ADMINISTRATION & FINANCE COMMITTEE
Thursday, October 20, 2016 12:00 PM
PLEASE NOTE CHANGE IN MEETING ROOM LOCATION
VTA Conference Room B-106 3331 North First Street San Jose, CA
AGENDA
CALL TO ORDER
1. ROLL CALL
2. 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.
3. ORDERS OF THE DAY
CONSENT AGENDA
4. ACTION ITEM - Approve the Regular Meeting Minutes of September 15, 2016.
5. ACTION ITEM -Review and accept the Fiscal Year 2016 Statement of Revenues and Expenses for the period ending June 30, 2016.
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 Santa Clara Valley Transportation Authority Administration & Finance Committee October 20, 2016 6. ACTION ITEM -Authorize the General Manager to execute a Dedication Agreement (Agreement) and subsequent real estate documents with the City of Mountain View (City) regarding the dedication of public access and utility easements that will provide better pedestrian, bike and vehicular connections around VTA’s Whisman Light Rail Station in Mountain View.
7. ACTION ITEM -Program $300,000 in 1996 Measure B funds to the Caltrain Los Gatos Creek Bridge project, and authorize the General Manager to enter into funding agreements with Caltrain Joint Powers Board (JPB)to implement this action.
8. ACTION ITEM -Authorize the General Manager to execute an agreement between the Metropolitan Transportation Commission (MTC), Alameda Contra Costa Transit District (AC Transit), and VTA regarding management of the Regional Transit Discount Card (RTC) program. The agreement will go into effect upon execution and be in effect until June 30, 2020.
9. ACTION ITEM -Adopt the amended Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and its Appendix of Designated Positions and Disclosure Categories and direct the Board Secretary to submit the revised Conflict of Interest Code and the list of designated positions to the Santa Clara County Board of Supervisors for approval.
10. INFORMATION ITEM -Review the Quarterly Purchasing Report for July 1 through September 30, 2016.
11. INFORMATION ITEM -Receive the Monthly Investment Report for August 2016.
12. INFORMATION ITEM -Review the Final Legislative Update Matrix for 2016.
REGULAR AGENDA
13. ACTION ITEM -1) Approve the Silicon Valley Radio Interoperability Authority (SV- RIA) Joint Powers Agreement (JPA) and authorize the General Manager to execute the JPA and any other documents necessary to assure VTA’s full entry into the Joint Powers Authority; and 2) Appoint VTA’s two members to the SV-RIA’s Board of Directors.
14. ACTION ITEM -Authorize the General Manager to execute a contract with WACHTER, Inc. in the amount of $3,500,000 for Close Circuit Television (CCTV) repair and maintenance on bus and light rail vehicles. The initial term of contract is for five years with an option to extend the contract on an annual basis for two additional years. The cost of the initial five year term is $2,500,000, plus an optional $500,000 per year for each of the optional one-year periods, for a total of $3,500,000.
Page 2 Santa Clara Valley Transportation Authority Administration & Finance Committee October 20, 2016 15. ACTION ITEM -Authorize the General Manager to execute contracts with the following manufacturers to supply proprietary and non-proprietary Light Rail Vehicle (LRV) parts, and to comply with the Original Equipment Manufacturer’s (OEM) recommended mid- life overhaul program:
Voith Turbo, Inc. for OEM Gearbox overhaul parts in the amount of $1,954,120; Motion Industries for gearbox overhaul parts manufactured for Voith Gearboxes in the amount of $964,415; Trelleborg Industrial for chevron suspension system springs in the amount of $573,345; Enidine ITT, Inc for suspension parts, shock absorbers and connecting link assemblies in the amount of $543,575; Penn Machine for center and motor truck axle rebuild components in the amount of $2,588,930; Kinkisharyo, Inc. for body and Suspension leveling system components including articulation shock absorber system in the amount of $1,954,005; and Knorr, Inc. for brake assembly parts in the amount of $4,832,190.
The aggregate amount for all contracts is $13,410,580.
16. ACTION ITEM -Adopt the Resolution to approve the results of monitoring VTA’s system-wide service standards and policies to ensure that no person is discriminated against because of their race, color, or national origin with regard to the quality of service, routing, or scheduling of transportation services VTA provides.
Adopt the Resolution to approve VTA’s Title VI Program. VTA’s Title VI Program is a compilation of documents that is submitted to the Federal Transit Administration (FTA) triennially as evidence of VTA’s compliance with Title VI of the Civil Rights Act of 1964.
17. INFORMATION ITEM -Receive 2016/2017 VTA On-board Survey Questionnaire.
18. INFORMATION ITEM -Receive a status update on the Minority, Women, Disabled Veteran, and LGBT Business Enterprise Program.
19. INFORMATION ITEM -Receive a Small Business Enterprise (SBE) Program status update.
20. INFORMATION ITEM -Receive a status update on Disadvantaged Business Enterprise (DBE) Program.
OTHER ITEMS
21. Items of Concern and Referral to Administration.
Page 3 Santa Clara Valley Transportation Authority Administration & Finance Committee October 20, 2016 22. Review Committee Work Plan. (Srinath)
23. Committee Staff Report. (Srinath)
24. Chairperson's Report. (Baker)
25. Determine Consent Agenda for the November 3, 2016, Board of Directors Meeting.
26. ANNOUNCEMENTS
27. 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 protected] or (408) 321-2330 (TTY only). VTA’s home page is www.vta.org or visit us on www.facebook.com/scvta. (408) 321-2300: 中文 / Español / 日本語 / 한국어 / tiếng Việt / Tagalog.
Disclosure of Campaign Contributions to Board Members (Government Code Section 84308) In accordance with Government Code Section 84308, no VTA Board Member shall accept, solicit, or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the agency. Any Board Member who has received a contribution within the preceding 12 months in an amount of more than $250 from a party or from any agent or participant shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use his or her official position to influence the decision. A party to a proceeding before VTA shall disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party, or his or her agent, to any Board Member. No party, or his or her agent, shall make a contribution of more than $250 to any Board Member during the proceeding and for three months following the date a final decision is rendered by the agency in the proceeding. The foregoing statements are limited in their entirety by the provisions of Section 84308 and parties are urged to consult with their own legal counsel regarding the requirements of the law.
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 Monday, Tuesday, and Wednesday prior to the meeting. This information is available on VTA’s website at http://www.vta.org and also at the meeting.
NOTE: THE BOARD OF DIRECTORS MAY ACCEPT, REJECT OR MODIFY ANY ACTION RECOMMENDED ON THIS AGENDA.
Page 4
ADMINISTRATION & FINANCE COMMITTEE
Thursday, September 15, 2016
MINUTES
CALL TO ORDER
The Regular Meeting of the Administration and Finance Committee (A&F) was called to order at 12:04 p.m. by Chairperson Baker in Conference Room B-104, VTA River Oaks Campus, 3331 North First Street, San Jose, California.
1. ROLL CALL
Attendee Name Title Status Cindy Chavez Member Present Perry Woodward Member N/A Howard Miller Alternate Member N/A Raul Peralez Alternate Member N/A Larry Carr Alternate Member Present Dave Cortese Alternate Member N/A Manh Nguyen Vice Chairperson Present Jason Baker Chairperson Present
*Alternates do not serve unless participating as a Member.
A quorum was present.
2. PUBLIC PRESENTATIONS
There were no Public Presentations.
3. ORDERS OF THE DAY
There were no Orders of the Day.
CONSENT AGENDA
Chairperson Baker noted that a member of the public has requested to speak on Agenda Item #9. Single Bore Tunnel Technical Studies, removed the item from the Consent Agenda and placed the item on the Regular Agenda.
4. Meeting Minutes of August 18, 2016
M/S/C (Nguyen/Carr) to approve the Regular Meeting Minutes of August 18, 2016.
5. Renewal of Delta Dental Contract for Employee Benefits M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to renew benefit contract with Delta Dental for all VTA employees for calendar years 2017 and 2018.
6. Construction of the Guadalupe Corridor Traction Power Substation (TPSS) Replacement, Phase 3 (C16122F) Contract M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract with the lowest responsive and responsible bidder, Siemens Industry, in the amount of $9,997,235, for the construction of the Guadalupe Corridor Traction Power Substation (TPSS) Replacement, Phase 3 (C16122F) contract.
7. Contract Award of Tasman Corridor Complete Streets Study M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a time and materials contract with Kimley- Horn & Associates, Inc. to complete the Tasman Corridor Complete Streets Study. The contract shall be for a period of up to 30 months and not to exceed $825,000.
8. Contract Award of Bascom Corridor Complete Streets Study M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to negotiate and execute a time and materials contract with Moore Iacofano Goltsman, Inc. (MIG, Inc.) to complete the Bascom Corridor Complete Streets Study. The contract shall be for a period of up to 30 months and not to exceed $810,000.
9. (Removed from the Consent Agenda and placed on the Regular Agenda.)
Authorize the General Manager to negotiate and execute a contract with HNTB Corporation in an amount not to exceed $980,000 for a one year period ending September 2017 to provide technical studies for a single bore tunnel alternative for Phase II of VTA’s BART Silicon Valley Extension.
NOTE: M/S/C MEANS MOTION SECONDED AND CARRIED AND, UNLESS OTHERWISE INDICATED, THE MOTION PASSED UNANIMOUSLY.
Administration and Finance Committee Page 2 of 11 September 15, 2016
10. Third-Party Agreements of Voluntary Contributions and Programming of VRF Funds to Transportation Improvement Projects
M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to 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;
• Negotiate and enter into cooperative funding agreements 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;
• Approve $4 million in Vehicle Registration Fee matching funds for the SR 237 Express Lanes Phase 2 project.
11. Operations Insurance and Risk Management Brokerage Services
M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a Contract with Willis Towers Watson, dba, Willis of California, Inc. for Insurance & Risk Management Brokerage Services for a three year fixed fee contract of $375,000 ($125,000 per year) from October 15, 2016 to October 14, 2019 with options for two one year extensions for a total contract amount not to exceed $625,000.
12. Annual Operations Insurance Renewal Report FY 2016-2017
M/S/C (Nguyen/Carr) to approve submitting a recommendation to the Board of Directors to receive the Annual Operations Insurance Renewal Report FY 2016-2017.
13. Legislative Update Matrix
M/S/C (Nguyen/Carr) to review the Legislative Update Matrix.
14. Monthly Investment Report - July 2016
M/S/C (Nguyen/Carr) to receive the Monthly Investment Report for July 2016.
RESULT: APPROVED [UNANIMOUS] Consent Agenda 4-8; 10-14 MOVER: Manh Nguyen, Member SECONDER: Larry Carr, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
Administration and Finance Committee Page 3 of 11 September 15, 2016
REGULAR AGENDA
9. Single Bore Tunnel Technical Studies
Public Comment
Roland Lebrun, Interested Citizen, made the following comments: 1) expressed strong opposition to awarding the contract to HNTB Corporation stating their lack of qualifications for the job; 2) inquired about the other firms that were qualified; 3) expressed support with WSP working on the project; and 5) suggested staff to launch an investigation about how HNTB Corporation was selected and provide the report to the Governance and Audit Committee.
M/S/C (Carr/Nguyen) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to negotiate and execute a contract with HNTB Corporation in an amount not to exceed $980,000 for a one year period ending September 2017 to provide technical studies for a single bore tunnel alternative for Phase II of VTA’s BART Silicon Valley Extension.
RESULT: APPROVED [UNANIMOUS] MOVER: Larry Carr, Member SECONDER: Manh Nguyen, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
15. Caltrain Electrification Project Interim Financing
Michael Smith, Fiscal Resources Manager, provided an overview of the staff report.
Member Chavez arrived and took her seat at 12:12 p.m.
Upon inquiry of Member Chavez, Jim Lawson, Director of Government & Public Relations and Executive Policy Advisor, responded the project costs are included as part of the budget and would not be an additional cost.
Public Comment
Mr. Lebrun made the following comments: 1) noted the high cost of electrification; 2) commented that the trains would not meet Caltrain’s current/future capacity needs; 3) commented about how the funds are being utilized; and 4) commented about the partnership between VTA and SamTrans.
Chairperson Baker noted he is looking forward to the Caltrain changes and the opportunity to allow for more ridership.
Administration and Finance Committee Page 4 of 11 September 15, 2016
M/S/C (Nguyen/Chavez) to approve submitting a recommendation to the Board of Directors to adopt a resolution: (1) that the VTA Board, subsequent to a public hearing, has made a finding that the financing to be issued by the Peninsula Corridor Joint Powers Board (PCJPB) will result in significant public benefits and serves a public purpose and, (2) approving the issuance by PCJPB of up to $150 million of interim financing outstanding at any one time secured by farebox revenue to facilitate advancement of Caltrain's Peninsula Corridor Electrification Project (PCEP).
RESULT: APPROVED [UNANIMOUS] MOVER: Manh Nguyen, Member SECONDER: Cindy Chavez, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
16. Capitol Light Rail Extension to Eastridge: Funding Plan
Jim Unites, Executive Manager, Transit Planning & Capital Development, provided an overview of the staff report.
Members of the Committee had extensive discussion and made the following comments: 1) expressed support of the project; 2) noted their eagerness to see the light rail extensions finished; 4) noted the importance of transparency with voters in support of Measure A to assure that money is being properly utilized; 5) suggested researching any opportunities that are within the alignment related to the Vasona light rail extension project, specifically double tracking, insufficiencies and retrofits relative to light rail and how if any of it impacts funding sources; and 7) inquired about the reasons for the progress difference between Eastridge and Vasona, specifically why the Eastridge light rail extension is ready to move forward, but not the Vasona light rail extension.
The Committee requested VTA staff provide a full report on the Vasona light rail extension for the November Board to include the following: a) a funding plan; b) land use; c) frame work; and d) timeline for completion.
Nuria I. Fernandez, General Manager, noted VTA’s commitment in finishing the Vasona light rail extension. Ms. Fernandez further noted, that due to the multiple conversations surrounding the project and the ongoing studies, it would be better to wait to bring forth a full funding plan. She would like staff to receive the information from the completed studies surrounding the Vasona line before bringing a full funding plan to the Board. She also noted that once VTA’s Bart Silicon Valley Phase I is completed, VTA will know if additional funds are available from Measure A.
Administration and Finance Committee Page 5 of 11 September 15, 2016
M/S/C (Chavez/Nguyen) to approve submitting a recommendation to the Board of Directors to Approve the funding plan for the Capitol Light Rail Extension to Eastridge.
RESULT: APPROVED [UNANIMOUS] MOVER: Cindy Chavez, Member SECONDER: Manh Nguyen, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
17. South Bay Transportation Associates (SBTA) Contract Amendment
Carolyn Gonot, Interim Director of Planning of Program Development, provided an overview of the staff report.
M/S/C (Carr/Nguyen) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract amendment with South Bay Transportation Associates for program and construction management services, extending the contract term through January 31, 2017 and increasing the approved contract amount by $3.5 million for a new contract amount not to exceed $84.2 million.
RESULT: APPROVED [UNANIMOUS] MOVER: Larry Carr, Member SECONDER: Manh Nguyen, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
18. Sheriff's Contract Amendment to Increase Staffing Levels of Law Enforcement for the BART Extension and VTA Bus and Light Rail Service
Rufus Francis, Director of System Safety and Security, introduced Cathy Hendrix, Senior Management Analyst, who provided an overview of the staff report and a presentation entitled “Sherriff’s Transit Patrol S12060-Contract Amendment 5,” highlighting: 1) Historical Staffing Levels and Proposed; 2) S12060-Contract History; 3) Transit Patrol Staffing Comparison; 4) Transit Patrol Proposed Staffing-54.5 FTEs; 5) Justification- Increase Transit Patrol Staffing; 6) Violent Offenses –Increase; and 7) Transit Patrol Jurisdiction.
Ms. Fernandez commented about the challenges that some of the cities are facing due to staffing shortages. Ms. Fernandez noted the proposed plan helps to respond to VTA needs, while at the same time allow the city/county deputies to respond to more serious incidents.
