preventive maintenance. June 21, 2016 - TransCore replaced three in-pavement vehicle detector for the I-880 northbound lane 1 at Site 1 near Dixon Landing Road, Site 2 at the toll gantry, and Site 6 between Zanker Road and North First Street. In addition, TransCore also replaced the defective overhead laser for the northbound toll gantry. SR 237 Express Lanes | FY 2016 Annual Report Page 2 11.a Table 1: FY 2016 SR 237 Express Lanes Traffic Volumes & Revenue Performance Express Lanes Traffic Volumes Reporting Period FY 2016 Total Vehicles 3,091,906 Non-Tolled Vehicles 2,616,386 Tolled Vehicles 475,520 % Tolled Vehicles 15.4% Estimated Revenue $1,249,885 FY 2015 3,056,354 35,552 2,531,175 85,211 525,179 49,659 17.2% $1,196,099 $53,786 (1%) (4%) (-9%) (-1.8%) (5%) Net Difference Table 2: SR 237 Express Lanes Traffic Volumes & Revenue by Quarter Express Lanes Traffic Volumes Total Vehicles Period FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 TOTAL NonTolled Vehicles Tolled Vehicles % Tolled Vehicles Estimated Revenue Q3* 75,639 62,520 13,119 17.34% $ 20,627 Q4 624,677 496,970 127,707 20.44% $ 198,547 Q1 670,350 536,073 134,277 20.03% $ 206,773 Q2 673,951 527,996 145,955 21.66% $ 249,107 Q3 709,004 543,542 165,462 23.34% $ 282,404 Q4 713,015 533,427 179,588 25.19% $ 311,612 Q1 752,504 590,658 161,846 21.51% $ 310,622 Q2 722,422 577,768 144,654 20.02% $ 289,141 Q3 743,734 593,055 150,679 20.26% $ 313,103 Q4 781,245 629,678 151,567 19.40% $ 312,455 Q1 779,572 634,809 144,763 18.57% $ 309,437 Q2 722,025 602,072 119,953 16.61% $ 257,832 Q3 758,050 627,415 130,635 17.23% $ 291,426 Q4 796,707 666,879 129,828 16.30% $ 337,405 Q1 787,719 665,723 121,996 15.49% $ 298,411 Q2 735,181 624,615 110,566 15.04% $ 274,843 Q3 767,141 648,510 118,631 15.46% $ 337,924 Q4 801,865 12,614,801 677,538 10,239,248 124,327 2,375,553 15.50% 18.8% $ 338,707 $ 4,940,376 Total Estimated Revenue $ 219,175 $ 1,049,897 $ 1,225,320 $ 1,196,099 $ 1,249,885 *FY 2012 Q3 include only two weeks of March. SR 237 Express Lanes | FY 2016 Annual Report Page 3 11.a Figure 1: SR 237 Express Lanes Traffic Volumes & Revenue by Quarter 900,000 $400,000 800,000 $350,000 700,000 $300,000 $250,000 500,000 $200,000 400,000 $150,000 300,000 200,000 $100,000 100,000 $50,000 0 Revenue Traffic Volumes 600,000 $- FY 2012 FY 2013 FY 2014 Toll Non-Toll FY 2015 FY 2016 Total Revenue Table 3: FY 2016 SR 237 Express Lanes Westbound vs. Eastbound HOV Only Hours Reporting Period Westbound (HH:MM) Eastbound (HH:MM) Total (HH:MM) FY 2016 113:44 67:41 181:25 FY 2015 60:37 299:14 359:51 Table 4: FY 2016 SR 237 Express Lanes HOV ONLY Operations Summary Day Monday Tuesday Wednesday Thursday Friday TOTAL FY 2015, Total % of Net Time Avg. Tolling (HH:MM) Time/Day Hours1 51:16 5.8% 0:58 80:57 9.2% 1:32 80:01 9.1% 1:32 85:11 9.6% 1:38 62:26 7.1% 1:12 359:51 8.1% 1:23 FY 2016, Total % of Net Time Avg. Tolling (HH:MM) Time/Day Hours1 0:33 28:50 3.3% 0:57 50:30 5.7% 0:52 46:15 5.2% 0:48 41:40 4.7% 0:16 14:10 1.6% 181:25 4.1% 0:41 1 Percentage based on total daily (17 hours) and quarterly (1105 hours) operating hours for Express Lanes SR 237 Express Lanes | FY 2016 Annual Report Page 4 11.a Table 5: FY 2016 SR 237 Express Lanes Tolled Vehicles by Direction Direction AM PM Total Percentage Westbound 239,334 (50%) 51,420 (11%) 290,755 61% Eastbound 23,411 (5%) 161,355 (34%) 184,765 39% TOTAL 262,745 (55%) 212,775 (45%) 475,520 Table 6: FY 2016 SR 237 Express Lanes – Clean Air Vehicle Counts (AM Peak) SOV CAV HOV Total Vehicles Quarter 1 Average 274 350 980 1,604 Westbound (8 a.m. – 9 a.m.) Quarter 2 Quarter 3 Quarter 4 Average Average Average 197 210 200 401 562 556 898 797 794 1,496 1,569 1,550 Total Average 220 467 867 1,555 Percent 14% 30% 56% 100% Table 7: FY 2016 SR 237 Express Lanes – Clean Air Vehicle Counts (PM Peak) SOV CAV HOV Total Vehicles Quarter 1 Average 162 243 863 1,268 Eastbound (5 p.m. – 6 p.m.) Quarter 2 Quarter 3 Quarter 4 Average Average Average 163 228 218 281 329 319 811 897 694 1,255 1,454 1,231 Total Average 193 293 816 1,302 Percent 15% 23% 62% 100% The average Clean Air Vehicle (CAV) counts for the FY 2016 is based on an average of total 12 counts performed during the peak commute hour. This spot based count for the express lane was conducted near Zanker Road interchange. SR 237 Express Lanes | FY 2016 Annual Report Page 5 11.a Figure 2: FY 2016 SR 237 Express Lanes – Switchable /FasTrak flex Tags usage 14,000 12,000 No of flex tags 10,000 8,000 6,000 4,000 2,000 HOV3+ HOV2 SOV July '15 81 190 189 Aug '15 124 231 369 Sep '15 219 313 534 Oct '15 259 410 852 Nov '15 372 429 740 Dec '15 435 477 749 Jan '16 739 755 846 Feb '16 1,156 1,088 1,223 SR 237 Express Lanes | FY 2016 Annual Report Mar '16 2,789 2,774 2,529 Apr '16 3,365 3,659 2,904 May '16 4,149 4,313 3,316 June '16 4,733 4,760 3,832 Page 6 11.a Figure 3: SR 237 Express Lanes Average Daily Tolled Vehicles by Month 3000 FY 2013 2500 FY 2014 FY 2012 FY 2015 FY 2016 Tolled Vehicles 2000 1500 1000 500 0 Month FY 2012 FY 2013 FY 2014 FY 2015 SR 237 Express Lanes | FY 2016 Annual Report FY 2016 Page 7 11.a Figure 4: SR 237 Express Lanes Monthly Tolled Vehicles Percentage 30% FY 2013 25% FY 2012 20% Toll Percentage FY 2014 FY 2015 15% FY 2016 10% 5% 0% Month FY 2012 FY 2013 FY 2014 SR 237 Express Lanes | FY 2016 Annual Report FY 2015 FY 2016 Page 8 11.a Table 8: FY 2016 SR 237 Express Lanes Traffic Volumes & Revenue by Month FY 2016 Express Lanes Traffic Volumes Period Month Tolled Vehicles July August September October November December January February March April May June 41,563 41,454 38,979 40,821 33,541 36,204 36,538 38,963 43,130 40,266 42,241 41,820 NonTolled Vehicles 225,353 216,393 223,977 230,044 200,292 194,279 203,034 211,270 234,206 217,408 225,335 234,795 Total Vehicles % Tolled Vehicles 266,916 257,847 262,956 270,865 233,833 230,483 239,572 250,233 277,336 257,674 267,576 276,615 15.6% 16.1% 14.8% 15.1% 14.3% 15.7% 15.3% 15.6% 15.6% 15.6% 15.8% 15.1% Estimated Revenue $ $ $ $ $ $ $ $ $ $ $ $ 104,236 101,854 92,321 101,307 79,330 94,207 101,830 109,880 126,214 102,007 115,254 121,446 Figure 5: FY 2016 SR 237 Express Lanes Average Traffic Volumes & Revenue 300,000 $120,000 250,000 $100,000 200,000 $80,000 150,000 $60,000 100,000 $40,000 50,000 $20,000 0 Revenue $140,000 Traffic Volumes 350,000 $- Toll Non-Toll SR 237 Express Lanes | FY 2016 Annual Report Total Revenue Page 9 11.a Figure 6: FY 2016 SR 237 Express Lanes Average Toll Rate by Month $3.50 $3.00 $2.5 $2.5 Toll Rate $2.50 $2.4 $2.5 $2.6 $2.8 $2.8 $2.9 $2.7 $2.9 $2.5 $2.4 $2.00 $1.50 $1.00 $0.50 $0.00 Figure 7: FY 2016 SR 237 Tolled vs. Non-Tolled Traffic Volumes 475,520 (15.4%) 2,616,386 (84.6%) Toll SR 237 Express Lanes | FY 2016 Annual Report Non-Toll Page 10 11.a Figure 8: FY 2016 SR 237 Express Lanes Citations Issued by CHP Mechanical (7%) Primary Collision Factor (9%) DWL Crossing (27%) Cell Phone (2%) DWL Crossing Seatbelt (1%) Carpool Speed Speed (2%) Seatbelt Cell Phone Primary Collision Factor Mechanical Carpool (52%) Table 9: FY 2016 SR 237 Express Lanes Citation Statistics Month July August September October November December January February March April May June Total Total Citations 40 107 101 90 51 85 92 316 286 312 150 113 1,743 Verbal Warnings* 12 27 20 22 6 30 39 61 28 10 16 6 277 DWL Crossing 0 37 27 29 14 28 20 113 65 91 27 20 471 Carpool 32 45 49 19 35 18 45 93 200 198 89 75 898 Speed 1 1 3 2 1 10 0 14 2 2 2 0 38 Seatbelt 0 2 1 1 0 2 2 2 1 3 1 0 15 Cell Phone 2 1 4 2 0 3 5 8 6 2 0 9 42 Primary Collision Factor 5 15 6 17 0 9 11 55 7 7 18 4 154 Mechanical 0 6 11 20 1 15 9 31 5 9 13 5 125 Hours 24 64 60 60 32 56 64 184 143 148 86.3 48 969.3 * Verbal warnings are not included in the Total Citations. SR 237 Express Lanes | FY 2016 Annual Report Page 11 11.a Table 10: FY 2016 SR 237 Express Lanes Westbound Average Double White Line Crossings between McCarthy Boulevard and Zanker Road Time 5 am 6 am 7 am 8 am 9 am 10 am 11 am 12 pm 1 pm 2 pm 3 pm 4 pm 5 pm 6 pm Quarter 1 Average Quarter 2 Average Quarter 3 Average Quarter 4 Average Total Hourly Average Total EL Hourly Volume (05/11/16) Violation Percent 111 144 139 146 169 244 97 65 76 76 47 75 215 103 98 136 136 148 173 174 53 51 65 64 35 74 158 52 108 141 123 110 163 180 41 35 53 40 27 50 138 43 126 141 133 119 156 247 58 42 61 58 31 57 191 62 111 141 133 131 165 211 62 48 64 60 35 64 176 65 700 1,329 1,619 1,733 1,679 1,695 752 505 561 500 241 358 566 344 15.8% 10.6% 8.2% 7.5% 9.8% 12.5% 8.3% 9.6% 11.4% 11.9% 14.6% 17.9% 31.0% 18.9% Figure 9: FY 2016 SR 237 Express Lanes Westbound Average Double White Line Crossings between McCarthy Boulevard and Zanker Road 250 Violators 200 150 100 50 0 5am 6am 7am 8am 9am 10am 11am 12pm 1pm Time of Day SR 237 Express Lanes | FY 2016 Annual Report 2pm 3pm 4pm 5pm 6pm Page 12 11.a Table 11: FY 2016 SR 237 Express Lanes Eastbound Double White Line Crossings between Zanker Road and McCarthy Boulevard Time Quarter 1 Average Quarter 2 Average Quarter 3 Average Quarter 4 Average Total Hourly Average Total EL Hourly Volume (05/11/16) Violation Percent 0 -5 -11 -17 -49 -23 -13 -20 -40 -43 -15 -9 -24 -30 -1 -3 -12 -9 -31 -25 -12 -17 -26 -38 -10 -2 4 -8 -1 -3 -12 -9 -31 -25 -12 -17 -26 -38 -10 -2 4 -8 -3 -5 -7 -14 -34 -14 -16 -24 -35 -51 -15 5 45 0 -1 -4 -10 -12 -36 -22 -13 -19 -32 -43 -12 -2 7 -12 49 94 243 276 706 551 680 847 1,100 1,705 1,228 1,357 1,451 1,250 -2.6% -4.3% -4.2% -4.5% -5.1% -3.9% -2.0% -2.3% -2.9% -2.5% -1.0% -0.1% 0.5% -0.9% 5 am 6 am 7 am 8 am 9 am 10 am 11 am 12 pm 1 pm 2 pm 3 pm 4 pm 5 pm 6 pm * Negative number indicates vehicles exiting the express lanes between Zanker Boulevard and Calaveras Boulevard Figure 10: FY 2016 SR 237 Express Lanes Eastbound Double White Line Crossings between Zanker Road and McCarthy Boulevard 50 40 30 Violators 20 10 0 -10 -20 -30 -40 -50 5am 6am 7am 8am 9am 10am 11am 12pm 1pm Time of Day 2pm 3pm 4pm 5pm 6pm * Negative number indicates vehicles exiting the express lanes between Zanker Boulevard and Calaveras Boulevard SR 237 Express Lanes | FY 2016 Annual Report Page 13 11.a Table 12: FY 2016 SR 237 Express Lanes Average Corridor Speeds Time 12:00 a.m. 1:00 a.m. 2:00 a.m. 3:00 a.m. 4:00 a.m. 5:00 a.m. 6:00 a.m. 7:00 a.m. 8:00 a.m. 9:00 a.m. 10:00 a.m. 11:00 a.m. 12:00 p.m. 1:00 p.m. 2:00 p.m. 3:00 p.m. 4:00 p.m. 5:00 p.m. 6:00 p.m. 7:00 p.m. 8:00 p.m. 9:00 p.m. 10:00 p.m. 11:00 p.m. Average Westbound Average Eastbound 71 70 67 70 61 70 73 70 76 72 72 73 61 72 48 70 42 69 46 69 51 69 70 69 71 69 71 68 72 63 71 58 69 55 64 51 67 52 70 57 71 66 71 68 72 69 72 70 The highlighted hours represents the EL hours of operation Average speeds for the FY 2016 SR 237 westbound is based on an average of five vehicle detector stations (VDS) between I-880 and North First Street, and a total of 36 weekdays (3 days /month). Average speeds for the FY 2016 SR 237 eastbound is based on an average of three VDS between Zanker Road and I-880, and a total of 36 weekdays (3 days /month). The sample data was collected during a typical weekday (Tuesday – Thursday), and does not include rainy day, major traffic incidents, and is not taken before/after a public holiday. SR 237 Express Lanes | FY 2016 Annual Report Page 14 11.a Figure 11: FY 2016 SR 237 Westbound Express Lanes Average Corridor Speeds 80 70 Spped (mph) 60 50 45 40 30 20 10 0 Non EL Hours EL Hours Time of Day EL hours of operations for the westbound SR 237 are 5 a.m. – 10 a.m. and 3 p.m. – 7 p.m. Figure 12: FY 2016 SR 237 Eastbound Express Lanes Average Corridor Speeds 80 70 Spped (mph) 60 50 45 40 30 20 10 0 Time of Day Non EL Hours EL Hours EL hours of operations for the eastbound SR 237 are 5 a.m. – 9 a.m. and 3 p.m. – 7 p.m. SR 237 Express Lanes | FY 2016 Annual Report Page 15 12 Date: Current Meeting: Board Meeting: August 31, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: Third-party Agreements of Voluntary Contributions and Programming of VRF Funds to Transportation Improvement Projects Policy-Related Action: Yes Government Code Section 84308 Applies: No ACTION ITEM RECOMMENDATION: Recommend that the VTA Board of Directors authorize the General Manager to negotiate and enter into cooperative funding agreements with the City of Santa Clara in the amount of $16.164 million for its voluntary contribution and with the City of Sunnyvale for an amount up to $11.380 million to help fund mutually defined regional transportation improvements to be delivered by the Santa Clara Valley Transportation Authority, and to approve $4 million in Vehicle Registration Fee matching funds for the SR 237 Express Lanes Phase 2 project. BACKGROUND: As noted by the California Department of Finance, Santa Clara County is the fastest growing county in California and as the economic recovery continues, the demand for housing and business has triggered rapid construction and development trends in the region. Many of these land development projects, especially those closest to freeway ramps, are projected to result in additional traffic congestion on the already congested freeways. Left unchecked, this congestion may inhibit the region’s ability for sustained growth and innovation in the years ahead. Moreover, the ability to add freeway capacity is no longer an option due to right-of-way, financial and environmental constraints. Agencies in Santa Clara County have recognized the need to strike a balance between economic growth and traffic efficiency and are leading the way in bringing forward potential solutions. One outcome has been implementation of innovative approaches to fund improvements of freeway, transit and other regional facilities as mitigation measures to address traffic impacts 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 12 linked to land development projects. Working with its Congestion Management Program (CMP) member agencies, the Santa Clara Valley Transportation Authority (VTA) has developed the following structure for a program of voluntary contributions to regional transportation improvements: VTA, as the Congestion Management Agency for Santa Clara County, comments on documents supporting the development of land use projects with respect to how these projects may affect CMP facilities, including freeways, County expressways, CMP intersections, bicycle and pedestrian facilities, and the transit system; A member agency approving a land use project, in its role as the California Environmental Quality Act (CEQA) Lead Agency, may choose to condition project approval with a voluntary contribution from the developer toward regional transportation improvements to offset identified impacts to regional transportation facilities (including the citing of the contribution in the CEQA document); he member agency could execute an agreement to transfer funds to VTA or other agencies for use on the specified regional transportation projects. This process was discussed at length and developed with VTA Technical Advisory Committee's (TAC's) working groups: Systems Operations and Management (SOM) Working Group and the Land Use/Transportation Integration (LUTI) Working Group. Information on the process was shared with the VTA Board of Directors at its March 2014 meeting and also shared with the Citizens Advisory Committee (CAC), TAC, Policy Advisory Committee (PAC) and the Congestion Management Program and Planning (CMPP) Committee in February 2014. The consensus from all committees was that this structure of voluntary contributions offers a useful tool for local agencies to consider when reviewing development projects and provides guidance for pursuing contributions. Additionally, it provides VTA and others a consistent approach to commenting on regional projects and benefits that are mutually beneficial to countywide jurisdictions such as VTA and local jurisdictions. Regional transportation projects that receive funding from voluntary contributions would improve overall mobility in Santa Clara County and thereby increase business competitiveness, economic vitality and quality of life for its residents. Table 1 summarizes a list of benefits. Table 1: Benefits of Voluntary Contributions Consistent Review Process and Collection of Funds More Streamlined CEQA Process Related to Freeway Impacts Ability to better assess and approve development projects that otherwise would be rejected due to unmitigated significant adverse impacts Transportation projects will receive necessary capital Establishment of Mitigation Options Reduction of Congestion Impacts Business Competiveness and Economic Vitality Overall Mobility Improvements Page 2 of 4 12 Separately, Senate Bill 83 (Hancock) was signed into law in 2009 authorizing countywide transportation agencies such as VTA to implement a Vehicle Registration Fee (VRF) of up to $10 on motor vehicles registered within the county for transportation programs and projects. The voters of Santa Clara County approved a VRF by majority vote on November 2, 2010. The Board adopted an expenditure plan allocating the revenue to transportation-related programs and projects that have a relationship or benefit to the persons who pay the fee. This plan dedicates 80% of the VRF revenues to the Local Road Improvement and Repair Program, in which the revenue is returned directly to Member Agencies based on each city/town’s population and the County of Santa Clara’s road and expressway lane mileage. Another 15% of the revenue is directed to the “Countywide Program.” On December 10, 2015, the VTA Board of Directors Program adopted a three-year “Countywide Program” for FY2015/16 through FY2017/18 as follows: 1. On August 4, 2016, the VTA Board allocated $4.5 million for Intelligent Transportation System projects. 2. Reserve the remaining funds for matching funds for regional roadway transportation projects included in the adopted Valley Transportation Plan. Approximately $8 million is available for programming under this category. Up to the remaining 5% of the VRF revenue is reserved for Program Administration, with unused funds reverting to the “Countywide Program” and added to the 15% discussed above. DISCUSSION: Two large-scale land-use projects under development in Santa Clara County have been approved with conditions related to the providing of funding for regional transportation improvements and/or studies. CityPlace Santa Clara In the City of Santa Clara, CityPlace Santa Clara is a proposed multi-phased, mixed-use development of approximately 240 acres of city-owned land that includes a new urban center with a retail and entertainment district, office development and residential uses, as well as outdoor amenities, infrastructure, parkland, and open space. The Draft Environmental Impact Report (DEIR) for City Place Santa Clara dated October 2015, found significant impacts related to adverse traffic impacts on US 101 and SR 237. In order to mitigate these impacts, the City of Santa Clara as the lead agency under CEQA, included a provision as a condition for project approval for the project developer, Related Santa Clara LLC, to contribute $16.164 million towards planned regional transportation projects identified in the Valley Transportation Plan (VTP) 2040 document. One of the recommended projects was SR 237 Express Lanes: North First Street to Mathilda Avenue (also referred to as SR 237 Express Lanes Phase 2). This project would improve freeway operations in the CityPlace Santa Clara affected freeway segments and enhance traffic carrying capacity for SR 237. Page 3 of 4 12 The SR 237 Express Lanes Phase 2 project is scheduled to complete design at the end of 2016 with construction contract advertisement planned for early 2017. The construction cost for the SR 237 Express Lanes Phase 2 project is approximately $20 million. The CityPlace Santa Clara funds covers most of the construction cost. Because of the countywide significance of the SR 237 Express Lanes Phase 2 project, staff additionally recommends that the VTA Board program $4 million in VRF matching