Administration and Finance Committee Page 6 of 11 September 15, 2016
Members of the Committee made the following comments: 1) inquired if the proposed plan will help with the issues Sheriff’s currently deal with today; 2) inquired if the challenges that the San Jose Police Department are currently facing has any impact on the plan presented; 3) requested staff to discuss how the proposed plan will help sheriffs get ahead of the crime; 4) requested information on the type of incidents that are used for the security slide and presented at the monthly Board meeting; 5) inquired if the data gathered was part of staff’s research on other transit agencies; 6) expressed concern that the proposed infrastructure caters to the issues of the past; and 7) inquired about any cost effective alternatives to support VTA’s current needs. Member Chavez noted the benefits for the Board of Directors to have some scenarios that would walk them through how a typical incident is handled.
Ms. Fernandez noted staff’s extensive research in order to gather sufficient data to create the proposed plan placed in front of the Committee. Ms. Fernandez further noted the property agreements with the different jurisdictions in the county to help respond to incidents.
Ms. Hendrix introduced Captain Dalia Rodriguez and Lieutenant Alfredo Alanis who discussed how the different proposed staffing positions will work together. Ms. Rodriguez continued answering operational questions from Committee members.
Public Comment
Mr. Lebrun made the following comments: 1) commented about the need to feel safer on the light rail after 8:00 p.m.; 2) referenced the PowerPoint presentation slide containing information on both the Berryessa and Milpitas Stations and requested that staff place each station on separate slides; and 3) noted the lack of customers paying for the light rail train.
M/S/C (Nguyen/Chavez) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to execute a contract amendment with the County of Santa Clara, Office of the Sheriff to add additional supplemental law enforcement services increasing the approved contract amount by $18,207,195 for a new contract amount not to exceed $66,181,606. Also increase the FY 2017 VTA Transit Fund Operating Budget by $2,500,000.
RESULT: APPROVED [UNANIMOUS] MOVER: Manh Nguyen, Member SECONDER: Cindy Chavez, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
Administration and Finance Committee Page 7 of 11 September 15, 2016
19. Award of Contracts for VTA Wireless Services and Equipment
Richard Bertalan, Technology Manager, provided an overview of the staff report.
M/S/C (Carr/Nguyen) to approve submitting a recommendation to the Board of Directors to authorize the General Manager to issue multiple contracts with AT&T, Verizon, Sprint, T-Mobile and other approved providers in accordance with the National Association of State Procurement Officials (NASPO) ValuePoint and CALNET III cooperative agreements for communication services. The initial term for each contract will be three years with an option for two one-year extensions. The combined cost of the initial three year term is $2,400,000 for all firms, plus an $800,000 per year for each of the optional one-year extension, for a total of $4,000,000.
RESULT: APPROVED [UNANIMOUS] MOVER: Larry Carr, Member SECONDER: Manh Nguyen, Member AYES: Baker, Carr, Chavez, Nguyen NOES: None ABSENT: None
20. Next Network: Light Rail Service Plan Recommendation
Jason Kim, Senior Project Manager, provided an overview of the staff report and a presentation entitled “Next network Light Rail Service Plan,” highlighting 1) Existing System; 2) Existing Ridership; 3) Milpitas BART Station; 4) Recommended Operating Plan; 5) Estimated Costs; 6) Light Rail Platform Wayfinding Signage; 7) Light Rail System Map; and 8) Next Steps.
Mr. Unites noted that the report was presented to the Transit Planning & Operations (TP&O) and Congestion Management Program & Planning (CMPP) and both Committees were very supportive.
On order of Chairperson Baker and there being no objection, the Committee reviewed recommended 2017 Light Rail Operating Plan.
Public Comment
Mr. Lebrun noted customers’ frustration about the VTA express train not stopping at the Tamien station in order to catch the Caltrain. He commented that the Caltrain Members should be encouraged to rename the Blossom Hill Caltrain station to the Cottle Station. OTHER ITEMS
21. Items of Concern and Referral to Administration
There were no Items of Concern and Referral to Administration.
Administration and Finance Committee Page 8 of 11 September 15, 2016
22. Committee Work Plan
On order of Chairperson Baker and there being no objection, the Committee reviewed the Committee Work Plan.
23. Committee Staff Report
There was no Committee Staff Report.
24. Chairperson's Report
There was no Chairperson’s Report.
25. Determine Consent Agenda for the October 6, 2016, Board of Directors Meeting
CONSENT:
Agenda Item #5. Authorize the General Manager to renew benefit contract with Delta Dental for all VTA employees for calendar years 2017 and 2018.
Agenda Item #6. Authorize the General Manager to execute a contract with the lowest responsive and responsible bidder, Siemens Industry, in the amount of $9,997,235, for the construction of the Guadalupe Corridor Traction Power Substation (TPSS) Replacement, Phase 3 (C16122F) contract.
Agenda Item #7. Authorize the General Manager to execute a time and materials contract with Kimley-Horn & Associates, Inc. to complete the Tasman Corridor Complete Streets Study. The contract shall be for a period of up to 30 months and not to exceed $825,000.
Agenda Item #8. Authorize the General Manager to negotiate and execute a time and materials contract with Moore Iacofano Goltsman, Inc. (MIG, Inc.) to complete the Bascom Corridor Complete Streets Study. The contract shall be for a period of up to 30 months and not to exceed $810,000.
Agenda Item #9. Authorize the General Manager to negotiate and execute a contract with HNTB Corporation in an amount not to exceed $980,000 for a one year period ending September 2017 to provide technical studies for a single bore tunnel alternative for Phase II of VTA’s BART Silicon Valley Extension.
Agenda Item #10. 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;
Negotiate and enter into cooperative funding agreements 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;
Administration and Finance Committee Page 9 of 11 September 15, 2016
Approve $4 million in Vehicle Registration Fee matching funds for the SR 237 Express Lanes Phase 2 project.
Agenda Item #11. Authorize the General Manager to execute a Contract with Willis Towers Watson, dba, Willis of California, Inc. for Insurance & Risk Management Brokerage Services for a three year fixed fee contract of $375,000 ($125,000 per year) from October 15, 2016 to October 14, 2019 with options for two one year extensions for a total contract amount not to exceed $625,000.
Agenda Item #12. Receive the Annual Operations Insurance Renewal Report FY 2016- 2017.
Agenda Item #13. Review the Legislative Update Matrix.
Agenda Item #14. Receive the Monthly Investment Report for July 2016.
Agenda Item #17. Authorize the General Manager to execute a contract amendment with South Bay Transportation Associates for program and construction management services, extending the contract term through January 31, 2017 and increasing the approved contract amount by $3.5 million for a new contract amount not to exceed $84.2 million.
Agenda Item #19. Authorize the General Manager to issue multiple contracts with AT&T, Verizon, Sprint, T-Mobile and other approved providers in accordance with the National Association of State Procurement Officials (NASPO) ValuePoint and CALNET III cooperative agreements for communication services. The initial term for each contract will be three years with an option for two one-year extensions. The combined cost of the initial three year term is $2,400,000 for all firms, plus an $800,000 per year for each of the optional one-year extension, for a total of $4,000,000.
REGULAR:
Agenda Item #15. Adopt a resolution: (1) that the VTA Board, subsequent to a public hearing, has made a finding that the financing to be issued by the Peninsula Corridor Joint Powers Board (PCJPB) will result in significant public benefits and serves a public purpose and, (2) approving the issuance by PCJPB of up to $150 million of interim financing outstanding at any one time secured by farebox revenue to facilitate advancement of Caltrain's Peninsula Corridor Electrification Project (PCEP).
Agenda Item #16. Approve the funding plan for the Capitol Light Rail Extension to Eastridge.
Agenda Item #18. Authorize the General Manager to execute a contract amendment with the County of Santa Clara, Office of the Sheriff to add additional supplemental law enforcement services increasing the approved contract amount by $18,207,195 for a new contract amount not to exceed $66,181,606. Also increase the FY 2017 VTA Transit Fund Operating Budget by $2,500,000.
Agenda Item #20. Review recommended 2017 Light Rail Operating Plan.
Administration and Finance Committee Page 10 of 11 September 15, 2016
26. Announcements
There were no Announcements.
27. Adjournment
On order of Chairperson Baker and there being no objection, the meeting was adjourned at 1:11 p.m.
Respectfully submitted,
Theadora Abraham, Board Assistant
VTA Office of the Board Secretary
Administration and Finance Committee Page 11 of 11 September 15, 2016
5
Date: October 3, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Chief Financial Officer, Raj Srinath
SUBJECT: Fiscal Year 2016 Statement of Revenues and Expenses for the Period Ending June 30, 2016
Policy-Related Action: No Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
Review and accept the Fiscal Year 2016 Statement of Revenues and Expenses for the period ending June 30, 2016.
DISCUSSION:
This memorandum provides a brief discussion of significant items and trends on the attached preliminary and unaudited Statement of Revenues and Expenses through June 30, 2016. The schedule has been designed to follow the same company-wide line item rollup as included in the adopted budget. The columns have been designed to provide easy comparison of actual to budget activities for the current fiscal year, along with columns reflecting the dollar and percentage variance from budget.
The following are highlights of the current Statement of Revenues and Expenses:
Revenues
Fiscal Year 2016 Total Revenues (line 14) were below budget estimates by $11.5M, primarily due to unfavorable variances in Fares (line 1), 1976 Half-Cent Sales Tax (line 2), STA (line 5), and Federal Operating Grants (line 6). This negative variance was partially offset by a favorable variance in TDA (line 3) and Investment Earnings (line 8).
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 5
Fares (line 1) shows a negative variance of $3.0M. This variance is due primarily to lower ridership than budgeted.
1976 Half-Cent Sales Tax (line 2) shows a slight (1.0%) decline of $2.0M from budget estimates.
TDA (line 3) shows a slight (1.0%) increase of $1.0M from budget estimates. Due to timing of receipts, this sales-tax based item increased even though sales tax revenues declined for the period.
STA (line 5) reflects an unfavorable variance of $1.1M due to the continued reduction in the price of diesel fuel. STA revenues are derived entirely from the sales tax on diesel fuel.
Federal Operating Grants (line 6) shows a $7.6M negative variance primarily related to $8M in preventive maintenance funds in support of the Mountain View Double Track Project as a pass through (see Contribution to Other Agencies below) to the 2000 Measure A Transit Improvement Program. These funds were budgeted in FY 2016 but were received in FY 2015.
Investment Earnings (line 8) reflects a favorable variance of $1.1M due primarily to a higher than anticipated portfolio balance.
Expenses
Overall, Fiscal year-to-date Total Expenses (line 43) were $22.6M below budget driven primarily by favorable variances in Labor Costs (line 15), Professional & Special Services (line 18), Fuel (line 20), and Contribution to Other Agencies (line 38). This positive variance was partially offset by an unfavorable variance in Materials & Supplies (line 16) and Reimbursements (line 31).
Labor (line 15) shows a positive variance of $9.8M due primarily to savings related to health insurance premiums and workers’ compensation rates, and a higher than budgeted vacancy rate.
Materials & Supplies (line 16) reflects an unfavorable variance of $3.5M due primarily to increased preventive maintenance costs on an aging Light Rail Vehicle fleet.
Professional & Special Services (line 18) has a positive variance of $1.9M due primarily to timing of planned activities.
Fuel (line 19) reflects a favorable variance of $4.9M due to lower per gallon costs than budgeted. Average diesel price per gallon paid for the fiscal year was $1.79 versus a budgeted price of $2.75.
Reimbursements (line 31) has a negative variance of $2.5M due primarily to timing of reimbursable project activities and the assignment of staff to non-reimbursable activities.
Contribution to Other Agencies (line 38) has a positive variance of $7.5M due primarily to the pass through of $8M in preventive maintenance funds in support of the Mountain View Double Track Project that was budgeted in FY 2016 but received and paid out in FY 2015.
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SUMMARY:
Total Revenues (line 14) for FY 2016 were $408.7M and Total Expenses (line 43) were $398.4M resulting in a positive Operating Balance (line 44) of $10.3M. As shown on the attached Sources and Uses of Funds Summary, $1.2M of the Operating Balance was transferred to the VTA Transit Fund Operating Reserve to maintain a reserve equal to 15% of the FY 2017 annual operating budget. The remaining $9.1M was transferred to the Debt Reduction Fund for future capital needs in compliance with section 1.2.4 of the VTA Transit Fund Comprehensive Reserve Policy.
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
Prepared by: Carol Lawson, Fiscal Resources Manager Memo No. 5256
ATTACHMENTS: FY16 4Q Rev Exp Attachment (PDF)
Page 3 of 3 5.a
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY STATEMENT OF REVENUES AND EXPENSES Fiscal Year 2016 through June 30, 2016 (Dollars in Thousands) Preliminary Unaudited
FY 2016 FY 2016 % Line Category Current Variance Actual Variance Budget1 1 Fares 37,663 40,618 (2,955) -7.3% 2 1976 Half-Cent Sales Tax 205,418 207,439 (2,021) -1.0% 3 TDA 98,519 97,496 1,023 1.0% 4 Measure A Sales Tax-Oper Asst 37,954 38,287 (333) -0.9% 5 STA 13,632 14,765 (1,133) -7.7% 6 Federal Operating Grants 4,105 11,704 (7,599) -64.9% 7 State Operating Grants 1,984 2,223 (238) -10.7% 8 Investment Earnings 2,580 1,425 1,155 81.1% 9 Advertising Income 2,515 2,115 400 18.9% 10 Measure A Repayment Obligation 15,007 15,306 (299) -2.0% 11 Other Income 2,937 2,446 490 20.0% 12 Transfer for Capital (33,600) (33,600) 0 0.0% 13 Debt Reduction Fund Contribution 19,965 19,965 0 0.0% 14 Total Revenues 408,680 420,189 (11,509) -2.7% 15 Labor Costs 300,238 310,073 9,835 3.2% 16 Materials & Supplies 22,949 19,408 (3,541) -18.2% 17 Security 11,420 12,183 763 6.3% 18 Professional & Special Services 5,829 7,772 1,943 25.0% 19 Other Services 7,748 7,893 145 1.8% 20 Fuel 7,830 12,723 4,893 38.5% 21 Traction Power 4,241 3,819 (422) -11.0% 22 Tires 2,068 2,114 46 2.2% 23 Utilities 3,105 3,010 (95) -3.2% 24 Insurance 4,923 5,716 793 13.9% 25 Data Processing 3,916 4,779 863 18.1% 26 Office Expense 425 426 0 0.1% 27 Communications 1,562 1,606 44 2.7% 28 Employee Related Expense 1,048 1,045 (3) -0.3% 29 Leases & Rents 919 776 (143) -18.4% 30 Miscellaneous 911 952 41 4.3% 31 Reimbursements (36,374) (38,838) (2,465) 6.3% 32 Subtotal Operating Expense 342,758 355,456 12,698 3.6% 33 Paratransit 19,805 19,817 12 0.1% 34 Caltrain 8,414 8,390 (24) -0.3% 35 Altamont Corridor Express 4,838 5,023 185 3.7% 36 Highway 17 Express 270 366 96 26.3% 37 Monterey-San Jose Express Service 35 35 0 0.0% 38 Contribution to Other Agencies 890 8,379 7,488 89.4% 39 Debt Service 21,351 21,668 317 1.5% 40 Subtotal Other Expense 55,603 63,678 8,075 12.7%
41 Operating & Other Expenses 398,361 419,134 20,773 5.0% 42 Contingency 0 1,845 1,845 N/A 43 Total Expenses 398,361 420,979 22,618 5.4% 44 Operating Balance 10,319 (790) 11,109
Note: Totals and percentages may not be precise due to independent rounding.