funds to cover the remaining construction funding gap. The combination of the CityPlace Santa Clara voluntary contribution and the $4 million in VRF matching funds will help ensure that the SR 237 Express Lanes Phase 2 project continues to progress as scheduled. Moffett Towers II In the City of Sunnyvale, the Moffett Towers II project is a 47.4 acre site proposed as an office complex development. To mitigate the project’s impact to existing freeway segments; as a condition of project approval, the City of Sunnyvale identified a freeway voluntary contribution of $380,000 to the SR 237 Express Lanes Phase 2 project. In addition, the City of Sunnyvale, included a provision in the development agreement for the project landowner, MT II LLC, to contribute $11 million towards the improvements under development at the US 101/SR 237/Mathilda interchange. Agreements The transfer of voluntary contributions from the lead agency for the conditioned land development project to a regional transportation improvement requires an agreement between the jurisdictional agencies. In the case of VTA, the General Manager requires Board authorization to negotiate and execute grant agreements above $1 million. VTA staff recommends that the Board of Directors authorize the General Manager to enter into negotiations and execute the necessary agreements with the cities of Santa Clara and Sunnyvale for the funding identified above. Upon execution of agreements, VTA will be eligible to receive the approximately $27.5 million in contributions towards the delivery of important transportation projects. ALTERNATIVES: The VTA Board could decide to forego the identified voluntary contributions from the cities of Santa Clara and Sunnyvale and/or decline to program the VRF funds to the SR 237 Express Lanes project. FISCAL IMPACT: VTA will receive $16.164 million from the City of Santa Clara and up to $11.380 million from the City of Sunnyvale towards transportation improvement projects to be delivered by VTA. This action would also make $4 million in VRF matching funds available to the SR 237 Express Lanes Phase 2 project. Prepared by: Lam Trinh Memo No. 5671 Page 4 of 4 13 Date: Current Meeting: Board Meeting: August 31, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: Vehicle Registration Fund Advance: City of Gilroy North First Street Paving Policy-Related Action: No Government Code Section 84308 Applies: No ACTION ITEM RECOMMENDATION: Recommend that the VTA Board of Directors approve up to a $5.5 million advance of Vehicle Registration Fee (VRF) Program funding to the City of Gilroy for the First Street repaving project. BACKGROUND: Senate Bill 83 (Hancock) was signed into law in 2009 authorizing countywide transportation agencies such as VTA to implement a Vehicle Registration Fee (VRF) of up to $10 on motor vehicles registered within the county for transportation programs and projects. The voters of Santa Clara County approved a VRF by majority vote on November 2, 2010. The VTA Board of Directors adopted an annual expenditure plan allocating the VRF revenue to transportation-related programs and projects that have a relationship or benefit to the persons who pay the fee. The VRF expenditure plan dedicates 80% of the VRF revenues to the Local Road Improvement and Repair Program. This revenue is returned directly to Member Agencies based on a formula based on each city/town’s population and the County of Santa Clara’s road and expressway lane mileage. An additional 15% of the VRF revenue is directed to the Countywide Program. The Countywide Program consists of 1) Intelligent Transportation System (ITS) projects allocated through a competitive process, and 2) Project Match program which can provide a funding match, at the Board of Directors’ discretion, to projects included in the Valley Transportation Plan. The remaining five percent of the VRF revenue is reserved for Program Administration. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 13 Unexpended annual Program Administration funds are returned to the Countywide Program discussed above. VRF receipts and interest received between July 1, 2015 through June 30, 2016 is $16,332,112. The total VRF program receipts to date is $76,901,059. DISCUSSION: The City of Gilroy has requested up to a $5.5 million advance of funding from the VRF 80% Local Road Improvements and Repair Program funds to reconstruct and repave the urban sections of State Route 152 (SR 152), also referred to as First Street. The First Street project scope is approximately 11,700 centerline feet of mostly 5-lane travel way repaving, lane restriping, and traffic signal loop replacements. The specific street sections are: First St. from Santa Teresa Blvd. to Monterey St. Monterey St. from First St. to Leavesley Rd. Leavesley Rd. from Monterey Street to Murray Ave. As these sections of First Street are part of SR 152, Caltrans is responsible for the maintenance and repair of the roadway. Caltrans District 4 staff are in the process of preparing the preliminary reports needed to submit this project to compete for funding in Caltrans’ State Highway Operations and Protection Program (SHOPP). Caltrans’ preliminary cost estimate is approximately $5.5 million. If Caltrans is successful in funding the project, the money should be available for construction in 2021. First Street (SR 152) is in very poor condition with average Pavement Condition Indices (PCI) in the low 50’s. A PCI of 70 is generally when a road becomes a candidate for repaving. The street provides essential circulation through the City of Gilroy, and the City is very interested in accelerating the rehabilitation project. The City will be replacing the water line on this section of First Street in 2017/2018. Caltrans, City and VTA staff agree that it would be more efficient and cost effective to perform the repaving of the roadway at the same time the water line is scheduled to be replaced. To that end, the City of Gilroy has requested a commitment from Caltrans to reimburse the City from the SHOPP in 2021 if Gilroy advances the paving project with other funds. The City of Gilroy receives approximately $300,000 per year in formula funding from the Vehicle Registration Fee program. The advance of funds would represent approximately 15 years of annual allocations to the City of Gilroy. VTA staff recommends that the VTA Board of Directors advance up to $5.5 million to Gilroy from the VRF program. The funds would be allocated to Gilroy on a cash flow basis as funds are required for construction in 2018. If the City of Gilroy is successful in reaching a repayment agreement with Caltrans for the SHOPP funding, the City would be able to repay the VRF program earlier. Should the City fail to collect SHOPP funding, the VRF funds would be repaid, over time, from the City of Gilroy's Page 2 of 3 13 annual formula allocation. The VRF program has the available funds to meet the 80% annual commitments to the other cities and County. ALTERNATIVES: The VTA Board of Directors may decline to advance the funds, or advance an alternative amount. FISCAL IMPACT: There is no fiscal impact to this action because the VRF matching funds are simply being advanced to the City of Gilroy in order to expedite the North First Street paving project. Prepared by: Marcella Rensi Memo No. 5718 Page 3 of 3 14 Date: Current Meeting: Board Meeting: August 29, 2016 September 7, 2016 September 1, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Chief Operating Officer, Inez Evans SUBJECT: Bus Shelter Enhancement Strategy Update FOR INFORMATION ONLY BACKGROUND: Bus stops are the first place where transit passengers interact with VTA’s service. The type and quality of passenger amenities at bus stops are key indicators of the quality of the transit service itself. With the current VTA bus shelters approaching the end of their life-cycle, VTA has an opportunity to enhance its bus shelters to improve passenger comfort, protection, accessibility, and safety. VTA currently has 557 bus shelters under a contract with Clear Channel Outdoor (CCO). CCO is responsible for installing, maintaining, cleaning, and repairing bus shelters in exchange for the right to sell and post advertising on 75% of the shelters. The vendor shares advertising revenue with VTA and member cities of the Transit Shelter Advertising Program (TSAP). The TSAP shelter locations were selected based on a mix of factors including ridership, advertising viability, and distribution between member jurisdictions. VTA initiated the agreement with CCO on October 31, 1995 and is on its final two-year extension, which expires October, 31 2017. VTA’s main motivation for the agreement was to reduce expenses by passing the shelter maintenance and capital construction activities to the contractor. Based on passenger input, VTA is considering a new shelter design, expanded sites, and adding lit shelters and other features where feasible. When the agreement ends in 2017, VTA will take ownership and maintenance responsibility of the CCO shelters from the current TSAP agreement. Replacing the current bus shelters with new bus shelters is an opportunity for VTA to implement the Transit Passenger Environment Plan (TPEP). The TPEP provides the policy framework to allocate shelters (and other bus stop amenities) by ridership. The passenger survey conducted for the TPEP identified bus shelters as the second most important amenity at bus stops, with 46% of respondents ranking bus shelters as the most important bus stop amenity. The TPEP identifies a 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 14 new shelter design concept (clear, customizable and modern), which is scalable in terms of size and amenities, based on ridership at the bus stop. The design is adaptable to constraints in the built environment. Examples of the TPEP shelter concept are available for review in Attachments A and B. DISCUSSION: Shelter Design VTA has developed specifications for a new