1 Reflects Adopted Budget approved by the Board on June 4, 2015 and $1.4M augmentation approved by the Board on October 1, 2015
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SANTA CLARA VALLEY TRANSPORTATION AUTHORITY SOURCES AND USES OF FUNDS SUMMARY Fiscal Year 2016 through June 30, 2016 (Dollar in Thousands) Preliminary Unaudited
FY16 FY16 FY16 Line Description Adopted Current Actual Budget1 Budget2 Operating Balance 1 Total Operating Revenues 420,189 420,189 408,680 2 Total Operating Expenses (419,579) (420,979) (398,361) 3 Operating Balance 610 (790) 10,319
Operating Balance Transfers 4 Operating Balance 610 (790) 10,319 5 Transfer From/(To) Sales Tax Stabilization Fund 0 0 0 6 Transfer From/(To) Operating Reserve (610) 790 (1,210) 7 Transfer to Debt Reduction Fund for Future Capital 0 0 9,109
Operating Reserve 8 Beginning Operating Reserve 62,937 62,937 62,937 9 Transfer From/(To) Operating Balance 610 (790) 1,210 10 Ending Operating Reserves 63,547 62,147 64,147
11 Operating Reserve %3 15.0% 14.7% 15.0%
Note: Totals may not be precise due to independent rounding.
1 Adopted Budget approved by the Board on June 4, 2015 2 Reflects $1.4M augmentation approved by the Board on October 1, 2015 3 Line 10 divided by FY17 Budgeted Operating Expenses
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Date: October 11, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Chief Financial Officer, Raj Srinath
SUBJECT: Agreement with the City of Mountain View for dedication of Public Access Easements adjacent to the Whisman Light Rail Station
Policy-Related Action: No Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
Authorize the General Manager to execute a Dedication Agreement (Agreement) and subsequent real estate documents with the City of Mountain View (City) regarding the dedication of public access and utility easements that will provide better pedestrian, bike and vehicular connections around VTA’s Whisman Light Rail Station in Mountain View.
BACKGROUND:
In the mid 1990’s, the Santa Clara Valley Transportation Authority (VTA) acquired fee title from Southern Pacific Railroad to build a portion of the Tasman West light rail extension. Upon completion of the Tasman West line around the Whisman Station area, single family residential units were subsequently built to the west and southeast of the station. Now higher density townhome and multifamily units are being entitled by Pulte Homes and EFL Development to the east, northeast, and northwest of the station.
Currently, the only public access connection in the area is a crossing south of the Whisman Station at Whisman Station Road. However, this public connection does not provide public access to the proposed development. The other points of access that cross the VTA tracks are at Pacific Drive and the Kalcic crossing, both of which have been restricted by private easements. In early 2016, the City, Pulte Homes, and EFL Development approached VTA to upgrade the current railroad crossing signals to accommodate the change from private to public crossings. VTA Operations, Engineering and Transportation Infrastructure Development (ETID), and Systems Safety, subsequently, on August 12, 2016 signed-off on the City’s California Public
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 6
Utilities Commission (CPUC) General Order 88-B application to alter and upgrade these two crossings for public use.
DISCUSSION:
While the CPUC action defines the upgraded signal and safety improvements and designation as public crossings, the City requires formal easement rights. As depicted in the attached Exhibit “A”, VTA Real Estate is proposing an Agreement with the City to dedicate 1) a Public Access Easement for bike and pedestrian only crossing at Pacific Drive, 2) a Public Access and Utility Easement for bike, pedestrian, vehicular and public utilities crossing at the Infinity Way/Kalcic crossing and 3) a Public Access Easement for a new bike and pedestrian trail along the western VTA property line and parallel to the VTA light rail tracks.
All of the improvements and maintenance within these proposed easements will be at the sole cost and responsibility of the City. These public access crossings will provide significant benefit to VTA by connecting surrounding high density development to the Whisman Station. One of the key concepts and policy goals in VTA’s Community Design and Transportation Program Manual (CDT) is integrating street, pedestrian and bicycle networks, public transit, buildings and activity centers to get more from transportation resources in order to form more diverse and livable places.
ALTERNATIVES:
The Board could choose to dedicate only a public crossing easement, and not the bike and pedestrian trail. However, this action would result in the lack of a public access and trail along the northern property line and therefore, would not connect the existing City of Mountain View pedestrian and bike network to Whisman Station. If the Board chose only to authorize the public access easement along the northern property line, the lack of public access crossings would severely limit future high density development, which would provide vital bike, pedestrian and vehicular connections to Whisman Station.
FISCAL IMPACT:
There are no fiscal impacts resulting from this Agreement. The construction and ongoing maintenance of the road crossings, public utilities and bike trail will be at the sole cost and responsibility of the City. The dedication of these rights of public access provides enhanced permanent connections from the surrounding community to VTA’s light rail system.
Prepared by: Kevin Balak Memo No. 5774
ATTACHMENTS: Exhibit A - 5774 – Whisman Station Area Public Access Easements (PDF)
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Date: October 12, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot
SUBJECT: Program 1996 Measure B Funds to the Caltrain Los Gatos Creek Bridge
Policy-Related Action: No Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
Program $300,000 in 1996 Measure B funds to the Caltrain Los Gatos Creek Bridge project, and authorize the General Manager to enter into funding agreements with Caltrain Joint Powers Board (JPB)to implement this action. BACKGROUND:
In November 1996, the Santa Clara County voters enacted Measure B, a 9-year, one-half cent general sales tax. In that same election, the voters also approved Measure A, an advisory measure, directing the expenditure of 1996 Measure B funds. The 1996 Measure included funding for Caltrain improvements in Santa Clara County.
On June 26, 2007, VTA and the County of Santa Clara executed a close-out agreement which directed residual Measure B funds to "additional Caltrain projects and/or Pavement Management projects, at the sole discretion of the VTA Board of Directors".
DISCUSSION:
The Caltrain railroad bridge over Los Gatos Creek in San Jose has reached the end of its useful life and requires reconstruction. Caltrain's Los Gatos Creek Bridge Replacement Project will remove and replace the existing steel and timber Caltrain rail bridge, located immediately south of the San Jose Diridon station, with three (3) new single track bridges. In order to comply with environmental regulations, the new Caltrain bridges will have longer spans that reduce the impact to stream channel flow. The project will also include slope stabilization and site mitigation measures including, in part, the construction of a 144-foot long retaining wall along
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 7
the west bank of the project site.
The City of San Jose’s Department of Parks, Recreation, and Neighborhood Services (PRNS) has a separate project to design and construct a bike trail (the Los Gatos Creek Trail Extension Reach 5/B), within the same project limits as the Los Gatos Creek Bridge Replacement Project. Reach 5/B is at a Caltrain under-crossing at West San Carlos Street; it extends from the existing trail from Auzerais Avenue to Bird Avenue. The proposed bike trail is adjacent to the retaining wall to be constructed by the Bridge Project.
Caltrain JPB staff has been working closely with the City of San Jose’s PRNS and Department of Public Works (DPW) for the last two years to ensure that the Caltrain project does not preclude the City’s planned trail project. Caltrain has been coordinating the design of the Bridge Project’s retaining wall with PRNS in order to help facilitate future trail construction. Caltrain has agreed to design and construct a deeper version of the retaining wall to support the needs of the bike trail project. The estimated cost to design and construct the additional portion of the retaining wall is $300,000.
Caltrain had obtained Federal Transit Administration (FTA) formula grants to pay for the entire cost of the bridge replacement project, but FTA subsequently disallowed the use of the transit grant funds on the retaining wall enhancements. In order to keep the scope in the project, Caltrain has proposed a fund exchange with VTA. VTA will provide Caltrain with $300,000 in non-Federal funds to construct the augmented scope. Caltrain will in turn provide VTA with $300,000 in FTA grant funds for an eligible transit project.
The Los Gatos Creek Trail Extension is a significant gap in the county’s bicycle network. VTA staff has identified residual 1996 Measure B funds which can be used by Caltrain for this purpose. Staff recommends that the VTA Board program these funds to Caltrain for the Los Gatos Creek Bridge replacement, and authorize the General Manager to enter into a funding agreement with Caltrain for the project.
Caltrain will provide VTA with access to $300,000 in FTA grant funds. VTA staff also recommend that the VTA Board determine the use of these FTA funds through the upcoming 2018 and 2019 VTA Capital Budget process. The VTA Board is scheduled to adopt the new budget in June 2017. ALTERNATIVES:
The Board may choose not to program any 1996 Measure B funds to the Caltrain Los Gatos Creek Bridge project or to program a different amount. FISCAL IMPACT:
If approved, this action will provide $300,000 in 1996 Measure B funds to the Caltrain Los Gatos Creek Bridget project and $300,000 in Federal Transit Agency (FTA) grants for projects to be included in the Proposed FY18 & FY19 VTA Transit Fund Capital Budget.
Prepared by: Marcella Rensi Memo No. 5719
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Date: October 12, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Renewal of RTC Program Management Contract
Policy-Related Action: No Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
Authorize the General Manager to execute an agreement between the Metropolitan Transportation Commission (MTC), Alameda Contra Costa Transit District (AC Transit), and VTA regarding management of the Regional Transit Discount Card (RTC) program. The agreement will go into effect upon execution and be in effect until June 30, 2020. BACKGROUND:
The RTC is the regional program for qualified persons with disabilities, which makes it easy to provide proof of eligibility for the discounted disabled fare on all participating transportation agencies. In addition, the RTC card is Clipper enabled, allowing passengers to load cash value or discounted disabled passes on the card. VTA currently partners with MTC and the other transportation agencies that participate in the RTC program (Alameda Contra Costa Transit District (ACT), San Francisco Bay Area Rapid Transit District (BART), Central Contra Costa Transit Authority (CCCTA), Eastern Contra Costa Transit Authority (ECCTA), Golden Gate Bridge, Highway and Transportation District (Golden Gate Transit), Livermore Amador Valley Transit Authority (LAVTA), The City of Petaluma, The City and County of San Francisco, by its Municipal Transportation Agency (SFMTA), Sam Mateo County Transit District (SamTrans), City of Santa Rosa, Solano County Transit (SolTrans), Solano Transportation Authority (STA), and Sonoma County Transit.) Agencies share the cost of running the program. The existing agreement has been amended so that cost sharing proportions (formula) more closely reflects RTC card issuance data.
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The agreement being recommended for approval with this board action is necessary to execute a new formula rate, which lowers VTA portion of program costs from 25% of the total to 18%. The new agreement will be in effect from July 1, 2016 through June 30, 2020.
DISCUSSION:
The formula rate was negotiated based on agency card issuance activity, and reflects the proportional decrease in enrollment by VTA customers. The resulting formula decreased from 25% of program cost to 18%, and through the new agreement, the rate can be recalculated in the future if usage trends change. Based on previous year’s usage and current formula, the annual cost of the RTC program is $490,178, with VTA’s portion estimated at $122,544 per year. Assuming the same annual cost, the new agreement will decrease VTA’s program contribution to approximately $88,233 annually, a decrease of $34,312 per year.
ALTERNATIVES:
The Board could decide not to adopt the RTC Management Agreement. If the agreement is not adopted VTA would be obligated to the larger 25% share until the end of the current agreement, which will expire June 30, 2017. A new agreement must be adopted by the expiration of the current agreement or VTA will cease to participate in the RTC program. FISCAL IMPACT:
VTA’s proportion of program costs will decrease under this new agreement from a 25% share to a 17% share. The decrease in share cost will result in an estimated cost savings of $34,312 per year. Appropriation for these expenditures through June 30, 2017 is included in the FY 2017 Adopted VTA Transit Fund Operating Budget. Appropriation for the remainder of the contract period will be included in future Proposed VTA Transit Fund Operating Budgets.
Prepared by: Patrick Griffin Memo No. 5777
ATTACHMENTS: Attachment A - RTC final 7 08 16 VTA (PDF)
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AGREEMENT REGARDING MANAGEMENT OF THE REGIONAL TRANSIT DISCOUNT CARD PROGRAM BETWEEN THE "LEAD AGENCY", THE METROPOLITAN TRANSPORTATION COMMISSION AND "TRANSIT AGENCY"
This Agreement is made this day of , 2016, by and among the LEAD AGENCY (Alameda Contra Costa Transit District [ACT] or [Lead Agency]), the Metropolitan Transportation Commission (MTC), San Francisco Bay Area Rapid Transit District (BART), Central Contra Costa Transit Authority, (CCCTA), Eastern Contra Costa Transit Authority (ECCTA), Golden Gate Bridge, Highway and Transportation District (Golden Gate Transit), Livermore Amador Valley Transit Authority (LAVTA), the City of Petaluma, the City and County of San Francisco, by its Municipal Transportation Agency (SFMTA), San Mateo County Transit District (SamTrans), City of Santa Rosa, Solano County Transit (Soltrans), Solano Transportation Authority (STA), Sonoma County Transit, and Santa Clara Valley Transportation Authority (VTA), (individually and collectively referred to herein as "Transit Operator(s)").
A. GENERAL 1. Purpose of Agreement: This Agreement describes the respective responsibilities of the Transit Operators, Lead Agency, and MTC for management of and payment for the Regional Transit Discount Card (RTC) Program. The design, development and implementation of policies and procedures for the central processing of RTC Discount Cards and maintenance of the RTC database are based on agreements reached by the Transit Operators working through the Bay Area Partnership Accessibility Committee (BAPAC) of the Partnership Transit Coordinating Council (PTCC).
2. Medical Verifier: As used throughout this Agreement, the term "Medical Verifier" refers to a firm under contract with the Lead Agency that verifies applicant's eligibility on behalf of the RTC Discount Card Program. The responsibilities of the Medical Verifier include, but are not limited to, maintaining the RTC Discount Card database and the subdirectory. The expense of the Medical Verifier is covered by the annual budget described in Section D.1(c) of the Agreement.
B. TRANSIT OPERATOR RESPONSIBILITIES 1. Transit Operator will implement the RTC Discount Card Program as approved and as may be amended by the PTCC. Transit Operator responsibilities include:
a. First Line Customer Service: Transit Operator staff provides front-line customer service for the Discount Card Program. This includes application distribution and acceptance, answering questions regarding the basic requirements and eligibility parameters of the program, collecting fees, and assisting with lost card replacement and renewal of expired cards. Transit Operator staff will check application status by accessing the database or by making phone contact with the Medical Verifier. In addition, staff will explain the interrelationship of Clipper® and the RTC Discount Card and direct customers to Clipper Customer Service for issues related to the smart card features of their card.
b. Application Acceptance: Transit Operator staff will explain the program and application process to applicants, outline the time-frame of the application process, confirm the identity of the applicant, photograph the applicant, ensure that the application is complete, and assist the Medical Verifier in acquiring complete and accurate information.
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c. Data Transmission to and from the Medical Verifier: Transit Operators are responsible for scanning the application and electronically transmitting that data to the Medical Verifier on an agreed-to schedule to ensure timely application processing; and thereafter forwarding original applications to the Medical Verifier. Applications must be transmitted within 7 days to meet the 21-day customer service standard.
d. Participate in Appeals Process: Transit Operator will take part in the processing of appeals submitted by customers whose application originated from its application office. Transit Operator will provide information relevant to the appeal, will designate a staff person to hear the appeal and adhere to other policies and procedures for the appeals process as agreed to by participating operators.
2. Transit Operator is responsible for providing adequate space, a secure and reliable power source, a dedicated telephone line, and an appropriate environment for the hardware and operation of the RTC Discount Card Program.
3. Transit Operator is responsible for maintaining and replacing, as necessary, computer equipment that is fully compatible with that used by the Medical Verifier and other Transit Operators participating in the program. Transit Operator is also responsible for all operating system maintenance (such as upgrading to new versions of Windows, network software and similar "systems" software and installation of Lightswitch Data Entry Software) at the Transit Operator site.
4. Transit Operator is responsible for providing its staff with training on Microsoft Windows and the fundamentals of PC operations. If the RTC database is used on a network, the Transit Operator is also responsible for all training and administration required for network operators.
5. Transit Operator will maintain all records containing personal information, as defined in California Civil Code Section 1798.3(a), with accuracy, relevance, timeliness, and completeness, to the maximum extent possible. Transit Operator may not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the disclosure meets the requirements of Civil Code Section 1798.24 et seq. Transit Operator will establish appropriate and reasonable administrative, technical and physical safeguards to ensure compliance with the provisions of this paragraph, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity.
6. If Transit Operator intends to transfer the information in the RTC database to another program such as an alternative database for auditing purposes, the Transit Operator is solely responsible for these operations and any expenses related to these operations. The database includes a function for exporting information, but the Transit Operator is solely responsible for the transfer and manipulation of the information outside of the RTC program database.