request for proposals for a new standard VTA bus shelter. The new VTA standard shelter will have a new, modern design, which considers the needs of disabled passengers, and is fully compliant with the Americans with Disabilities Act by providing room for passengers with wheelchairs or mobility devices to wait for buses inside of the shelters. Sidewalk improvements to improve accessibility will accompany the installation of the new VTA shelters. Feedback from VTA passengers recommended clear shelter panels to enhance security in VTA bus shelters. Taking this input, the shelter design includes clear glass panels, to improve visibility at bus shelters. The shelter design also includes options for windscreens, advertising panels, trash receptacles, solar lighting, and real-time information (RTI) signs. Shelter Needs With the current bus shelters reaching the end of their 20-year useful life span, VTA has an opportunity to change its standard shelter. There are currently 557 bus shelters in the VTA bus network. To meet the TPEP ridership standards for shelters at bus stops, an additional 150 shelters will be added to the bus network, for a total of 707 bus shelters. Priority locations for shelter replacement and new shelter installations include transit centers, the West San CarlosStevens Creek Corridor, El Camino Real, and Santa Clara-Alum Rock Corridor. Replacing the existing VTA 557 bus shelters is estimated to cost $25.3 million dollars, and expanding the number of shelters to implement the TPEP is estimated to cost $6.8 million, totaling $32 million to enhance the shelter program. The cost will include site assessment, design and engineering, accessibility improvements, procurement and installation. Next Transit Shelter Advertising Agreement VTA plans to release a Request for Proposal (RFP) for a shelter agreement next year, with a new agreement to take effect in November 2017. This new shelter advertising agreement presents an opportunity for VTA to establish a design for a new standard VTA shelter, new advertising technology, an updated advertising revenue arrangement, and a new maintenance agreement. Options for new advertising technology, including digital ads and Bluetooth proximity marketing, and enhanced digital advertising at VTA-owned transit centers will be encouraged in the RFP. ADVISORY COMMITTEE DISCUSSION/RECOMMENDATION: At their August 10, 2016 meeting, the Citizens Advisory Committee had this item on their agenda. The item was deferred to a future meeting. Page 2 of 3 14 The Technical Advisory Committee received this item at their August 11, 2016 meeting. The City of San Jose commended VTA on its effort to improve information signs at bus stops and requested VTA coordinate its effort with the City's wayfinding sign effort. Prepared By: Rodrigo Carrasco Memo No. 5660 Page 3 of 3 14.a 14.b 15 Date: Current Meeting: Board Meeting: August 29, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: Next Network: Light Rail Service Plan Recommendation FOR INFORMATION ONLY BACKGROUND: In 2017, the BART to Silicon Valley Phase I extension will be complete and VTA will adjust both light rail and bus services to better serve the VTA-BART connections at the Milpitas and Berryessa BART stations. The VTA Light Rail to BART connection will be at the Montague Light Rail station, and VTA will modify the light rail service plan to better serve this connection as well as the ongoing needs of Santa Clara Valley residents and workers. VTA is currently conducting an extensive outreach effort concerning the upcoming operating plan changes planned for the fall of 2017. This effort, known as VTA’s Next Network Plan, has largely focused on the design of the bus network as the question being posed by VTA (“how should we balance funding for ridership- and coverage-purposed services?”) pertains to geographical allocation of transit routes and is less applicable to light rail, which is restricted to operating on tracks. However, themes such as frequency, connectivity and hours of operation apply to both modes and are being analyzed in tandem. In May 2016, staff brought, for review, three different operating plans with three different optional enhancements to the VTA Board of Directors. Staff recommended Scenario 2, with the Commuter Express and Winchester increased frequency optional enhancements. Staff was asked to return to the Board of Directors with an update on the recommended scenario with additional details. DISCUSSION: The recommended light rail operating plan includes the following changes (Attachment A): A new line from Alum Rock to Mountain View, operating all day and making every stop. This new line would double the Light Rail service at the Milpitas BART Station. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 15 The existing Winchester to Mountain View line would be modified to a Winchester to Old Ironsides line. The service would be improved from the current 15 minute peak hour frequencies to 15 minute frequencies all day. The Commuter Express, which currently operates three trips each peak period between Santa Teresa and Baypointe, would operate from Santa Teresa to St. James Station and be Expanded to six trains each peak period, instead of the current three. There would be no changes to the existing Santa Teresa to Alum Rock line and the existing Almaden Service. Implementing the new service plan requires updating system-wide wayfinding signage at all VTA light rail stations. Signage will be refreshed and wayfinding improvements will change the numbering, nomenclature, and color of the light rail lines. In addition, two stations in the City of Milpitas will be renamed to reduce passenger confusion when VTA BART opens. Montague light rail station will become Milpitas light rail station, and I-880/Milpitas light rail station will become Alder light rail station. The improvements are scheduled to begin in the fall of 2016 and take at least one year to complete. Going forward, staff will continue to conduct outreach activities for the new operating plan and refine cost and staffing estimates. Outreach for the new light rail operating plan will continue to be included in other Next Network related outreach meetings, and staff will begin more outreach targeted to existing light rail riders later this year. This plan, along with the planned bus network changes, will formally be recommended for adoption by the Board in the spring of 2017. Financial Impact: These changes would equate to a 14% operating cost per year, or approximately $11M per year. This will be partially offset by an estimated $3M in fare revenue per year for an estimated net cost increase of $8M. This cost increase takes into account the additional operators and maintenance staff that will be required to operate this new service. Additional staff will need to be hired within the next 6 months in order to be ready for the start of BART to Berryessa service in the fall of 2017. Prepared By: Jason Kim Memo No. 5659 Page 2 of 2 15.a 16 Date: Current Meeting: Board Meeting: August 29, 2016 September 7, 2016 September 23, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: VTA's Next Network Plan Outreach Update FOR INFORMATION ONLY BACKGROUND: The Transit Ridership Improvement Program (TRIP) is a two-year planning and policy effort that strives to increase ridership, improve VTA’s farebox recovery rate, and connect with Milpitas and Berryessa BART Phase 1 stations through transit service, infrastructure, technology and information improvements. A key component of this effort is VTA’s Next Network Plan, which is a redesign of VTA’s transit network that would be implemented in the fall of 2017, coincident with the opening of BART Phase I. VTA transit service plans are designed in two-year increments. Typically, VTA staff will develop a draft plan, seek Board and public input, make adjustments based on feedback, and present the plan in the span of six months. The Next Network Plan will address large scale changes to the transit network, including a potential change in the Agency’s view on the purpose of public transit. Therefore, VTA initiated the planning process nearly a year earlier than is standard, with a robust two-part community and decision-maker engagement effort. The first phase of engagement asks how transit can be more useful and how VTA should balance the tradeoffs in transit service design. That input will inform a draft transit service plan that will be released in December 2016. The second phase of engagement in early 2017 will ask the community if the changes proposed by the draft service plan accurately capture the community’s desires for public transit. VTA's Board of Directors was introduced to the TRIP in late 2015. Subsequently, the Board was presented with a project update in February 2016 and received the Transit Choices Report and a preview of the network concepts in April 2016. This memorandum provides a summary of what staff heard over the Phase 1 outreach during this spring and summer. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 16 DISCUSSION: VTA project staff conducted extensive community outreach during May through August. The two-fold outreach effort involved direct in-person discussions with the community as well as an extensive online engagement effort, all with four primary goals in mind: 1. Inform the community about the project purpose and timeline 2. Convey the important policy choices involved in developing VTA’s Next Network 3. Gather community policy preferences 4. Learn what kind of transit network the community wants The in-person and online outreach efforts included surveys that asked about a series of transit policy choices as introduced by the project's Transit Choices Report in February. These policy choices represent tradeoffs in transit design, such as frequency versus expanded service hours, weekend versus weekday service, and the ridership goal versus the coverage goal. Direct Engagement Project staff conducted 12 VTA-hosted community meetings throughout the county. At these 90minute meetings, participants engaged in discussions with VTA staff about their experiences riding transit, the purpose of the project, and their value preferences in transit service. One community meeting was simultaneously streamed live over the internet, with an online "chat room" for questions and discussion. Over 100 residents attended the VTA-hosted meetings. In addition to the 90-minute meetings, VTA has hosted three four-hour Community Leader Workshops as of this writing, with a fourth workshop planned for East San Jose in late August, co-hosted by the Transit Justice Alliance. These Leader Workshops are led by Jarrett Walker and Associates, and are designed to bring together elected officials, city staff, and community leaders to discuss their values for public transit. Those values were tested as attendees worked collaboratively to design a transit network for a fictional city where the needs of the community exceeded resources and tough choices between good goals needed to be made. The variety of strategies employed in the network planning exercise underscored the variety of perspectives on the purpose of public transit and generated debates about how VTA should operate transit. These workshops in Mountain View, Campbell and Downtown San Jose recorded over 100 attendees. In addition, the project team also engaged VTA's light rail and bus operators, recognizing that operators represent the "front line" and have unique insights into rider preferences because they interact with riders on a daily basis. Lastly, project staff also attended 15 third-party meetings (not hosted by VTA) and conducted discussions on the Next Network project. This "out in the community" strategy was particularly effective, reaching over 300 residents, business leaders, community activists, and transit riders. Online Engagement The project team launched a dedicated project website - nextnetwork.vta.org - in early 2016. The website is currently focused on informing the community about the project and gathering feedback through a number of interactive features. The website is currently attracting an average Page 2 of 4 16 of 52,000 page views every month. The website features basic project information and welcomes visitors to download detailed project reports, explore the network concepts and participate in multiple surveys. The surveys have garnered over 1,000 unique responses. Additionally, project staff are publishing a series of blog posts on various topics relevant to the development of VTA's Next Network. In addition to social media sharing, each blog post has a comment posting area, where readers have the option to comment and engage in a discussion with project staff. The blog series has successfully engaged the community, generating over 1,000 comments, likes, retweets, questions, and shares. What the Community Said A number of clear themes have emerged through the public engagement process. Tallying the Transit Choices Survey votes, participants expressed particularly strong preferences in four tradeoff questions: 1. Participants prefer better service frequency over shorter walks to bus stops. Overwhelming majorities expressed a willingness to walk further to the bus stop if it means the bus would come more often. 2. Participants prefer faster buses over shorter walks to bus stops. Participants are willing to walk further to the bus stop if it means the bus itself travels faster. This indicates a desire for more rapid services, which stop approximately every 3/4 of a mile. 3. Participants prefer frequency over one-seat rides. Participants are willing to transfer between routes if it means the buses come more often. 4. Participants want VTA to provide more transit service where ridership potential is higher over coverage service where ridership potential is lower. Increasing the number of rides provided, increasing the viability of transit as a travel option and improving the cost-perpassenger are common themes advocated by respondents. Participants expressed less strong and inconsistent preferences on three tradeoff questions: 1. Participants were split between more weekday versus more weekend service. 2. Participants were split between more frequent service versus a longer service span over the course of a day. 3. Participants were split between more service frequency in the peak periods versus in the middle of the day. VTA also asked the community how they would balance ridership and coverage goals of transit service. The ridership goal seeks to maximize the number of trips provided and costeffectiveness of transit service, while the coverage goal seeks to provide service to as many places as possible, even if ridership is low. Following the ridership goal leads VTA to put more transit service in areas where ridership potential is high while the coverage goal leads VTA to Page 3 of 4 16 put transit service in as many places as possible. Ridership and coverage are both worthy goals, but they are fundamentally in conflict with each other. VTA addresses this question as a choice along a spectrum between the goals. How much of VTA’s operating funds should be spent on ridership-purposed service, and how much on coverage-purposed service. VTA’s present balance is 70% ridership/30% coverage. In-person and online respondents were asked to vote along a spectrum that ranged from 70% ridership/30% coverage to 90% ridership/10% coverage. At the time of this writing, about 700 votes have been received with the community expressing the following preferences: About one-quarter of all respondents voted to maintain the status quo (70% ridership/30% coverage) and about three quarters of respondents cast a vote for a more ridership-oriented network ne-third of all votes were for a 90% ridership/10% coverage network The average ridership/coverage balance is slightly above 80% ridership/20% coverage Next Steps VTA project staff will use the input received during the first phase of outreach to design a draft network. The draft network will be presented to VTA’s Board of Directors in December 2016, followed by the second phase of community outreach in early 2017. The second phase will ask “Did we get it right?” and will feature much more detailed analysis and public discussion than the present phase of outreach, including details of individual routes, impacts to Title VI minority and low income communities, and compliance with the Americans with Disabilities Act regarding impacts to paratransit passengers. The input received over the second phase will be used to refine the draft plan to present to the VTA Board of Directors for final approval in spring 2017. Prepared By: Jay Tyree Memo No. 5645 Page 4 of 4 17 Date: Current Meeting: Board Meeting: August 29, 2016 September 7, 2016 October 6, 2016 BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Acting Director of Planning & Program Development, Carolyn M. Gonot SUBJECT: VTA Complete Streets Policy Development FOR INFORMATION ONLY BACKGROUND: VTA is developing a Complete Streets policy that will apply to VTA’s capital project delivery and project funding activities. The policy will also guide how VTA implements the Complete Streets requirement of the transportation sales tax measure (Measure B) on the November 2016 ballot, should voters approve the measure. The policy will also fulfill regional and state Complete Streets requirements and intentions established by Metropolitan Transportation Commission’s Resolution 3765 and One Bay Area Grant requirements, Caltrans Deputy Directive 64-R-1, and the California Complete Streets Act of 2008. The goal is to develop an effective policy and procedures that ensure projects sponsored by, or funded by, VTA include high-quality design elements that support all roadway users. DISCUSSION: Complete Streets are streets that are planned, designed, built and maintained for the safe mobility of all roadway users including pedestrians, bicyclists, transit riders, transit operators, motorists, movers of commercial goods, and people of all ages and abilities. Not all roadways are candidates to become Complete Streets; however, all street design can benefit from applying Compete Streets design principles. VTA Implementation of Complete Streets VTA has supported Complete Streets for many years. VTA’s Board of Directors adopted a multi-modal design policy in January 2009 that directed staff to follow the approach to project design exemplified in the redesign of the US 101/Tully interchange. VTA’s Community Design and Transportation Manual and Bicycle Technical Guidelines provide Member Agencies with best practices for Complete Streets design. VTA’s Complete Streets Program has brought 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 17 educational workshops to Member Agency staff. VTA is currently leading Complete Streets design studies for three multi-jurisdictional corridors that include segments in Milpitas, Santa Clara, San Jose, Sunnyvale, and Santa Clara County. To further support these efforts, VTA is developing a Complete Streets design policy that will accomplish the following: 1) Define how VTA will integrate Complete Streets into all aspects of project delivery, and 2) Define the Complete Streets requirements for recipients of funding administered by VTA, including the new transportation sales tax measure funding. Local Implementation of Complete Streets All Member Agencies support Complete Streets concepts in some way. To be eligible for One Bay Area Grant (OBAG) funding, Member Agencies have either adopted a resolution establishing Complete Streets policies or have updated their General Plan’s Circulation Element to comply with the California Complete Streets Act of 2008, or both. Attachment A shows each Member Agency’s approach to OBAG Complete Streets compliance. In addition, many Member Agencies have additional policies or practices that support Complete