7. Transit Operator is responsible for carrying out appropriate procedures to back up information forwarded to the Medical Verifier (e.g., providing hard copy of application and/or datafile storage of backup files).
8. Transit Operator may implement programs and procedures ancillary to and complementary to the Regional Transit Discount Card Program.
9. Transit Operators will reimburse ACT (Lead Agency) for the Medical Verifier and associated management costs on a schedule established by the Lead Agency. Transit Operator's share of the program costs are based on the percentage shares recommended by the BAPAC and, if 8.a
required, approved by the PTCC. Participating Transit Operator shares will be reviewed on a periodic basis by the BAPAC and will be based upon, in general, actual cards issued over an agreed upon timeframe. Any proposed alteration/change in the percentage allocations shown below may be done in writing without a formal amendment. The Transit Operators percentage allocations are shown below:
Agency Percentage AC Transit (Lead Agency) 24.0 BART 16.0 CCCTA 4.0 ECCTA 2.0 Golden Gate Transit 2.0 LAVTA 1.0 Petaluma Transit 1.0 SFMTA 24.0 SamTrans 4.0 Santa Rosa Transit 1.0 Solano County Transit 1.0 Solano Transportation Authority 1.0 Sonoma Transit 1.0 VTA 18.0 100.0
C. MTC RESPONSIBILITIES 1. In accordance with the Amended and Restated Clipper Memorandum of Understanding, dated February19, 2016 ("Clipper MOU"), MTC is responsible for operating the Clipper automated fare payment system ("Clipper"). MTC has entered into a contract with Cubic Transportation Systems, Inc. ("Clipper Contractor") to operate and maintain Clipper through November 2, 2019; after November 19, 2019, the Clipper® Contractor may change.
2. In accordance with its duties and responsibilities as contracting agency for the Clipper® Contractor, MTC will contract with the Clipper® Contractor for performance of work specific to the RTC program. This work includes, but is not limited to, production and distribution of RTC Clipper® cards, customer service for RTC Clipper® Card customers, and coordination of responsibilities with the RTC Medical Verifier.
3. MTC will invoice the Lead Agency on a monthly basis for the Clipper Contractor’s costs billed to MTC for intake, card production, and printing supplies, including sales tax. These costs will be shared by the Transit Operators as defined in B.9 above.
4. MTC is responsible for monitoring the performance of the RTC Discount Card Program relative to MTC's Transit Coordination Implementation Plan adopted, in accordance with the requirements of California Government Code Sections 66516 and 66516.5.
D. LEAD AGENCY RESPONSIBILITIES 1. As Lead Agency, ACT will perform overall program monitoring, contracting and management of medical verification services, and overall program financial management. Specific responsibilities include:
a. Medical Verifier Contracting: Lead Agency will issue the Request for Proposals (RFP), manage the selection process and contract with the Medical Verifier to carry out the responsibilities as described in the Medical Verifier Work Scope.
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b. Medical Verifier Management: Lead Agency provides the staff assistance necessary to manage the Medical Verifier contract, to ensure that work is performed in accordance with the objectives of the RTC Discount Card Program and the policies of the PTCC. Lead Agency reviews all management reports, annual budgets and work plans from the Medical Verifier and facilitates discussion regarding program operations between individual Transit Operators and the Medical Verifier. c. Budgeting and Billing: Lead agency will present an annual budget for the program to the BAPAC and the PTCC, if required, no later than March 30th of each year specifying Lead Agency, MTC, and Medical Verifier costs. Lead Agency invoices operators quarterly in advance for its share of costs based on the budget approved and the distribution outlined in B.9. d. Management Fees and Escalation of Costs: Lead Agency will charge $75,000 annually for the initial term of this agreement (July 1, 2016 – June 30, 2020). This charge to the Transit Operator will be billed quarterly per subsection (c) above and based on the percentage allocations contained in section B.9. The management fees are subject to escalation should Lead Agency determine that the fees do not cover the full cost of the program management and oversight. Any suggestions of escalation shall be raised at the Lead Agency's annual year-end budget review and subject to approval of all Transit Operators. e. Database Oversight: The Medical Verifier is responsible for day-to-day operation of the RTC Database. Ownership of the RTC Database will be transferred from MTC to the Lead Agency. Lead Agency will then perform oversight for this function and ensure that requirements for routine service and technical support for the database are met. The Medical Verifier shall be responsible for day-to-day operation of the RTC Database. The costs of database maintenance and technical support are included in the annual budget for the Medical Verifier, as approved by the BAPAC/PTCC.
Modifications to the RTC Database software may be undertaken by the Medical Verifier, under the direction of the Lead Agency. f. Appeals Process Management: Lead Agency will review all appeals of denials of applications and will manage the appeals process. g. Attendant Card Use Monitoring: Lead Agency will review monthly reports of attendant card use and manage the disciplinary process. h. Periodic Program Audits: Lead Agency is responsible for arranging for an independent audit of the Medical Verifier operations and the database on a periodic basis. The costs of the audit will be included in the annual budget. The purpose of the audit is to ensure the reliability of the information in the database, control over the cardstock, and consistent application of program policies in the eligibility process. Results of the audit will be reported to the BAPAC. i. Enforcement Proceedings: Lead Agency will work with Transit Operators relative to any enforcement action needed to address RTC Discount Card fraud or abuse on the part of applicants or certifiers and direct the Medical Verifier to implement decisions of the Transit Operators as appropriate. j. BAPAC Coordination: Lead Agency is responsible for regularly attending meetings of the BAPAC to respond to questions and resolve problems related to the program. Lead Agency is also responsible for monthly reports to the BAPAC on the Medical Verifier contract and 8.a
database operations, attendant card use, and card distribution and customer service performance.
2. Lead Agency will ensure that the Medical Verifier maintains all records containing personal information, as defined in California Civil Code Section 1798.3(a), with accuracy, relevance, timeliness, and completeness, to the maximum extent possible. Neither Lead Agency nor the Medical Verifier may disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the disclosure meets the requirements of Civil Code Section 1798.24 et seq. Lead Agency shall also ensure that the Medical Verifier establish appropriate and reasonable administrative, technical and physical safeguards to ensure compliance with the provisions of this paragraph, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity which could result in any injury.
3. Lead Agency will allow Transit Operators the opportunity to inspect and copy all of the books, works, documents, papers, materials, payrolls, records, accounts, and all other data of Lead Agency and the Medical Verifier relative to the component of the RTC Discount Card Program applicable to Transit Operator and in accordance with the safeguards set forth in paragraph 2 above. Upon termination of this Agreement, Lead Agency will forward applicable records to Transit Operators.
E. MUTUAL INDEMNIFICATION No Party to this this Agreement (including any of its directors, commissioners, officers, agents or employees) shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with this Agreement. Pursuant to Government Code Section 895.4, each Party agrees to fully indemnify and hold other Parties harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by such indemnifying Party under or in connection with this Agreement and for which such indemnifying Party would otherwise be liable. F. MUTUAL WARRANTIES ACT, MTC and Transit Operator represent and warrant that the individual executing the Agreement on behalf of the respective entity is duly authorized to execute and deliver this Agreement, and that this Agreement is binding upon ACT, MTC and Transit Operator in accordance with its terms.
G. PROCESS FOR PROGRAM CHANGES During the term of this Agreement it may be necessary or desirable to make changes in the program. Transit Operator, MTC, and/or the Lead Agency may request changes. To facilitate the orderly implementation of changes the following general process will be followed:
Changes which do not involve formal policies of the program, can be implemented following approval by the BAPAC, on the schedule agreed upon by said Committee. This will include modifications/alterations to the percentage allocations
Changes which require an amendment to this agreement, or which constitute a change in formal program policies, must be reviewed and approved by the BAPAC and subsequently by the PTCC, and implemented in accordance with a schedule and a process agreed upon by the PTCC.
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H. NOTICES All notices required hereunder may be given by physical delivery, U.S. Mail, courier service (such as Federal Express), or facsimile transmission. Notices shall be effective upon receipt at the following addresses:
AC TRANSIT: Alameda-Contra Costa Transit District 1600 Franklin Street Oakland, CA 94612 Attn: Victoria Einhaus, Customer Services Manager Fax:
MTC: Metropolitan Transportation Commission 375 Beale St., Suite 800San Francisco, CA 94105 Attn: ______Fax:
Transit Operator: Santa Clara Valley Transportation Authority 3331 North First Street, Building B San Jose, CA 95134 Attn: Patrick Griffin, Customer Service Manager Instead of faxing, email scanned documents to: [email protected]
I. TERM The term of the Agreement will be effective beginning on July 1, 2016 and continuing through June 30, 2020, with options for multiple extensions upon approval of ACT, MTC and Transit Operators.
J. APPLICABLE LAW This Agreement shall be interpreted under and pursuant to the laws of the State of California. ACT, MTC, and Transit Operator agree that the jurisdiction and venue of any dispute between the parties to this Agreement shall be the Superior Court of Alameda County.
K. SEVERABILITY If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
L. BINDING UPON SUCCESSORS This Agreement shall be binding upon and inure to the benefit of the transferees, successors and assigns of each of the parties to it, except that there shall be no transfer of any interest by either of the parties to this Agreement except pursuant to the terms of the Agreement.
M. TRANSFER OF ENTIRE AGREEMENT TO SUCCESSOR AGENCY By mutual agreement between the Lead Agency, MTC and a named Successor Lead Agency, in writing, the role and responsibilities of Lead Agency under this agreement may be transferred in whole to the Successor Lead Agency with ninety (90) days written notification to the Transit Operators.
N. AMENDMENTS This Agreement may be amended from time to time with the written consent of the parties.
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O. EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts, and when all the parties have signed such counterparts, they shall constitute a duplicate original; provided, however, that revisions made to the final Agreement circulated for signature shall nullify any signatures provided prior to such purported change and require the written approval of the signing parties.
ALAMEDA-CONTRA COSTA Santa Clara Valley Transportation Authority TRANSIT DISTRICT
Michael Hursh Nuria Fernandez General Manager General Manager
Approved as to form and content:
Approved as to form and content:
Robert Fabela General Counsel
Denise Standdridge General Counsel
METROPOLITAN TRANSPORTATION COMMISSION
Steve Heminger
Approved as to form and content:
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Date: October 13, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Board Secretary, Elaine Baltao
SUBJECT: Amended Conflict of Interest Code, Designated Positions and Disclosure Categories
Policy-Related Action: Yes Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
Adopt the amended Conflict of Interest Code for the Santa Clara Valley Transportation Authority (VTA) and its Appendix of Designated Positions and Disclosure Categories and direct the Board Secretary to submit the revised Conflict of Interest Code and the list of designated positions to the Santa Clara County Board of Supervisors for approval.
BACKGROUND:
The Political Reform Act of 1974 requires every local and state governmental agency to adopt a Conflict of Interest Code and to designate those positions which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest. Following adoption by VTA's Board of Directors, the Code and Appendix must be submitted to a code-reviewing body for approval. In VTA's case, this is the Santa Clara County Board of Supervisors.
The Act requires each agency to revise its Code as circumstances change, such as the creation of new positions, deletion of positions and changes in duties assigned to existing positions. The Code must be amended to incorporate these changes and then forwarded to the code-reviewing body for approval. (Government Code Section 87306.)
DISCUSSION:
The list of designated positions in the VTA Conflict of Interest Code needs to be amended to add
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 9
new positions, incorporate changed position titles, and to delete some positions, reflecting the changed circumstances in the organization over the past two-year period. A revised Code incorporating these changes is attached. (A redlined draft of the revised Appendix to the Code shows the position changes.)
ALTERNATIVES:
There is no practical alternative as state law mandates the foregoing action.
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
Prepared by: Elaine F. Baltao, Board Secretary Memo No. 5729
ATTACHMENTS: SCVTA COI_2016_Draft_redline (PDF)
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CONFLICT OF INTEREST CODE FOR THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA)
The provisions of 2 Cal. Code of Regs. Section 18730 and any subsequent amendments thereto duly adopted by the California Fair Political Practices Commission are hereby adopted and incorporated by reference and, along with the provisions contained in this page and the attached Appendix, constitute the Conflict of Interest Code for the Santa Clara Valley Transportation Authority. The link to the California Fair Political Practices Commission Regulation 18730 is: http://www.fppc.ca.gov/content/dam/fppc/NS- Documents/LegalDiv/Regulations/Index/Chapter7/Article2/18730.pdfhttp://www.fppc.ca.gov/lega l/regs/current/18730.pdf.
A. Designation of Employees and Disclosure Categories
The persons holding the positions listed in the Appendix attached hereto and incorporated herein are "designated employees" for the purposes of this Conflict of Interest Code. The disclosure categories set forth in the Appendix specify the kinds of financial interests that are reportable. All positions listed on the Santa Clara Valley Transportation Authority Conflict of Interest Code are entered into the County of Santa Clara's electronic system for compliance recordkeeping.
B. Filing of Statements of Economic Interests
Designated employees shall file Statements of Economic Interests with the Secretary of the Board of Directors of the Santa Clara Valley Transportation Authority. If Statements are received in signed paper format, the Secretary shall make and retain a copy and forward the original of Statements to the filing officer, the County of Santa Clara Clerk of the Board of Supervisors. If Statements are electronically filed using the County of Santa Clara’s Form 700 e-filing system, both the Secretary and the County of Santa Clara Clerk of the Board of Supervisors will receive notice and access to the e-filed Statements simultaneously.
Statements of Economic Interests will be retained by the Santa Clara Valley Transportation Authority and are public records available for public inspection and reproduction pursuant to Government Code section 81008.
Adopted: 03/20/00 Revised: 03/07/02 Revised: 09/02/04 Revised: 08/31/06 Revised: 10/02/08 Revised: 09/02/10 Revised: 12/11/14
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CONFLICT OF INTEREST CODE FOR THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA)
APPENDIX
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES 01-05
A. Disclosure Categories
Category (1) public officials and employees shall disclose all investments, interests in real property, and income (including gifts, loans, and travel payments), as designated in each Schedule of the Statement of Economic Interests, and all positions held as a director, officer, partner, trustee, employee or other management position in any business entity.
Category (2) public officials and employees shall disclose all interests in real property, investments in any business entity whose primary business activity includes real estate sales or real estate brokerage or management services, and income (including gifts, loans, and travel payments), furnished by, or on behalf of, any source which sells real estate or provides real estate brokerage or management services, as designated in each Schedule of the Statement of Economic Interests, and positions held as a director, officer, partner, trustee, employee, or other management position in any business entity whose primary business activity includes real estate sales or real estate brokerage or' management services.
Category (3) consultants** as defined for purposes of the Political Reform Act, shall disclose all investments, interests in real property, and income (including gifts, loans, and travel payments), as designated in each Schedule of the Statement of Economic Interests, and all positions held as a director, officer, partner, trustee, employee or other management position in any business entity, subject to the following limitation: SCVTA may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with these disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that consultant. Such a determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. All such determinations are public records and shall be retained for public inspection along with this conflict of interest code.
Category (4) public officials and employees shall disclose (1) all interests in real property as designated in the Statement of Economic Interests, as well as (2) all investments, business positions and income, including gifts, loans and travel payments, from (a) sources that provide services, products, equipment, facilities, or vehicles of the type utilized by SCVTA, and (b) sources that receive grants or other monies from or through SCVTA.
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Category (5) public officials and employees shall disclose all investments, business positions and income, including gifts, loans and travel payments, from (a) sources that provide services, products, equipment, facilities, or vehicles of the type utilized by SCVTA, and (b) sources that receive grants or other monies from or through SCVTA.
Newly Created Positions:
A newly created position that makes or participates in the making of decisions that may foreseeably have a material effect on any financial interest of the position-holder, and which specific position title is not yet listed in SCVTA’s conflict of interest code is included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: SCVTA may determine in writing that a particular newly created position, although a “designated position,” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the broadest disclosure requirements, but instead must comply with more tailored disclosure requirements specific to that newly created position. Such written determination shall include a description of the newly created position’s duties and, based upon that description, a statement of the extent of disclosure requirements. SCVTA’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008).
As soon as SCVTA has a newly created position that must file statements of economic interests, the SCVTA filing official shall contact the County of Santa Clara Clerk of the Board of Supervisors Form 700 division to notify it of the new position title to be added in the County’s electronic Form 700 record management system, known as eDisclosure. Upon this notification, the Clerk’s office shall enter the actual position title of the newly created position into eDisclosure and the SCVTA filing official shall ensure that the name of any individual(s) holding the newly created position is entered under that position title in eDisclosure.
Additionally, within 90 days of the creation of a newly created position that must file statements of economic interests, SCVTA shall update this conflict-of-interest code to add the actual position title in its list of designated positions, and submit the amended conflict of interest code to the County of Santa Clara Office of the County Counsel for code-reviewing body approval by the county Board of Supervisors. (Gov. Code Sec. 87306).
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B. Gov. Code Section 87200 Filers
Pursuant to Government Code section 87200, officials who manage public investments as defined by 2 California Code of Regulations § 1870118700.3(b) are subject to the disclosure requirements of the Political Reform Act and are required to file full Statements of Economic Interests. The Santa Clara Valley Transportation Authority has determined that the holders of the positions listed below are officials who manage public investments.
Member of SCVTA-ATU Local 265 Board of Pensions* Alternate Member of SCVTA-ATU Local 265 Board of Pensions* Member of SCVTA-ATU Local 265 Board of Pensions Investment Committee*
C. Designated Positions
All public officials, employees, and consultants holding the following designated positions shall file a statement of economic interests, as provided in this Conflict of Interest Code. The applicable disclosure category is shown as a numeral (1), (2), (3), (4), or (5) following the listed position.
Public Officials Board Member (1)* Alternate Board Member (1)* Member of 2000 Measure A Citizens Watchdog Committee (1)* Member of VTA Deferred Compensation Committee (1)*
Office of the General Manager General Manager (1) 1 Assistant Board Secretary (1) Assistant General Manager (1) 1 Board Secretary (1) 1 Chief of Staff to the General Manager (1) Senior Advisor, Business Development (1) 2
Business Services Director of Business Services (1) Accessible Services Program Manager (5) 3 Business Relations Manager/Diversity & Community Engagement Partner (1) 4 Business Diversity Program Manager (1) Buyer I (5) Buyer II (5) Buyer III (5) Chief Information Officer (1)
1 Position moved from Office of the Chief of Staff 2 Position moved to Government & Public Relations 3 Classification deleted 4 Position formerly named Disadvantaged Business Enterprise Program Manager Page 3 of 8
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Business Services (continued) Construction Contracts Administrator I (5) Construction Contracts Administrator II (5) 5 Construction Contracts Admin Manager (1) Contracts Administrator I (5) Contracts Administrator II (5) Contracts Manager (1) 6 Contracts Program Manager (1) 7 Customer Experience Manager (5) Deputy Director, HR & Diversity Programs (1) 6 Deputy Director, Labor Relations, Procurement & Contracts (1) 6 Design Build Construction Administration Manager (1) Diversity & Inclusion Manager (1) 5 Employee Relations Manager (1) Human Resources Administration Manager (5) 6 Labor Relations Program Manager (5) Manager of Highway Construction Contracts (1) Materials & Warranty Manager (5) 5 Procurement & Materials Manager (1) 8 Manager of Procurement, Contracts & Materials (1) Purchasing Manager (1) Senior Construction Contracts Administrator (1) Senior Contracts Administrator (1) Senior Human Resources Analyst - Retirement Services (5) Technology Manager (5)
Engineering & Transportation Infrastructure Development Director of Engineering & Transportation Infrastructure Development (1) Construction Contract Compliance Officer (5) Construction Inspector, Eng. & Trans. Inf. Dev. (5) Deputy Director, Construction (1) 9 Deputy Director, SVRT (1) Engineering Group Manager – Highways, Eng. & Trans. Inf. Dev. (4) Engineering Group Manager - SVRT (4) Engineering Group Manager - Tunnel (4) 6 Manager, Construction Inspection (5) Principal Construction Inspector (5) Project Controls Group Manager (5) Quality Assurance & Warranty Manager (5) Senior Architect (5) Senior Construction Inspector - Lead (5)
5 New classification 6 Classification deleted 7 Position moved from Office of the Chief of Staff 8 Position formerly named Purchasing & Materials Manager 9 Position formerly named Deputy Director, SVRT Program Office Page 4 of 8
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Engineering & Transportation Infrastructure Development (continued) Senior Construction Inspector, Eng. & Trans. Inf. Dev. (5) Senior Systems Design Engineer (4) Senior Transportation Engineer, Eng. & Trans. Inf. Dev. (4) 10 Senior Transportation Engineer, – SVRT (4) 11 SVRT Env Planning Manager (Project) (1) SVRT Project Controls Manager (1) 12 Systems Design Manager (5) Transportation Engineering Manager, Eng. & Trans. Inf. Dev. (4) 13 Utilities Coordination Manager (5)
Finance & Budget Chief Financial Officer (1) Assistant Real Estate Agent (2) Associate Real Estate Agent (2) 11 Audit Program Manager (5) 14 Claims Program Manager (5) Construction Inspector, Finance & Budget (5) Deputy Director of Accounting (1) Deputy Director, Real Estate (1) Disbursements Manager (1) 14 Enterprise Risk Manager (5) Financial Accounting Manager (1) Fiscal Resources Manager (1) Investment Program Manager (1) Manager, Real Estate and Project Administration (2) Revenue Services Manager (1) Senior Construction Inspector, Finance & Budget (5) Senior Real Estate Agent (2) 15 Utilities Coordination Manager (5)
Government Affairs 16 Government & Public Relations 17 Director of Government & Public Relations & Executive Policy Advisor (1) Administrator of Social Media & Electronic Communications (5) 11 Community Outreach & Public Engagement Manager (5) Creative Services Manager (5) Director of Communications (1) Government Affairs Manager - State and Federal (1) Market Development Manager (1) Communications & Media Spokesperson (5) 11 Policy Analyst (5)
10 Position added 11 New classification 12 Classification deleted 13 Position moved from Finance & Budget 14 Position moved from System Safety & Security 15 Position moved to Engineering & Transportation Infrastructure Development 16 Division renamed 17 Position formerly named Director of Government of Affairs & Executive Policy Advisor Page 5 of 8
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Government Affairs 18 Government & Public Relations (continued) 19 Senior Advisor, Business Development (1) Senior Policy Analyst (1)
20 Office of the Chief of Staff Division 21 Chief of Staff to the General Manager (1) 22 Administrator of Social Media & Electronic Communications (5) 22 Assistant Board Secretary (1) 22 Board Secretary (1) 22 Creative Services Manager (5) 23 Director of Communications (1) 24 Customer Experience Manager (5) 22 Market Development Manager (1) 22 Media Spokesperson (5)
Office of the General Counsel General Counsel (1) Assistant Counsel (1) Assistant General Counsel (1) 25 Associate Counsel (1) Senior Assistant Counsel (1)
Operations Chief Operating Officer (1) Assistant Superintendent, Service Management (5) Assistant Superintendent, Transit Communications (5) 26 Deputy Director, Service and Operations Planning (1) Deputy Director, Transit Operations (1) 27 Engineering Group Manager – SCADA (5) Facilities Maintenance Coordinator (5) 25 Facilities Maintenance Manager (5) Light Rail Equipment Superintendent (1) Light Rail Way, Power & Signal Superintendent (1) Maintenance Superintendent (1) Manager, Operations Analysis, Reporting & Systems (5) 28 Materials & Warranty Manager (5) Operations Manager (5) Operations Manager, Engineering (5) Policy & Administrative Manager - Operations (5)
18 Division renamed 19 Position moved from Office of the General Manager 20 Division deleted 21 Position moved to Office of the General Manager 22 Position renamed Communications & Media Spokesperson and moved to Government & Public Relations 23 Position moved to Government & Public Relations; formerly named Director of Public Affairs & Marketing 24 Position moved to Business Services; formerly named Manager, Public Affairs and Customer Information 25 New position 26 Position moved to Planning & Program Development
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27 New classification1 28 Position moved to Business Services
1 Page 8 of 8
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Operations (continued) 29 Regional Transportation Services Manager (5) Senior Mechanical Engineer Automotive Systems (5) Senior Systems Engineer (5) 30 Transportation Planning Manager (4) Transportation Superintendent (1) Transportation Superintendent, Service Management (5) Warranty Coordinator (5)
Planning & Program Development Director of Planning and Program Development (1) Deputy Director, Planning (1) Deputy Director, Project Development (1) Executive Manager, Transit Planning & Capital Development (1) 31 32 Engineering Group Manager – Capital Program (4) 33 Policy and Community Relations Manager (1) Principal Environmental Planner (4) Principal Transportation Planner (4) Principal Transportation Planner (Programming & Grants) (4) 34 Sr. Transportation Engineer – Traffic Engr (4) 35 Transportation Engineering Manager – Traffic Engr (4) 36 Transportation Planning Manager (4) 37 Transportation Planning Manager – CMA (4) Transportation Planning Manager - Environmental Resource Planning (4) Transportation Planning Manager – Program & Grants (5) Transportation Planning Manager- Travel Demand Modeling, Research and Analysis (TDM, R&A) (4)
System Safety & Security Director of System Safety and Security (1) 38 Claims Program Manager (5) Environmental Health & Safety Supervisor (5) Manager of Security Programs (5) 39 Enterprise Risk Manager (5) 37 Safety Manager (5) Transit Systems Safety Supervisor (5)
29 New classification 30 Position moved from Planning & Program Development 31 Position moved from Operations; formerly named Deputy Director, Service and Operations Planning 32 Position formerly named Engineering Group Manager – Highways, Planning and Program Dev. 33 Classification deleted 34 Position formerly named Senior Transportation Engineer, Planning and Program Dev. 35 Position formerly named Transportation Engineering Manager, Planning and Program Dev. 36 Position moved to Operations 37 New position 38 Position moved to Finance & Budget 39 Position formerly named Risk Manager and moved to Finance & Budget Page 7 of 8
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Consultant (3)**
*Unsalaried members of Santa Clara Valley Transportation Authority's (VTA) Board of Directors, VTA Deferred Compensation Committee, SCVTA-ATU Local 265 Board of Pensions, SCVTA-ATU Local 265 Board of Pensions Investment Committee, and the 2000 Measure A Citizens Watchdog Committee are required to file statements of economic interest because they make or participate in making governmental decisions as provided in Title 2, California Code of Regulations, Section 1870218704.
**"Consultant" means an individual who, pursuant to a contract with VTA, makes a governmental decision as defined in 2 CCR 18702.218704, or serves in a staff capacity with VTA and in that capacity participates in making a governmental decision as defined in 2 CCR 18702.218704 or performs the same or substantially all the same duties for VTA that would otherwise be performed by an individual holding a position specified in this Conflict of Interest Code.
Revised: 08/01/06 Revised: 10/02/08 Revised: 09/02/11 Revised: 09/06/12 Revised: 12/11/14
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Date: September 30, 2016 Current Meeting: October 20, 2016 Board Meeting: N/A
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Quarterly Purchasing Report July 1 through September 30, 2016
FOR INFORMATION ONLY
BACKGROUND:
The Administrative Code delegates limited contracting authority to the General Manager. This report summarizes the procurements completed, excluding purchases made under $25,000 and those previously approved by the Board of Directors. This report also includes information about pending and upcoming procurements.
Prepared By: Tina Yoke, Procurement, Contracts & Materials Manager Memo No. 5409
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 10.a
QUARTERLY PURCHASING REPORT July 1, 2016 through September 30, 2016 PURCHASES GREATER THAN $25,000 Not previously approved by the VTA Board of Directors
CONTRACTS AND PURCHASE ORDERS: These contracts were awarded using a formal Procurement process, and the awards were made to the lowest responsive, responsible contractor.
PROCUREMENT CONTRACTOR CONTRACT AMOUNT Repair Piston to Coupler Hydraulic Buffer Dellner Inc. $30,560.00 1 Time Buy Purchase SCR (NOT A CORE) Cummins Pacific LLC $27,408.60 1 Time Buy Purchase Power Switch Machines Alstom Signaling, Inc. $43,990.00 1 Time Buy Class D - Low floor Minivan Creative Bus Sales Inc $184,310.88 1 Time Buy Contract P16114 - TK470 iCMB Kiosk Civiq Smartscapes LLC $135,225.00 1 Time Buy Capacitance: 9000UF for ONIX Newark element $55,134.00 1 Time Buy C3850 Cisco Software Package PCMG Inc $39,486.00 1 Time Buy Contract P16110 Bulk Propane United Pacific Energy $720,000.00 5 Years Contract P16128 - S1 Gard for Low Floor Gillig Public Transportation Safety International $221,613.00 1 Year Bus Corporation Operator Safe Driving Awards MTM Recognition $289,275.55 5 Years P16012A - Vapor Bus International Class Door Gillig LLC $174,780.55 5 Years System P16012B - Vapor Bus International Class Door Prevost Car (US) Inc $49,888.19 5 Years System Fabric Upholstery Multi-Blue GG97-NF23 Camira Fabrics $25,518.94 1 Year P16069 - Sportworks Bus Bicycle Rack Gillig LLC $ 264,221.56 5 Years Replacement PO TOTAL: $2,261,412.27
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SERVICES PURCHASED: The following are Service Procurements That Were Processed During the Quarter:
SERVICES PURCHASED SERVICES PROVIDED ESTIMATED VALUE Technology consulting services Netspecx, Inc. $ 130,000.00 Native American Monitoring Nototomne Cultural Resources $ 40,000.00 Social media analysis Alpha Vu $ 63,000.00 CHP Patrol services State of California $ 218,396.00 SERVICES PURCHASED TOTAL: $ 451,396.00
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CONSTRUCTION: These contracts were awarded using a formal Invitation For Bid process, and the awards were made to the lowest responsive, responsible bidder.
PROJECT CONTRACTOR CONTRACT AMOUNT C16023Emergency OCS Repair SR87/Children Balfour Beatty Infrastructure, Inc. Museum $25,000 C16199 - CSD Field Investigation Support George Bianchi Construction, Inc. $15,420 C16177 - Picket Fence for Bus Operations Facility George Bianchi Construction, Inc. $26,032 PO4631119 - Traffic Control Services Statewide Traffic Safety and Signs, Inc. $39,040 M16045 - Elevator / Escalator Maintenance All American Elevator Company, Inc. $485,785 5 yr contract 1 yr base with 4 M15154 - Plumbing Maintainance Burr Plumbing & Pumping, Inc. $255,140 one-yr options C16243 - Emergency Bridge Removal at Lower Silver Creek George Bianchi Construction, Inc. $140,727 C16134 - Sherriff's Locker Room Rehab at River Oaks Campus Omni Construction Services, Inc. $78,000
CONSTRUCTION TOTAL: $1,065,144
CONSTRUCTION CONTRACTOR PRE- QUALIFICATION ACTIVITY: Project No. Primes No. Denials No. Appeals
C16122F - Guadalupe Corridor TPSS 7 Total 1 0 C16002 Guadalupe LRV Maintenance Shop 4 Total Improvements Project (All Validation Statements) 0 0 C741 Landscaping for Station Campuses and 6 Total Third Party Utiltiy Access (2 Validation Statements, 4 Pre-qual Packets) 0 0
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Date: October 11, 2016 Current Meeting: October 20, 2016 Board Meeting: N/A
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Chief Financial Officer, Raj Srinath
SUBJECT: Monthly Investment Report - August 2016
FOR INFORMATION ONLY
BACKGROUND:
The investment activities of the Santa Clara Valley Transportation Authority are in compliance with the Investment of Non-Trust Held Funds Investment Policy, the VTA Retirees’ Other Post- Employment Benefits Trust Investment Policy and the ATU, Local 265 Pension Plan’s Investment Policy.