Streets. Schedule VTA will develop the policy through the remainder of 2016, with a proposed completion date of early 2017. A detailed schedule is provided as Attachment B. Stakeholder Coordination To develop VTA’s Complete Streets Policy, VTA will engage the Technical Advisory Committee (TAC) and its working groups, the Bicycle and Pedestrian Advisory Committee, and advocacy organizations with an interest in Complete Streets. In June and August 2016, VTA staff discussed the policy development and timeline with representatives of various transportation advocacy organizations and the TAC working groups: Capital Improvement Program (CIP) Working Group, the System Operations and Management (SOM) Working Group, the Land Use and Transportation Integration (LUTI) Working Group. Policy Elements As noted above, the Complete Streets Policy will apply to VTA’s capital project delivery and programming activities. Several broad topics are being considered for inclusion in the policy: Complete Streets requirements for funding programmed by VTA, including the transportation sales tax measure on the November 2016 ballot. Policy and procedures for VTA staff to follow for VTA-sponsored capital projects. Coordination between VTA Transit Operations and Member Agencies on projects that have the potential to impact transit. Endorsement of National Association of City Transportation Officials and other Complete Page 2 of 3 17 Streets guidelines. Codifying procedures that VTA already follows that fall under the Complete Streets umbrella. In developing the policy, VTA will be seeking stakeholder input on potential elements of the policy, including: Definition of Complete Streets. Context sensitive approach (i.e., design elements based on street type and function). Exemptions for certain types of projects (e.g. freeway mainline projects). Integration into project delivery milestones. Local agency processes for delivering Complete Streets. MTC’s Complete Streets checklist requirements. Complete Streets checklist for local funding. Public review process (e.g. BPAC, public meetings). Funding programs where the policy should/could apply. Process for monitoring Complete Streets compliance. Other case-by-case exemptions (e.g. cost prohibitive). NEXT STEPS: VTA will continue to work with the Technical Advisory Committee, its working groups, and advocacy organizations to develop the policy. VTA will present draft policy language to VTA committees in December 2016. The final policy language will be presented to the Board of Directors for adoption in early 2017. Prepared By: Adam Paranial Memo No. 5601 Page 3 of 3 17.a ATTACHMENT A: Method for Complying with MTC’s Complete Streets OBAG Requirements Note: All Member Agencies are currently compliant, either through adopting a resolution with MTC’s required elements or by updating the Circulation Element of their general plan after 1/1/2010, or both. Method of Compliance with OBAG CS MTC-Required Elements of Resolution1 Implementation X X X X X X X2 8/19/2014 Yes 1/15/2013 X X X X X X X X X 12/1/2014 No Yes 11/5/2012 X X X X X X X X X 2002 Yes 12/8/2015 X X X X X X X X X Yes 6/18/2015 Yes 1/24/2013 X X X X X X X X X Los Gatos Yes 1/7/2011 No Milpitas Yes 1/15/2013 No 11/30/2015 X X X X X X X X X 10/17/2012 X X X X X X X X X2 Campbell Yes Cupertino Yes Gilroy No Los Altos No Los Altos Hills Monte Sereno Yes Morgan Hill Yes 2/24/2010 No Mountain View Yes 7/12/2012 No Palo Alto No San Jose Yes 11/1/2011 No Santa Clara Yes 11/16/2010 No Saratoga Yes 11/17/2010 Yes Sunnyvale Yes 7/26/2011 No Yes Street Network/ Connectivity X No All Projects/Phases Consultation w/ Bike Ped Plans X Santa Clara County CS in all Departments 11/6/2012 Yes/No Yes Jurisdiction Context Sensitive Exemption Process Serve all Users Complete Streets Principles Adoption Date of Resolution/ Ordinance Complete Streets Resolution Yes/No Date of CE update (must be after 1/1/2010 to be compliant) General Plan CS Update BPAC Consultation Collect & Evaluate Data (All Member Agencies are compliant) Written finding. Signed by PW Director or equivalent. Available for public review. 11/20/2012 1/ http://mtc.ca.gov/sites/default/files/OBAG%202%20Complete%20Streets%20Resolution.pdf 2/ Santa Clara County and Saratoga have broadened exemption language to provide more flexibility. 4 17.b ATTACHMENT B: Schedule for VTA Complete Streets Policy Development Step 1: Introduce Policy Development, Understand Concerns, Expectations of Stakeholders Jul/Aug 2016 Introduce Complete Streets Policy development to stakeholders Capital Improvement Program (CIP) Working Group Systems & Operations Management (SOM) Working Group Land Use and Transportation Integration (LUTI) Working Group Advocacy organizations Sep 2016 Introduce policy development at VTA committees as discussion item Bicycle and Pedestrian Advisory Committee (BPAC) Technical Advisory Committee (TAC) Policy Advisory Committee (PAC) Congestion Management Program & Planning Committee (CMPP) Step 2: Develop Draft Policy with Input from Stakeholders Sept 2016 Discuss proposed policy elements with stakeholders CIP Working Group SOM Working Group Advocacy organizations Oct/Nov 2016 Draft policy language (rev #1) to stakeholders for review and comment CIP Working Group SOM Working Group LUTI Working Group Advocacy organizations Oct/Nov 2016 Joint LUTI, SOM Working Group meeting to discuss CS (proposed) Selected Member Agencies to present their implementation process for CS, Discussion of challenges to CS implementation process Dec 2016 Draft policy language (rev #2) for review/comment to VTA Committees BPAC TAC PAC CMPP Step 3: Present and Adopt Final Policy Feb/Mar 2017 Final policy brought for adoption BPAC, TAC, PAC CMPP VTA Board of Directors 5 18 Date: Current Meeting: Board Meeting: August 24, 2016 September 7, 2016 N/A BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority Citizens Advisory Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Board Secretary, Elaine Baltao SUBJECT: Review Current Citizens Advisory Committee Membership Structure FOR INFORMATION ONLY BACKGROUND: The Citizens Advisory Committee (CAC) is a 17-member committee representing the residents of the various city/county groupings of the VTA Board of Directors, as well as specified community stakeholder groups with an interest in transportation. The CAC advises the Board and VTA administration on issues impacting the communities and organizations they represent. It also serves in two other functions: (1) as the ballot-specified Citizens Watchdog Committee for the 2000 Measure A Transit Improvement Program; and (2) as the 2008 Measure D ballotspecified advisory body that reviews and comments on VTA’s comprehensive transit program as part of the countywide transportation plan. The CAC’s mission statement is: The VTA CAC provides a communication channel for transportation stakeholders and residents of the county by providing input, analysis, perspective and timely recommendations prior to VTA Board of Director action on transportation policy issues and initiatives. Advisory committee bylaws govern the proceedings of the committee and its meetings and must be consistent with the VTA Administrative Code. All amendments to advisory committee bylaws require VTA Board of Directors approval. The VTA Administrative Code establishes the membership structure of the CAC. Currently, 14 of the 17 positions are directly appointed by a defined entity representing a specific stakeholder group, such as the Chambers of Commerce Coalition of Santa Clara County. Conversely, three positions, all in the Community Interests section, do not have a defined appointing authority and instead are appointed by VTA’s Administration & Finance Committee from applications or nominations received at-large (the current CAC membership roster with members’ affiliation is shown on Attachment A). 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 18 DISCUSSION: Several months ago the Committee established the ad hoc Membership Structure Subcommittee. Its purpose was to review the existing CAC membership structure to determine if it is optimally configured to best represent the Board of Directors and citizens of Santa Clara County. The members of the subcommittee are: Noel Tebo Chairperson Herman Wadler Stephen Blaylock Marty Schulter The Subcommittee will be sharing and discussing its initial findings at the September 2016 CAC meeting while also gathering input and direction from the Committee. Any proposed changed to the CAC membership structure would require future approval by the VTA Board of Directors. Prepared By: Stephen Flynn, Advisory Committee Coordinator Memo No. 5542 Page 2 of 2 18.a CITIZENS ADVISORY COMMITTEE and 2000 MEASURE A WATCHDOG COMMITTEE SEPTEMBER 1, 2016 MEMBERSHIP ROSTER Membership: 17 1. 2. 3. 4. 5. 6. 7. Quorum: 9 Represents Appointing Authority CITY & COUNTY GROUPINGS San Jose City of San Jose San Jose City of San Jose North County North County Cities West Valley West Valley Cities South County South County Cities Santa Clara County County of Santa Clara BUSINESS & LABOR Silicon Valley Leadership Group Silicon Valley Leadership Group 8. Building Industries 9. Organized Labor 10. Chamber of Commerce 11. Commercial Real Estate 12. 13. COMMUNITY INTERESTS Senior Citizens Bicyclists & Pedestrians 14. Disabled Community 15. 16. 