DISCUSSION:
Real gross domestic product (GDP) increased at an annual rate of 1.4% in the second quarter of 2016 according to the “third” estimate released by the Bureau of Economic Analysis. The expansion was the result of positive contributions from nonresidential fixed investment, personal consumption expenditures and exports. Downward revisions in state and local government spending and private inventory investment, and residential fixed investment were negative contributors to growth. In the first quarter of 2016, real GDP increased 0.8%.
Headline consumer prices, as measured by the consumer price index (CPI), rose 1.1% year over year as of August 2016. Core CPI, which excludes volatile food and energy prices increased at a rate of 2.3% year over year as of August 2016. The Federal Reserve continues to target an inflation rate of 2.00%.
The unemployment rate in the San Jose-Sunnyvale-Santa Clara MSA was 4.1% in August 2016, down from a revised 4.2% in July 2016, and below the year-ago estimate of 4.2%. This compares with an unadjusted unemployment rate of 5.6% for California and 4.9% for the nation during the same period.
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 11
Market Watch
The S&P 500 Index returned 0.14% in August 2016 and 7.82% calendar year to date. Large cap stocks returned 0.13% and small cap stocks returned 1.77%. Within the large cap space, growth stocks underperformed value stocks, returning -0.50% and 0.77%, respectively. The top- performing sectors were technology, financial services, and energy. The worst-performing sectors were utilities, consumer discretionary, and health care.
The Barclays Aggregate index returned -0.11% in August 2016 and 5.87% calendar year to date. For the month of August treasuries returned -0.55% and government related securities returned 0.09%, investment grade corporate debt returned 0.20%.
In global markets, the United States 10 year government bond yield ended the month at 1.58%, up from 1.45% at the end of July. The European 10 year government bond yield ended the month at -0.07% and the Japanese 10 year government bond yield finished August at -0.06%.
VTA Enterprise Funds
VTA Enterprise Funds are invested in portfolios managed by Payden & Rygel and in the LAIF investment account or an interest bearing checking account. Investment performance for the Payden & Rygel managed accounts is included in the table below.
The Payden & Rygel composite portfolio outperformed its policy benchmark by 0.10% in the current month. The current yield for the Payden long-term portfolio is 1.62%, the mid-term portfolio is 1.12%, and the short-term portfolio is 0.87%.
The current yield for funds invested in LAIF is 0.61% and the VTA’s checking accounts is 0.28%.
Market performance for each Payden & Rygel account is summarized in the following table:
Investment Performance as of August 2016 Asset Class Fund Manager Aug 3 Mo Y-T-D 1 Yr 3 Yr 5 Yr 10 Yr I-T-D Long-Term Payden & Rygel -0.27% 1.17% 3.37% 3.50% 2.55% 1.99% 3.82% 4.26% Fixed Income Barclays US Govt. Intermediate Index -0.45% 1.00% 3.13% 3.04% 2.38% 1.64% 3.79% 4.20%
Mid-Term Payden & Rygel -0.08% 0.38% 1.20% 1.28% 1.06% 0.91% - 1.44% Fixed Income 1 Merrill Lynch 1- 3 Year Treasury Index -0.17% 0.37% 1.20% 1.06% 0.88% 0.63% - 1.07%
Short-Term Payden & Rygel 0.05% 0.28% 0.75% 0.87% 0.55% 0.50% 1.48% 1.72% Fixed Income 2 iMoneynet Money Market Index 0.02% 0.06% 0.16% 0.17% 0.06% 0.06% 1.00% 1.24%
Composite Portfolio Returns -0.10% 0.57% 1.64% 1.75% 1.39% 1.18% 2.60% 3.54% Policy Benchmark Returns -0.20% 0.49% 1.47% 1.39% 1.15% 0.84% 2.38% 3.38% 1 Implemented February 11, 2009 2 Implemented February 14, 2003
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VTA Retirees’ Other Post-Employment Benefits (OPEB) Trust
The VTA Retirees’ OPEB Trust Investment Policy requires the following asset allocation:
Asset Allocation Range Target Actual Domestic Fixed Income 15 - 30% 23% 23% Domestic Large Cap Index 28-68% 51% 51% Int’l Equity Emerging Market 0 - 10% 6% 6% Private Real Estate 6-16% 11% 11% Absolute Return 0-15% 8% 8% Cash 0-03% 1% 1%
The Retirees’ OPEB composite portfolio outperformed its policy benchmark by 0.17% in the current month. The current yield for the fixed income portfolio is 4.18%.
Market performance for each money manager is summarized in the following table:
Investment Performance as of August 2016 Asset Class Fund Manager August 3 Mo Y-T-D 1 Yr 3 Yr 5 Yr 10 Yr I-T-D Large Cap Index State Street 0.14% 4.07% 7.79% 12.53% 12.27% 14.64% 7.52% 4.64% S&P 500 Index 0.14% 4.11% 7.83% 12.58% 12.32% 14.69% 7.51% 4.52%
Fixed Income Dodge & Cox 0.65% 4.01% 8.12% 7.82% 5.13% 4.33% 5.77% 6.16% Barclays Cap US Aggregate Bond -0.11% 2.33% 5.87% 5.99% 4.38% 3.25% 4.89% 5.51% Index
Emerging Market State Street EM 2.42% 7.12% MCSI World Emerging Market 2.52% 7.74%
US Core Real UBS 10 1.78% 3.90% Estate NCREIF NFI-ODCE 2.13% 4.35%
Absolute Return Lighthouse 9 0.09% 1.15% 1.91% HFRI FoF Index 0.49% 1.48% 1.97%
Absolute Return Sky Bridge 9 0.46% 0.38% -1.28% HFRI FoF Index 0.49% 1.48% 1.97%
Composite Portfolio Returns 0.39% 3.61% 7.07% 9.92% 9.41% 10.51% 7.43% 6.54% Policy Benchmark Returns 0.24% 3.53% 7.15% 9.65% 8.51% 9.07% 6.54% 5.39% 9 Funded January 28, 2016 10 Funded January 4, 2016
DODGE & COX - The Fixed Income portfolio manager outperformed its benchmark in August 2016 by 0.76%. Contributors to relative outperformance for the month included the portfolios’ overweight to corporate bonds combined with positive security selection and the portfolio’s nominal yield advantage.
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A 7.00% rate of return assumption is used in the annual actuarial analysis for the Retirees’ OPEB. The results of the actuarial analysis determine VTA’s annual contribution rates. Any difference between actual investment returns and the 7.00% assumed annual return is recognized in the same year. The annual returns for the Retirees’ OPEB portfolio have been equivalent to or exceeded the 7.00% assumed rate of return in 8 out of 14 years.
Historic Portfolio Performance for the last six calendar years:
Year Performance Year Performance 2010 12.5% 2013 18.9% 2011 4.0% 2014 10.8% 2012 12.4% 2015 1.1%
SCVTA-ATU, Local 265 Pension Plan Assets
It is the policy of the SCVTA-ATU Board of Pensions to have a well-managed investment program that provides for the financial needs of the pension plan and allows the investments to be appropriately diversified and prudently invested to protect the safety of the principal while maintaining a reasonable return. Assets are invested within the following investment guidelines:
Asset Allocation Range Target Actual Domestic Fixed Income 15 - 30% 27% 26% Domestic Large-Cap Value 10 - 20% 15% 15% Domestic Large-Cap Index 5 - 15% 10% 10% Domestic Small-Cap Value 5 - 15% 10% 10% Int’l Equity Developed Markets 8 - 18% 13% 14% Int’l Equity Emerging Markets 0-10% 5% 5% US Core Real Estate 5-15% 10% 11% Absolute Return 4-14% 9% 8% Cash 0-05% 1% 1%
The SCVTA-ATU Pension Plan composite portfolio outperformed its policy benchmark in August 2016 by 0.32%. The current yield of the Dodge & Cox Fixed Income portfolio is 4.07%.
Market performance for each money manager is summarized in the following table:
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Investment Performance as of August 2016 Asset Class Fund Manager Aug 3 Mo Y-T-D 1 Yr 3 Yr 5 Yr 10 Yr I-T-D Fixed Income Dodge & Cox 0.51% 3.65% 7.66% 7.56% 5.04% 4.32% 5.77% 6.40% Barclays Cap US Aggregate Bond -0.11% 2.33% 5.87% 5.99% 4.38% 3.25% 4.89% 5.09% Index
Large-Cap Boston Partners 1.39% 3.19% 6.02% 5.93% 8.76% 14.45% 7.90% 9.06% Value Stocks Russell 1000 Value Index 0.77% 4.58% 10.20% 12.90% 10.68% 14.38% 6.08% 6.64%
Large-Cap State Street 0.14% 4.07% 7.79% 12.53% 12.27% 14.64% 7.53% 6.42% Index S&P 500 Index 0.14% 4.11% 7.83% 12.58% 12.32% 14.69% 7.51% 6.33%
Small-Cap Wedge 4 1.71% 4.82% 14.02% 14.68% 12.32% 15.19% 6.91% 10.01% Value Stocks Russell 2000 Value Index 2.49% 8.35% 14.59% 13.80% 8.50% 12.63% 5.80% 9.30%
Int’l Equity MFS 5 0.95% 4.77% 8.14% 9.90% 5.07% 6.53% - 3.10% Dev. Markets Growth MSCI AC World ex-US Growth Index -0.36% 4.03% 4.56% 5.65% 3.89% 4.30% - 0.03%
Emerging State Street EM7 2.42% 7.12% Market MCSI World Emerging Market 2.52% 7.74%
US Core Real UBS 6 1.78% 3.90% 10.71% 11.27% 10.96% - 11.95% Estate NCREIF NFI-ODCE 2.13% 4.35% 11.81% 13.00% 12.72% - 13.97%
Absolute Return Lig hthouse 9 0.09% 1.15% 1.91% HFRI FoF Index 0.49% 1.48% 1.97%
Absolute Return Sky Bridge 9 0.46% 0.38% -1.28% HFRI FoF Index 0.49% 1.48% 1.97%
Composite Portfolio Returns 8 0.80% 3.43% 6.66% 8.06% 7.60% 9.20% 7.38% 8.08% Policy Benchmark Returns 0.48% 3.69% 7.31% 9.02% 7.41% 8.27% 5.55% 5.89% 4 Funded April 1, 2009. Prior manager was Brandywine with the same benchmark. 5 Funded December 14, 2007. Prior managers were Putnam and Fidelity with MSCI EAFE as their benchmark. 6 Initially funded July 1, 2010. UBS Realty Investors LLC with NCREIF NFI-ODCE as their benchmark. Report 45 days after quarter ended. 7 Initially funded December 1, 2010. Prior manager was Robeco 8 Investment performances by prior managers are included in composite returns and historical policy benchmark returns. 9 Funded January 28, 2016
DODGE & COX - The Fixed Income portfolio manager outperformed its benchmark in August 2016 by 0.62%. Contributors to relative outperformance for the month included the portfolios’ overweight to corporate bonds combined with positive security selection and the portfolio’s nominal yield advantage.
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BOSTON PARTNERS - The Domestic Large Cap Value Equity manager outperformed its policy benchmark in August 2016 by 0.62%. An underweight position in both the utility and the REIT sectors contributed to relative outperformance. Stock selection within the energy sector also contributed to relative outperformance as high quality exploration and production companies rebounded.
WEDGE - The Domestic Small Cap Value Equity manager underperformed its policy benchmark in August 2016 by 0.78%. An overweight position and stock selection in the capital goods and consumer staples sectors both detracted from relative performance.
MFS - The International Equity manager outperformed its policy benchmark in August 2016 by 1.31%. Stock selection in basic materials, financial services and consumer staples together with an underweight allocation and stock selection in transportation contributed to relative performance.
A 7.25% rate of return assumption is used in the annual actuarial analysis for the ATU Pension Plan. The results of the actuarial analysis determine VTA’s annual contribution rates. The annual returns for the ATU Pension Plan portfolio have been equivalent to or exceeded the 7.25% assumed rate of return 7 out of 14 years.
Historic Portfolio Performance (calendar year) for the last six calendar years:
Year Performance Year Performance 2010 14.0% 2013 16.5% 2011 1.7% 2014 7.2% 2012 14.5% 2015 0.5%
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ATU Spousal Medical Trust Fund, Dental, and Vision Plan
Asset allocation for the ATU Spousal Medical Trust Fund (including funds for dental and vision plans) is provided for in the SCVTA-ATU Pension Plan Investment Policy.
Asset Allocation Range Target Actual Domestic Fixed Income 30 - 50% 38% 36% Domestic Large Cap Index 50 - 70% 60% 61% Cash 0-5% 2% 3%
The ATU Spousal Medical Trust Fund composite portfolio outperformed its policy benchmark in the current month by 0.26%. The current yield for the fixed income portfolio is 4.07%
Market performance for each money manager is summarized in the following table:
Investment Performance as of August 2016 Asset Class Fund Manager Aug 3 Mo Y-T-D 1 Yr 3 Yr 5 Yr 10 Yr I-T-D Fixed Income Dodge & Cox 0.58% 3.21% 6.83% 6.66% 4.52% 4.18% 5.47% 5.07% Barclays Cap US Aggregate Bond Index -0.11% 2.33% 5.87% 5.99% 4.38% 3.25% 4.89% 4.56%
Large-Cap State Street 0.14% 4.07% 7.79% 12.53% 12.27% 14.64% 7.53% 8.05% Index S&P 500 Index 0.14% 4.11% 7.83% 12.58% 12.32% 14.69% 7.51% 8.04%
Composite Portfolio Returns 0.30% 3.75% 7.43% 10.42% 9.51% 10.86% 7.55% 7.49% Policy Benchmark Returns 0.04% 3.40% 7.16% 10.12% 9.24% 10.15% 6.75% 6.89%
DODGE & COX - The Fixed Income portfolio manager outperformed its benchmark in August 2016 by 0.69%. Contributors to relative outperformance for the month included the portfolios’ overweight to corporate bonds combined with positive security selection and the portfolio’s nominal yield advantage.
Other Data
The valuation of VTA’s securities is provided by Interactive Data Corporation (IDC), Merrill Lynch Securities Pricing Service and Bloomberg Generic Pricing Service. These firms are the leading providers of global securities data. They offer the largest information databases with current and historical prices on securities traded in all major markets.
This report complies with VTA’s adopted investment policies. Based on budgeted revenues and expenditures as well as actual transfers to/from reserves, there are sufficient funds available to meet expenditure requirements for the six months ending February 28, 2017.
Prepared By: Sean Bill, Investment Program Manager Memo No. 5351
Page 7 of 7 11.a VTA INVESTMENT COMPOSITE PORTFOLIO PERFORMANCE. PER GENERAL LEDGER BALANCE - SETTLEMENT DATE FOR THE MONTH OF AUGUST 2016
SUMMARY: AUGUST 31, 2016 (1) Fiscal 17 Fiscal 17 Jul-16 Aug-16 Year-to-Date Year-to-Date Change for the Month Description Book Value Book Value July 2016 August 16 Realized Realized /Cost /Cost Earnings - $ Earnings - $ Earnings - $ VTA FUNDS 1 - Fixed Income - Long-Term Investment Pool 206,742,608 208,212,082 356,916 1,388,304 1,031,388 2 - Fixed Income - Mid-Term Investment Pool 607,789,286 608,593,188 497,267 1,140,693 643,426 3 - Fixed Income - Short-Term Investment Pool 177,670,727 177,886,797 101,812 264,497 162,685 4 - Fixed Income - Collateral 1,689,668 0 196 196 0 5 - VTA Bond Funds with Fiscal Agent (2) 83,276,582 92,217,256 3,740 8,361 4,621 6 - Funds with LAIF Investment Pool 30,000,000 15,000,000 22,000 44,000 22,000 7 - Funds with Union Bank-Congestion Management 13,587,636 13,493,987 1,181 2,545 1,364 8 - Funds with Union Bank-Measure B 2,496,666 2,490,529 222 474 252 9 - Funds with Union Bank Pooled DDA account 15,668,196 11,694,507 0 4,637 4,637 Total VTA Funds 1,138,921,369 1,129,588,346 983,334 2,853,707 1,870,373
RETIREES' OPEB FUNDS 1 - Retirees' OPEB -Fixed Income 62,203,814 62,331,075 197,468 345,931 148,463 2 - Retirees' OPEB -State Street - Index 57,802,619 57,802,619 0 0 0 3 - Retirees' OPEB -State Street - EM 16,000,000 16,000,000 0 0 0 4 - Retirees' OPEB -US Core Real Estate - UBS 30,000,000 30,000,000 0 0 0 5 - Retirees' OPEB -Sky Bridge Capital 11,000,000 11,000,000 0 0 0 6 - Retirees' OPEB -Lighthouse Partners 11,000,000 11,000,000 0 0 0 188,006,433 188,133,694 197,468 345,931 148,463
ATU PENSION FUNDS 1 - VTA/ATU Pension Fund -Fixed Income 126,991,520 127,195,718 520,940 861,572 340,632 2 - VTA/ATU Pension Fund -Stock Large Cap Value - BOSTON 69,324,848 70,087,882 593,700 1,356,634 762,934 3 - VTA/ATU Pension Fund -State Street - Index 18,782,135 18,782,135 0 0 0 4 - VTA/ATU Pension Fund -Stock Small Cap Value - WEDGE 40,170,792 40,449,062 104,393 382,695 278,302 5 - VTA/ATU Pension Fund -Int'l - Equity Growth - MFS 48,574,856 48,574,856 0 0 0 6 - VTA/ATU Pension Fund -Emerging Markets - State Street (3) 24,000,000 24,000,000 0 43,298 43,298 7 - VTA/ATU Pension Fund -US Core Real Estate - UBS 35,000,000 35,000,000 0 0 0 8 - VTA/ATU Pension Fund -Sky Bridge Capital 22,000,000 22,000,000 0 0 0 9 -VTA/ATU Pension Fund -Lighthouse Partners 22,000,000 22,000,000 0 0 0 Total ATU Pension Funds 406,844,151 408,089,653 1,219,033 2,644,199 1,425,166
ATU SPOUSAL MEDICAL PLAN FUNDS 1 - ATU Spousal Med Fund -Dodge & Cox - Index 5,927,234 5,927,234 0 0 0 2 - ATU Spousal Med Fund -State Street - Index 7,607,187 7,607,187 0 0 0 Total ATU Spousal Plan Funds 13,534,421 13,534,421 0 0 0
Total Investments 1,747,306,374 1,739,346,114 2,399,835 5,843,837 3,444,002 Legend: (1) Total includes contributions / withdrawals made during current month. (2) Bonds Reserves and/or Debt Service Funds (3) Last payment of Robeco EM Refund. Attachment Page # 1 11.b VTA INVESTMENT COMPOSITE PORTFOLIO PERFORMANCE MONEY MANAGERS' TOTAL MARKET RETURN - TRADE DATE FOR THE MONTH OF AUGUST 2016
SUMMARY: August 31, 2016 Total Market Value August Total Market Return Total Market Return (1) VTA Benchmark Prior Current $Unrealized %Unrealized Calendar Calendar Description Month Month Gain/Loss Gain/Loss YTD YTD
1 - Fixed Income Long-Term Investment Pool 212,241,667 211,528,366 (713,301) -0.27% 3.37% 3.13% 1 - Fixed Income Mid-Term Investment Pool 611,562,900 611,048,608 (514,292) -0.08% 1.20% 1.20% 2 - Fixed Income Short-Term Investment Pool 178,187,689 178,279,411 91,722 0.05% 0.75% 0.16% 3 - Fixed Income Collateral Investment Pool (2) 1,689,668 - 4 - VTA Bond Funds with Fiscal Agents 83,276,582 92,217,256 5 - Funds with LAIF Investment Pool 30,000,000 15,000,000 6 - Funds with Union Bank-Congestion Management 13,587,636 13,493,987 7 - Funds with Union Bank-Measure B 2,496,666 2,490,529 8 - Funds with Union Bank DDA account 15,668,196 11,694,507 Total VTA Funds 1,148,711,004 1,135,752,664
1 - Retirees' OPEB - Fixed Income 64,910,071 65,319,977 409,906 0.65% 8.12% 5.87% 2 - Retirees' OPEB - State Street - Index 143,478,158 143,683,991 205,833 0.14% 7.79% 7.83% 3 - Retirees' OPEB - State Street EM 16,000,000 17,138,577 3 - Retirees' OPEB - US Core Real Estate (3) 31,087,072 31,087,072 5 - Retirees' OPEB - Sky Bridge (3) 10,705,051 10,809,285 6 - Retirees' OPEB - Lighthouse (3) 11,200,200 11,210,159 Total Retirees' OPEB Funds 277,380,552 279,249,061
1 - VTA/ATU Pension Fund-Fixed Income 131,937,150 132,595,476 658,326 0.51% 7.66% 5.87% 2 - VTA/ATU Pension Fund-Stock Large Cap Value 78,550,644 79,638,760 1,088,116 1.39% 6.02% 10.20% 3 - VTA/ATU Pension Fund-State Street - Index 53,048,021 53,124,124 76,103 0.14% 7.79% 7.83% 4 - VTA/ATU Pension Fund-Stock Small Cap Value 50,725,705 51,592,487 866,782 1.71% 14.02% 14.59% 5 - VTA/ATU Pension Fund- Int'l - Equity Growth 69,323,364 69,979,537 656,173 0.95% 8.14% 4.56% 6 - VTA/ATU Pension Fund- Emerging Markets S. Street 24,000,000 25,707,865 7 - VTA/ATU Pension Fund- US Core Real Estate (3) 58,635,988 58,635,988 8 - VTA/ATU Pension Fund- Sky Bridge (3) 21,410,102 21,618,570 9 - VTA/ATU Pension Fund- Lighthouse (3) 22,400,400 22,420,318 Total Pension Fund 510,031,374 515,313,125
1 - ATU Spousal Med Fund - Dodge & Cox - Index 8,767,610 8,818,180 50,570 0.58% 6.83% 5.87% 2 - ATU Spousal Med Fund-State Street - Index 14,897,906 14,919,279 21,373 0.14% 7.79% 7.83% Total ATU Spousal Funds 23,665,516 23,737,459
Total Investments 1,959,788,446 1,954,052,309
Legend: (1) Total includes contributions / withdrawals made during current month. (2) Funded 7/23/2012 $202,149.96 and $2,840,114.82 on 7/15/2013; withdraw $414,890.44 on 8/8/2014; withdraw $944,706.75 on 8/7/2015; closed 8/18/2016 (3) Performance reported quarterly. Attachment Page # 2 12
Date: October 3, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Government Affairs, Jim Lawson
SUBJECT: Final Legislative Update Matrix for 2016
FOR INFORMATION ONLY
BACKGROUND:
The Final Legislative Update Matrix for 2016 describes the key bills that were considered by the California State Legislature during the second year of the 2015-2016 regular session, as well as measures that have been introduced as part of 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.
Bills Signed by the Governor: The Legislature officially brought the 2015-2016 regular session to a close during the early morning hours of September 1, after determining the fate of hundreds of bills. Those measures that did not make it through the legislative process before lawmakers adjourned are dead. Those that did were sent to Gov. Brown, who had until midnight on September 30 to act on them.
Of the 790 pieces of legislation that lawmakers passed before ending the regular session, the Governor signed the following bills of interest into law:
AB 1550 (Gomez) 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) allocate a minimum of 25 percent of available dollars to projects located within the boundaries of a disadvantaged community; and (2) allocate a minimum of 10 percent of available dollars to projects that benefit low-
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 12
income households or that are located within the boundaries of a low-income community. Under the provisions of AB 1550, money allocated pursuant to one of the aforementioned cannot count toward meeting the other required minimum allocation. By contrast, current law requires a minimum of 25 percent of available cap-and-trade auction proceeds 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 $900 million of the $1.4 billion in “uncommitted” cap-and-trade auction proceeds currently sitting in the Greenhouse Gas Reduction Fund to 16 different categories of expenditures. Included in the bill are appropriations for the Transit and Intercity Rail Capital Program ($135 million) and the Active Transportation Program ($10 million). With the enactment of AB 1613, there is roughly $500 million remaining in the Greenhouse Gas Reduction Fund that still needs to be appropriated by the Legislature.
AB 1889 (Mullin) facilitates the expenditure of $1.1 billion in Proposition 1A bond proceeds appropriated to the California High-Speed Rail Authority in 2012 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 2196 (Low) makes a series of technical, clean-up changes to VTA’s enabling statutes that are intended to revise provisions that are outdated, delete provisions that are obsolete or inoperable, and modify provisions that are unclear or inconsistent. In addition, AB 2196 adjusts certain VTA bidding thresholds for materials, supplies and equipment contracts to match federal procurement guidelines.
AB 2374 (Chiu), among other things, deletes provisions in current law limiting 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 to use CMGC for any expressway project that is not on the state highway system.
AB 2722 (Burke) creates the Transformative Climate Communities Program to be administered by the Strategic Growth Council and funded with cap-and-trade auction proceeds. Under this program, the Strategic Growth Council would award competitive grants for the development and implementation of neighborhood-level transformative climate community plans. Such plans must include multiple and coordinated greenhouse gas emissions reduction projects that would provide local economic, environmental and health benefits to disadvantaged communities. AB 1613 includes an appropriation of $140 million from the Greenhouse Gas Reduction Fund for the Transformative Climate Communities Program.
SB 838 (Budget Committee) is the FY 2017 transportation budget trailer bill. Included in this legislation 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
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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 temporarily undo changes to the methodology used to distribute STA revenue-based funds that were implemented by the Controller’s Office beginning with the first quarter allocations for FY 2016. In addition, SB 838 eliminates the 85,000 cap in current law and, instead, authorizes the Department of Motor Vehicles (DMV), until January 1, 2019, to issue an unlimited number of “green stickers” to allow carpool lane access for plug-in hybrid electric vehicles without the required number of occupants in the vehicle.
SB 824 (Beall) provides 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 be able 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 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, there are no comparable provisions in state law relating to bus-only lanes. SB 998 corrects this deficiency, so that public transit agencies can 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 that requires 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.
SB 1383 (Lara) requires the California Air Resources Board (CARB) to approve and begin implementing a comprehensive short-lived climate pollutants strategy to reduce methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030.
Climate Change: On September 8, Gov. Brown signed into law two bills that put in place a framework for reducing greenhouse gas emissions beyond 2020. The first measure, SB 32 (Pavley), requires CARB to establish a post-2020 greenhouse gas emissions limit equivalent to 40 percent below the 1990 level to be achieved by 2030, which is consistent with an Executive Order that was issued by the Governor in April 2015. In addition, this bill effectively extends the core provisions of the Global Warming Solutions Act of 2006 (AB 32), except for those that authorized CARB to set up and implement the state’s cap-and-trade system. According to the Legislative Counsel’s Office, without future action on the part of the Assembly and Senate, cap- and-trade will sunset on December 31, 2020.
The second bill, AB 197 (Garcia), includes various provisions that are intended to address
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concerns raised by moderate Assembly Democrats 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. For example, AB 197 provides for the appointment of one senator and one Assemblymember 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. In addition, the bill requires CARB, when adopting rules and regulations to achieve the 2030 limit, to consider the social costs of greenhouse gas emissions and to prioritize actions that result in direct emissions reductions. From a political perspective, AB 197 was needed in order to entice enough moderate Assembly Democrats to support SB 32. Without it, SB 32 would not have passed the Assembly.
While SB 32 and AB 197 do not resolve the uncertainty surrounding the future of cap-and-trade, they represent a big step in that 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 extend past 2020. Thus, they set the stage for the Assembly and Senate to enter into negotiations next year to determine how the state could continue to use cap- and-trade beyond 2020, given that cap-and-trade is considered to be essential if California hopes to achieve the 2030 greenhouse gas emissions limit established by SB 32.
Transportation Funding: In August, Senate Transportation & Housing Committee Chairman Jim Beall and Assembly Transportation Committee Chairman Jim Frazier jointly released a revised transportation funding proposal. Since then, the proposal has been amended into SBX1- 1 (Beall) and has been introduced in the Assembly as a new bill, ABX1-26 (Frazier). The two measures are identical.
SBX1-1 and ABX1-26 would generate new money for transportation through a variety of revenue sources to accomplish all of the following:
Begin closing the significant funding shortfalls that currently exist for state highway and local roadway maintenance and rehabilitation. Improve mobility in key goods movement corridors. Provide additional investments in public transit. Supplement existing resources for active transportation.
The two bills also tackle a number of lingering challenges that have been plaguing transportation funding for years, including:
Fixing the volatility of the variable gasoline excise tax, which, in recent years, has resulted in large decreases in funding for the State Transportation Improvement Program (STIP), the State Highway Operation and Protection Program (SHOPP), and local streets/roads. Ending the erosion of purchasing power of both the gasoline and diesel excise taxes by indexing them to the Consumer Price Index. Ensuring the repayment of all outstanding loans owed by the General Fund to various transportation accounts over the next two years.
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Gradually ending the diversion of vehicle weight fee revenues to the General Fund over a five-year period, thereby recapturing all of these dollars for transportation purposes by FY 2021.
Finally, SBX1-1 and ABX1-26 include several key policy reforms, such as:
Creating an Office of the Transportation Inspector General to ensure that state agencies are expending transportation funds efficiently, effectively and in compliance with the law. Re-establishing the California Transportation Commission (CTC) as an independent entity within state government. Permanently extending a California Environmental Quality Act (CEQA) exemption in current law for roadway projects occurring within existing rights-of-way. Establishing an Advance Mitigation Program to improve the success and effectiveness of actions implemented to mitigate the environmental impacts of future transportation projects.
The special session called by Gov. Brown in 2015 to consider transportation funding issues expires on November 30. Therefore, although the Assembly and Senate were unable to pass a transportation funding bill before the two-year regular legislative session concluded on September 1, 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. 5396
Page 5 of 5 12.a FINAL LEGISLATIVE UPDATE MATRIX
1B2015 2016 State Legislative Session
October2B 7, 2016
2016 Regular Session Calendar
DAY JANUARY4B DAY JUNE8B 1 Statutes signed into law in 2015 take effect. Last day for bills introduced in 2016 to be passed out of their house of 3 4 Legislature reconvenes. origin. 10 Budget must be submitted by the Governor to the Legislature on or before 15 Budget must be passed by midnight. this date. Last day for legislative measures to qualify for placement on November 8 30 15 Last day for policy committees to hear and report fiscal bills introduced in general election ballot. their house of origin in 2015.
14B 22 Last day for any committee to hear and report to the floor bills introduced in DAY JULY9B their house of origin in 2015. 1 Last day for policy committees to hear and report bills introduced in the 22 Last day to submit bill requests to the Legislative Counsel’s Office. other house. Summer Recess begins upon adjournment, provided that the 31 Last day for bills introduced in 2015 to be passed out of their house of Budget Bill has been enacted. origin.
DAY AUGUST10B
DAY FEBRUARY5B 1 Legislature reconvenes from Summer Recess. 19 Last day for new bills to be introduced. 12 Last day for fiscal committees to hear and report to the floor bills
introduced in the other house. DAY MARCH 19 Last day to amend bills on the Assembly and Senate floors. 17 Spring Recess begins upon adjournment. 31 Last day for each house to pass bills. Final Recess begins at the end of this 28 Legislature reconvenes from Spring Recess. day’s session.
DAY DAY 11B APRIL6B SEPTEMBER 22 Last day for policy committees to hear and report fiscal bills introduced in 30 Last day for the Governor to sign or veto bills passed by the Legislature their house of origin in 2016. before September 1, and in his possession on or after September 1.
DAY 12B DAY MAY7B DECEMBER 6 Last day for policy committees to hear and report to the floor non-fiscal bills 5 2017-2018 Regular Session convenes. introduced in their house of origin in 2016.