17. Environmentalists Disabled Persons Mass Transit Users Homebuilders Association of Northern California South Bay AFL-CIO Labor Council Santa Clara County Chambers of Commerce Coalition Building Owners and Managers Association Silicon Valley Sourcewise VTA Bicycle & Pedestrian Advisory Committee VTA Committee for Transit Accessibility At-large (VTA A&F Committee) At-large (VTA A&F Committee) At-large (VTA A&F Committee) Vacancies: 1 Current Representative Noel Tebo Charlotte B. Powers John Melton Clinton W. Brownley Connie Rogers Roberta H. Hughan Vacant (formerly Bena Chang) Ray Hashimoto Lucas Ramirez William Hadaya Sharon Fredlund Stephen Schmoll Herman H. Wadler Aaron Morrow Chris C. Elias Martin B. Schulter Stephen C. Blaylock 19 Date: Current Meeting: Board Meeting: August 29, 2016 September 7, 2016 N/A BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority 2000 Measure A Citizens Watchdog Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Advisory Committee Coordinator, Stephen Flynn SUBJECT: 2000 Measure A Citizens Watchdog Committee FY 2015 Annual Report and Publication Strategy Policy-Related Action: No Government Code Section 84308 Applies: No ACTION ITEM RECOMMENDATION: Approve the 2000 Measure A Citizens Watchdog Committee’s Annual Report on Fiscal Year 2015 and the recommended publication strategy. BACKGROUND: In November 2000, Santa Clara County voters approved Measure A, a 30-year half cent sales tax devoted to enhancing the county’s public transit system. The Measure A ballot specified that, among other duties, the Citizens Watchdog Committee (CWC) is responsible for reviewing all 2000 Measure A expenditures, having an audit conducted each fiscal year by an independent auditor, holding public hearings and issuing reports at least annually basis to inform county residents how the funds are being spent, and publishing the results of the independent audit and the annual report in local newspapers. In fulfillment of its ballot-defined responsibilities, for the subject period of FY 2015 (July 1, 2014 - June 30, 2015) the CWC: Completed its review of 2000 Measure A expenditures. Had an independent compliance audit conducted of 2000 Measure A financial statements and records and evaluated the results. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 19 Published in local newspapers the results of the independent audit and the notice announcing the public hearing. These items were published during late August/early September 2016 as a combined notice in 23 general circulation newspapers in VTA’s service area, including several foreign language ones that satisfy Title VI requirements. In addition, they were also prominently posted on VTA’s website, posted on social media sites, announced via email to GovDelivery subscribers and past attendees of VTA public meetings and forums, and distributed in flier format to libraries and other public buildings throughout Santa Clara County. Will be conducting a public hearing on September 1, 2016 in the Auditorium of VTA’s River Oaks Administration Complex to receive input from the community on 2000 Measure A Program expenditures, the results of the annual independent audit, and on Measure A Program reports. Two steps will remain to complete the process for FY 2015: (1) complete development of the CWC Annual Report; and (2) publish the Committee’s finding on whether 2000 Measure A funds were spent in accordance with the intent of the ballot. DISCUSSION: To guide development of both the CWC’s combination Public Hearing/Audit Results Notice and its Annual Report, the Committee has previously empanelled a subcommittee comprised of members Charlotte Powers and Ray Hashimoto and Vice Chairperson Sharon Fredlund. The Subcommittee focused on the following goals for the FY 2015 Annual Report: Have the reports be eye-catching. Show the success of Measure A funds used in relation to the mandates of the measure. Emphasize the benefit/positive impact to citizens and local communities of each Measure A project completed and that achieved significant milestones during the period. Utilize the three separate version format developed for the FY14 reports that proved very successful. The tri-version format allows the reader to choose the topic area focused on and the level-of-detail that best suits their needs. The three versions are: (A) abbreviated version for publication in local newspapers; (B) summary report that focuses on benefits and key achievements; and (C) comprehensive report for placement on VTA’s website. Newspaper (abbreviated) This version (Attachment A) is for publication in local newspapers. To minimize ad size and thus expense, it contains no photos and the text includes primarily the information required by the ballot, most importantly the Committee’s conclusion on how Measure A funds were spent during the period. However, it mirrors the revised format developed for FY14 that is more eyecatching, utilizing extensive use of bullets as well as a pie chart on Measure A expenditures during the period. The report also includes a very brief overview of Measure A and the CWC’s ballot-defined duties. It also refers the reader to VTA’s website for more detailed CWC reports and other 2000 Measure A Transportation Improvement Program information as well as instructions on where printed copies of select Measure A reports are available. Page 2 of 5 19 Summary Report on Benefits and Key Achievements This version (Attachment B) is for placement on VTA’s website as well as for distribution to libraries and other public buildings throughout the county. It includes slightly expanded background and explanation compared to the newspaper version, but differs significantly in its extensive use of project photos and graphics to help the reader better visualize and understand the enormity, complexity and benefits of Measure A projects. The main theme is how key accomplishments achieved during the period improve the lives of residents, workers, commuters and employers in Santa Clara County. As with all versions of the CWC Annual Report, this version states the Committee’s conclusion on whether during the period 2000 Measure A tax dollars were spent in accordance with the intent of the measure. The report also lists the CWC membership, is signed by the CWC chairperson, and directs the reader to the comprehensive version of the report on VTA’s website for additional information. Since this version is also intended for hardcopy distribution to public locations, it was specifically limited to a maximum of two pages (front and back), with the main content being on the first page. This approach saves printing costs and administrative burden while allowing the report to be tri-folded mechanically instead of by hand. As a reminder, at its August 2016 meeting the CWC authorized to Subcommittee to approve the final version of this report so, as suggested by Vice Chairperson Fredlund, it could be posted to the VTA website in advance of and distributed at the CWC’s public hearing on September 7th, 2016. Comprehensive Version Attachment C is the comprehensive version for placement on VTA’s website. It includes slightly expanded background and explanation compared to the summary and newspaper versions. As with the other two versions, this version indicates the Committee’s conclusion on the use during the subject period of 2000 Measure A tax dollars. The report also includes the listing of CWC membership and is signed by the CWC chairperson. However, to simplify development of the report while expanding the use of project photos and graphs to help the reader comprehend the enormity and complexity of Measure A projects, this version utilizes a brief introductory cover letter from the CWC chairperson attached to report from the CWC’s independent compliance auditor, which also includes the detailed project pages describing the current status of 2000 Measure A projects. PUBLICATION STRATEGY The publication strategy determines in which general circulation newspapers in VTA’s service area and on approximately which dates the abbreviated version of the Annual Report will be published. It also includes alternate strategies for informing the public. Page 3 of 5 19 Attachment D shows a recommended publication strategy for the CWC Annual Report on FY 2015. It mirrors in part the strategy used for publishing the late August/early September 2016 public hearing notice, which the Committee approved at its August 2016 meeting. This plan primarily utilizes community and foreign-language newspapers to reach a wide and diverse audience. As with all publication strategies for the CWC, this was developed with the input of VTA’s Marketing Department staff, who have expertise on the pricing structures and circulation patterns of local newspapers due to placing large volumes of VTA advertisements, public notices and other similar items. Attachment D shows the costs for both single and multiple day ads (“flights”) in each newspaper, as well as color costs versus standard black & white. For daily newspapers, the strategy reflects the specific day(s) with the best balance of readership to cost. As with the publication strategies for previous Annual Reports, this one includes placing ads in a broad spectrum of non-English language newspapers including: El Observador (Spanish); Viet Nam (Vietnamese); Philippines Today (Tagalog); Korea Daily Times (Korean); and Sing Tao (Chinese). Using these newspapers helps increase the distribution and availability of the report by providing access and availability to non-English speaking members of the community. As was done with the publication strategy for the combination public hearing notice and audit results approved by the CWC in August, this publication strategy includes the cost of translating the ads into the respective language of the associated newspaper. Translation and publication in foreign language newspapers also satisfies federal Title VI requirements. OTHER METHODS OF INFORMING THE PUBLIC As it has done in past years, it is recommended the Committee utilize other cost-effective methods for informing the public of its findings and the availability of its Annual Report, in addition to the required publication in local newspapers. The CWC has continually investigated new and innovative ways of sharing with the public its finding and Annual Report. Many of these methods have also been used to notify the public on the CWC’s public hearing and the results of its independent compliance audit. Some of these methods for distributing information in addition to local newspapers and posting on the VTA website include: Requesting free online advertising from newspapers the CWC places advertisements in. Placing electronic ads on VTA’s Wi-Fi network Express buses and light rail vehicles. Including a summary in Take-One, the free quarterly informational pamphlet available on VTA buses and light rail. Placing informational signs on VTA buses, light rail vehicles (LRV’s), bus stops and shelters, light rail stations, Park & Rides, and other facilities. Distributing hard copies of the summary report (Benefits and Key Achievements) to libraries, hospitals and other public buildings throughout Santa Clara County. Placing electronic ads on network sites such as Yahoo, Patch, Ad Taxi or the Bay Area News Group. Posting notices VTA’s social networking channels, including Facebook and Twitter, as well as sending email announcements to GovDelivery subscribers and past attendees of VTA public meetings and forums. Posting a notice on public access channel CreaTV San Jose. Issuing a news release. Page 4 of 5 19 Using public service announcements (PSA) on local radio or TV stations, such as KLIV. It should be noted that not all PSA’s are free. In fact, most are not. Providing to Mr. Roadshow, San Jose Mercury News columnist Gary Richards. Providing CWC members with the electronic file of the Annual Report as well as hardcopies, both for distribution to their stakeholder groups, community, civic, charitable and trade organizations, and friends and neighbors. Most, but not all, of the listed methods are low or no-cost. ALTERNATIVES: The 2000 Measure A ballot requires that the Committee issue a report at least annually to inform county residents on how funds are being spent, and publish its finding in local newspapers. The Committee may accept, reject or modify as it sees fit the recommended versions of the Annual Report or the recommended publication strategy. FISCAL IMPACT: Publication of the CWC Annual Report is paid from 2000 Measure A Transit Improvement Program funds. Sufficient Measure A funds are currently available for this activity. Prepared by: Stephen Flynn, Advisory Committee Coordinator Memo No. 5490 Page 5 of 5 19.a Newspaper Version of Annual Report on FY15 WILL BE FORWARDED UNDER SEPARATE COVER 19.b Summary Report on Benefits and Key Achievements for FY15 WILL BE FORWARDED UNDER SEPARATE COVER 19.c Comprehensive Version of Annual Report on FY 2015 WILL BE FORWARDED UNDER SEPARATE COVER 19.d Recommended Publication Strategy WILL BE FORWARDED UNDER SEPARATE COVER 20 Date: Current Meeting: Board Meeting: August 22, 2016 September 7, 2016 N/A BOARD MEMORANDUM TO: Santa Clara Valley Transportation Authority 2000 Measure A Citizens Watchdog Committee THROUGH: General Manager, Nuria I. Fernandez FROM: Advisory Committee Coordinator, Stephen Flynn SUBJECT: Conduct CWC Public Hearing Policy-Related Action: No Government Code Section 84308 Applies: No ACTION ITEM RECOMMENDATION: Conduct, as part of the September 7, 2016 Citizens Advisory Committee/Citizens Watchdog Committee meeting, the required 2000 Measure A Citizens Watchdog Committee (CWC) public hearing to receive input from the public on the Measure A Program, its expenditures, the results of the CWC’s annual independent compliance audit, and on 2000 Measure A Program reports for the period of FY 2015. BACKGROUND: In November 2000, Santa Clara County voters approved Measure A, a 30-year half cent sales tax devoted to enhancing the county’s public transit system. The Measure A ballot specified that, among other duties, the Citizens Watchdog Committee (CWC) must: Review all 2000 Measure A expenditures. Have an audit conducted each fiscal year by an independent auditor to ensure tax dollars are being spent in accordance with the intent of this measure. Hold public hearings and issue reports “on at least an annual basis to inform Santa Clara County residents how the funds are being spent.” Publish the results of the independent audit and the annual report in local newspapers. 3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 20 DISCUSSION: To fulfill its responsibility, at its August 2016 meeting the Citizens Watchdog Committee voted to conduct its public hearing on FY 2015 (July 1, 2014 - June 30, 2015) 2000 Measure A expenditures on Wednesday, September 7, 2016 at 6:00 p.m. in the VTA River Oaks Auditorium. The public hearing will be held in combination with the monthly Citizens Advisory Committee (CAC)/CWC meeting. The hearing will begin time-specific at 6:00 p.m. The CAC/CWC general meeting will begin at its normal 4:00 p.m. start time. If the CAC/CWC meeting is still underway at 6:00 p.m., it will be paused to conduct the CWC public hearing, then resume at the conclusion of the public hearing. Purpose The public hearing provides the public with the defined opportunity to share their views, opinions, and concerns with the CWC on the 2000 Measure A Program expenditures, the results of the annual independent audit, and on 2000 Measure A Program reports. The CWC will combine the input received at the hearing with information and input received from the independent compliance audit and other sources to render a conclusion on whether 2000 Measure A tax dollars are being spent in accordance with the intent of the measure. Public Notice The public notice announcing the hearing was published twice in mid-to-late August/early September 2016 in the following general circulation newspapers in VTA’s service area: The Metro Sing Tao (Chinese) El Observador (Spanish/Hispanic) Viet Nam (Vietnamese) Philippines Today (Tagalog) Korea Daily Times (Korean) Milpitas Post Morgan Hill Times Gilroy Dispatch Santa Clara Weekly Mountain View Voice Palo Alto Weekly Los Altos Town Crier Evergreen Times Silicon Valley Community Newspapers (Nine total: Almaden Resident; Cambrian Resident, Campbell Reporter; Cupertino Courier, Los Gatos Weekly Times; Rose Garden Resident, Saratoga News; Sunnyvale Sun; and Willow Glen Resident) Page 2 of 4 20 In addition, the public announcement was: Posted on VTA’s website Placed as a flash banner on the homepage of VTA’s website Informational signs on VTA vehicles and facilities Electronic postings on VTA Wi-Fi (Express Bus and light rail) Posted on electronic media sites such as Ad Taxi Distributed to libraries and other public buildings throughout Santa Clara County Requested for free online advertising from the aforementioned general circulation newspapers in VTA’s service area Posted to Facebook and mentioned via Twitter Announced via email to GovDelivery subscribers and to past attendees of VTA public meetings and forums Provided to Mr. Roadshow, San Jose Mercury News columnist Gary Richards Provided to CWC members for distribution to their stakeholder groups, community, civic, charitable and trade organizations, and friends and neighbors. The public notice specified the hearing time, location and purpose and how written comments could be submitted. It also indicated that sign language services and additional interpreter services would be provided with prior request. It further indicated that detailed program information could be accessed both on VTA’s website and at specified VTA facilities, libraries and other public facilities. The notice published in newspapers referred the public to VTA’s website for more information. The detailed version on VTA’s website provided additional information and explanation, including a brief history of the 2000 Measure A Program, a listing of the projects contained in the ballot along with links to the detailed project status pages, photographs or renderings of some of the projects, and a description of the CWC’s role, responsibilities and limitations. The Hearing Process The CWC chairperson formally opens the hearing, describing its purpose. At its conclusion, the chairperson formally closes the hearing, at which time normal the Committee resumes its normal business. The Committee receives input from the public at the hearing but does not debate nor engage in extended discussion with speakers or other CWC members. Committee members may ask brief questions to clarify a statement or issue. If readily available or easily answered, the Committee or staff may provide brief answers to a speaker’s question. All other questions will be referred to staff to provide a written response from the Committee. Page 3 of 4 20 All speakers will be requested to fill out a blue speaker’s card and to verbally state their name for the record. Speakers will be limited to providing comments on 2000 Measure A Program-related issues only, and will be limited to two minutes unless the chairperson deems that additional time is warranted. Following the Hearing transcript of the proceedings prepared by a court reporter and an audio recording of the hearing will be available to the public within a reasonable period following the hearing. The Committee will develop its conclusion on whether 2000 Measure A tax dollars are being spent in accordance with the intent of the measure, which is then reflected in the CWC’s Annual Report. The CWC’s finding will be published in local newspapers. This notice will also indicate that the detailed Annual Report is available and how to access it on VTA’s website. The Committee will determine a publication strategy for informing the public of its findings and the availability of its Annual Report, both via the required ads in local newspapers as well as other methods such as informational posting on electronic media sites, posting on social media including Facebook and Twitter, email announcements to GovDelivery subscribers and past attendees of VTA public meetings and forums, etc. ALTERNATIVES: There is no alternative since the 2000 Measure A ballot mandates that the CWC hold a public hearing at least annually. FISCAL IMPACT: There is no significant fiscal impact associated with conducting the CWC's required public hearing. Prepared by: Stephen Flynn, Advisory Committee Coordinator Memo No. 5489 Page 4 of 4