27 Last day for fiscal committees to hear and report to the floor bills introduced in their house of origin in 2016.
2015-2016 Legislative Update Matrix Page 1 of 60
12.a
State Assembly Bills
State Assembly Subject Last Status VTA Bills Amended Position AB 12 By January 1, 2018, requires each state agency to do all of the following: (1) review all provisions 8/19/15 Senate (Cooley) of the California Code of Regulations adopted by that state agency; (2) identify any regulations Appropriations State Agency that are duplicative, overlapping, inconsistent, or out-of-date; and (3) adopt, amend or repeal Committee: Regulations regulations to reconcile or eliminate any duplication, overlap, inconsistencies, or out-of-date Held in provisions. Committee AB 51 Defines “lane splitting” to mean driving a motorcycle that has two wheels in contact with the 6/1/16 Signed into (Quirk) ground between rows of stopped or moving vehicles in the same lane, including on divided or Law: Chapter Motorcycles: Lane undivided streets, roads or highways. Authorizes the California Highway Patrol (CHP) to develop #141 Splitting 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. AB 197 Provides for the appointment of one senator by the Senate Rules Committee and one 8/19/16 Signed into (E. Garcia) Assemblymember by the Speaker to serve as ex-officio, non-voting members of the California Air Law: Chapter Joint Legislative Resources Board (CARB). Creates the Joint Legislative Committee on Climate Change Policies #250 Committee on Climate consisting of at least three senators and at least three Assemblymembers to ascertain facts and make Change Policies recommendations to the Legislature concerning the state’s programs, policies and investments related to climate change. Requires CARB to make available on its Internet Web site, and update at least annually, the emissions of greenhouse gases, criteria pollutants and toxic air contaminants for each facility that reports to CARB. Requires the data to be displayed in a manner that illustrates the changes in emissions levels over time. At least once a year at a hearing of the Joint Legislative Committee on Climate Change Policies, requires CARB to present an informational briefing on 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. Requires this presentation to evaluate emission trends, and include a discussion of the regulatory requirements, initiatives and other programs that may influence those trends. Provides that the presentation may also include recommendations for legislative action or consideration. When adopting rules and regulations pursuant to the Global Warming Solutions Act to achieve emissions reductions beyond the statewide greenhouse gas emissions limit and to protect the state’s most impacted and disadvantaged communities, requires CARB to consider the social costs of greenhouse gas emissions, and 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 to identify the following information for each emissions reduction measure, including for each alternative compliance mechanism, market-based compliance mechanism, and potential monetary and non-monetary incentive: (1) the range of projected greenhouse gas emissions reductions that result from the measure; (2) the range of projected air pollution reductions that result from the measure; and (3) the cost-effectiveness, including avoided social costs, of the measure. Provides that this bill shall become operative only if SB 32 is also enacted into law. 2015-2016 Legislative Update Matrix Page 2 of 60
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State Assembly Subject Last Status VTA Bills Amended Position AB 318 If a lost or unclaimed item worth $100 or more in value is found on a vehicle or the property of a 6/11/15 Senate Judiciary (Chau) public transit agency, requires the person who found the item to turn it in to the public transit Committee: Lost Items Found on agency, rather than to law enforcement. Provides 90 days for the owner of the item to reclaim it Held in Public Transit from the public transit agency. Allows the public transit agency to require payment by the owner Committee Property 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 338 In addition to any other tax that it is authorized to impose or has imposed, allows the Los Angeles 4/13/15 Senate (R. Hernandez) County Metropolitan Transportation Authority (LA Metro) to impose a transactions and use tax at Transportation LA Metro: Local the rate of 0.5 percent for a period not to exceed 30 years that would be applicable in the & Housing Transportation Sales incorporated and unincorporated areas of Los Angeles County. Requires the ordinance imposing Committee: Taxes the tax to contain the following: (1) an expenditure plan that lists the transportation projects and Held in programs to be funded from net revenues from the tax; (2) a requirement that the expenditure plan Committee 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. AB 516 No later than January 1, 2019, requires the Department of Motor Vehicles to develop and 6/23/16 Signed into Support (Mullin) implement an operational system that allows a vehicle dealer or lessor-retailer to electronically Law: Chapter Temporary License report the sale of a vehicle and provide a temporary license plate. Requires the dealer or lessor- #90 Plates retailer 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 590 Allows cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be 7/9/15 Senate (Dahle) made available to the State Energy Resources Conservation and Development Commission, upon Appropriations Cap-and-Trade: appropriation by the Legislature, for purposes related to maintaining the current level of biomass Committee: Biomass Power power generation and geothermal energy generation in California, and revitalizing currently idle Held in Generation facilities in strategically located regions. To be eligible for funding, requires a generation facility Committee 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. AB 620 Requires the Los Angeles County Metropolitan Transportation Authority (LA Metro) to take 1/27/16 Signed into (R. Hernandez) additional steps to increase enrollment and participation in its existing low-income assistance Law: Chapter LA Metro Express program related to its I-10 and I-110 express lanes. In this regard, requires LA Metro to improve #738 Lanes: Low-Income the awareness of the program through advertising, and by working with local community groups Assistance Program and social service agencies to distribute information about the program. Requires LA Metro to consider offering greater incentives to encourage participation in the program.
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State Assembly Subject Last Status VTA Bills Amended Position AB 626 Establishes a claim resolution process that would be applicable to all public works contracts entered 8/19/16 Signed into (Chiu) into by a public entity on or after January 1, 2017. Upon receipt of a claim from a contractor sent Law: Chapter Public Works by registered mail or certified mail with return receipt requested, requires the public entity to #810 Contracts: Claims 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. Specifies that a waiver of the rights granted by the bill is void and contrary to public policy, except that: (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of the bill, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in the bill. Exempts certain state agencies from the provisions of the bill, including Caltrans, the California High-Speed Rail Authority and the Department of General Services. Sunsets the provisions of the bill on January 1, 2020.
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State Assembly Subject Last Status VTA Bills Amended Position AB 645 Pursuant to the California Renewables Portfolio Standard, requires the California Public Utilities As Senate (Williams) Commission (CPUC), by January 1, 2017, to establish the quantity of electricity products from Introduced Appropriations Electricity: California eligible renewable energy resources to be procured by each retail seller for specified compliance Committee: Renewables Portfolio periods sufficient to ensure that the procurement of electricity products from these resources Held in Standard achieves 50 percent of retail sales by December 31, 2030. Requires the quantities to reflect Committee 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. AB 678 Requires the California Air Resources Board (CARB), in conjunction with the State Energy 8/18/15 Senate (O’Donnell) Resources Conservation and Development Commission, to develop and implement an Energy Appropriations Energy Efficiency and Efficiency and Greenhouse Gas Reductions Ports Program. Provides that the purpose of this Committee: Greenhouse Gas program is to fund energy efficiency upgrades and investments at public ports that help reduce the Held in Reductions Ports emissions of criteria pollutants, toxic air contaminants and greenhouse gases. Authorizes CARB to Committee Program 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. AB 779 By April 30 of each year, requires a city, county or special district to post compensation 8/3/16 Vetoed by the (Garcia) information in a conspicuous location on its Internet Web site that contains the names, positions Governor Local Government: and total compensation, including a breakdown of the types of compensation provided, of each Compensation elected official within that entity for the previous calendar year. Defines “total compensation” to Disclosures 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. Exempts school districts from the provisions of the bill.
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State Assembly Subject Last Status VTA Bills Amended Position AB 828 Until January 1, 2018, excludes any motor vehicle operated in connection with a transportation 6/30/16 Senate (Low) network company from the definition of “commercial vehicle” if the vehicle: (1) is operated only Appropriations Regulated for passenger service; (2) is limited to seven passengers, not including the driver; (3) is operated Committee: Transportation exclusively by the person to whom it is registered or insured; (4) is not a paratransit vehicle; (5) is Held in Services not operated for public transit services; and (6) is not operated for school bus services. Requires Committee 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. AB 869 For those public transit agencies that use an administrative adjudication process for fare evasion 6/18/15 Senate Floor: (Cooper) and passenger misconduct violations, provides that a person who fails to pay the administrative Held on the Fare Evasion and penalty when due or to have the violation dismissed may be subject to criminal penalties. Requires Floor Prohibited Conduct on the public transit agency to include in the notice of fare evasion or passenger misconduct a printed Transit Vehicles 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. AB 1030 For projects involving hiring that are seeking an allocation of cap-and-trade auction proceeds from 7/7/15 Senate (Ridley-Thomas) the Greenhouse Gas Reduction Fund, requires priority to be given to those projects that support the Appropriations Cap-and-Trade: targeted training and hiring of workers from disadvantaged communities for career-track jobs. Committee: Disadvantaged Held in Workers Committee AB 1108 Declares that it is the policy of the state to foster the use of zero-emission vehicles as an 8/16/16 Senate Rules (Burke) environmentally and economically beneficial strategy to reduce air pollution, and promote public Committee: Zero-Emission health and well-being. No later than December 31, 2017, requires the California Air Resources Held in Vehicles Board (CARB) to adopt a regulation establishing that by 2025, no less than 15 percent of all new Committee car sales within the state shall be zero-emission vehicles.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1360 Allows a transportation network company or a charter-party carrier of passengers that prearranges a 7/2/15 Senate Energy, (Ting) ride among multiple passengers who share the ride in whole or in part to charge an individual fare, Utilities & Transportation rather than a vehicle-mileage or time-of-use fare, provided that all of the following conditions are Communications Network Companies: met: (1) the vehicle seats no more than seven passengers, not including the driver; (2) the driver is Committee: Ridesharing a participating driver, as defined; (3) the vehicle is not used to provide public transit services or to Held in carry passengers over a fixed route; (4) the vehicle is not used to provide pupil transportation or Committee 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. AB 1364 Excludes the California Transportation Commission (CTC) from the California State As Senate (Linder) Transportation Agency (CalSTA), and establishes it as a separate and independent entity in state Introduced Transportation California government. & Housing Transportation Committee: Commission Held in Committee AB 1549 During the planning phase of a Caltrans-led highway construction project that was initiated on or 8/19/16 Signed into (Wood) after January 1, 2017, is parallel to the highway, and involves construction methods suitable for Law: Chapter State Highway Rights- installing broadband conduit, requires Caltrans to notify companies and organizations working on #505 of-Way: Fiber-Optic broadband deployment of the project on its Internet Web site to encourage collaborative broadband Cables installations. By January 1, 2018, requires Caltrans, in consultation with stakeholders, to develop guidelines to facilitate the installation of broadband conduit on state highway rights-of-way. Requires these guidelines to address access to information on existing assets and collaboration on future projects.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1550 Requires the three-year investment plan prepared by the Department of Finance for the expenditure 8/23/16 Signed into (Gomez) of cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to do the Law: Chapter Greenhouse Gas following: (1) allocate a minimum of 25 percent of available dollars in the fund to projects located #369 Reduction Fund: within the boundaries of, and benefiting individuals living in, disadvantaged communities; (2) Investment Plan allocate a minimum of 5 percent of available dollars to projects that benefit low-income households; or to projects located within the boundaries of, and benefit individuals living in, low- income communities located anywhere in the state; and (3) a minimum of 5 percent of available dollars either to projects that benefit low-income households that are outside of, but within a half mile of disadvantaged communities; or to projects located within the boundaries of, and benefiting individuals living in low-income communities that are outside of, but within a half mile of disadvantaged communities. Provides that money allocated pursuant to one of the aforementioned shall not count toward the minimum requirements of any of the other aforementioned. 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. Provides that this bill shall become operative only if AB 1613 is also enacted into law. AB 1555 For FY 2017, appropriates $800 million in cap-and-trade auction proceeds deposited into the 3/28/16 Assembly (Gomez) Greenhouse Gas Reduction Fund for the following: (1) $290 million to the California Air Budget Cap-and-Trade Resources Board (CARB) for low carbon transportation and infrastructure programs; (2) $10 Committee: Auction Proceeds: FY million to CARB for active transportation and transit pass investments; (3) $100 million to the Held in 2017 Funds Department of Community Services and Development, and the California Conservation Corps for Committee 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1569 Exempts from the California Environmental Quality Act (CEQA) a project that consists of the 3/28/16 Assembly (Steinorth) inspection, maintenance, repair, rehabilitation, replacement, or removal of existing transportation Natural CEQA: Exemption for infrastructure, including highways, roadways, bridges, tunnels, culverts, public transit systems, Resources Certain Transportation bikeways, paths and sidewalks serving bicycles or pedestrians, and the addition of auxiliary lanes Committee: Projects or bikeways to existing transportation infrastructure, if the project meets all of the following Held in conditions: (1) the project is located within an existing right-of-way; (2) any area surrounding the Committee 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. AB 1572 Provides that a pupil attending a public, non-charter school that receives Title 1 federal funding 4/21/16 Assembly (Campos) shall be entitled to free transportation to and from school if either of the following conditions are Appropriations School Transportation met: (1) the pupil resides more than one-half mile from the school; or (2) the neighborhood Committee: through which the pupil must travel to get to school is unsafe due to such factors as stray dogs, lack Held in of sidewalks, known gang activity, presence of environmental problems and hazards, required Committee 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1591 Proposes to generate new revenues for transportation purposes from the following sources: (1) an As Assembly (Frazier) increase in the gasoline excise tax of 22.5 cents per gallon; (2) an increase in the diesel excise tax Introduced Transportation Transportation of 30 cents per gallon; (3) a registration surcharge of $38 per year imposed on all motor vehicles; Committee: Funding and (4) a registration surcharge of $165 per year imposed on zero-emission vehicles. Requires the Held in repayment over the next two years of approximately $879 million in outstanding loans owed by the Committee 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 cap- and-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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1592 Authorizes the Contra Costa Transportation Authority (CCTA) to conduct a pilot project for the 8/19/16 Signed into (Bonilla) testing of autonomous vehicles that do not have a driver seated in the driver’s seat, and that are not Law: Chapter Contra Costa equipped with a steering wheel, a brake pedal or an accelerator, provided that the following #814 Transportation requirements are met: (1) the testing is conducted only at a privately owned business park Authority: designated by CCTA and at the GoMentum Station located within the boundaries of the former Autonomous Vehicles Concord Naval Weapons Station; and (2) the autonomous vehicles operate at speeds of less than Pilot Project 35 miles per hour. Specifies that a change in ownership of the property comprising the GoMentum Station does not affect the authorization to conduct the testing. Prior to the start of testing of any autonomous vehicles pursuant to this bill, requires CCTA or a private entity or a combination of the two to do both of the following: (1) obtain an instrument of insurance, surety bond or proof of self- insurance in an amount of $5 million; and (2) submit a detailed description of the testing program to the Department of Motor Vehicles (DMV). 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 will be collected by the autonomous vehicle. For the testing of autonomous vehicles within the designated business park, allows the DMV to require data collection for evaluating the safety of the vehicles. Specifies that the bill does not limit the authority of the 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. Specifies that the provisions of the bill shall remain in effect only until 180 days after the operative date of any regulations promulgated by the DMV that allow for the testing of autonomous vehicles without a driver in the vehicle. Requires any testing of autonomous vehicles conducted by CCTA to conform to those regulations. AB 1595 Requires a private or public employer that provides mass transportation services in California to 3/29/16 Assembly Support (Campos) train its relevant employees in recognizing the signs of human trafficking and how to report those Appropriations Mass Transportation signs to the appropriate law enforcement agency. Requires the Department of Justice to develop Committee: Employees: Human guidelines for this training that include all of the following: (1) the definition of human trafficking, Held in Trafficking Training including sex and labor trafficking; (2) myths and misconceptions about human trafficking; (3) Committee 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1613 Appropriates $900 million in “uncommitted” cap-and-trade auction proceeds that have been 8/30/16 Signed into (Budget Committee) deposited into the Greenhouse Gas Reduction Fund for the following: (1) $135 million for the Law: Chapter Cap-and-Trade Transit and Intercity Rail Capital Program; (2) $10 million for the Active Transportation Program; #370 Expenditure Plan (3) $80 million for urban greening programs; (4) $140 million for transformative climate communities grants; (5) $2 million for technical assistance to disadvantaged communities; (6) $25 million for the Healthy Forest Program; (7) $15 million for urban forestry programs; (8) $133 million for the Clean Vehicle Rebate Program; (9) $80 million for the Enhanced Fleet Modernization Program Plus-Up Pilot Project and other light-duty vehicle equity pilot projects; (10) $150 million for heavy-duty vehicle and off-road equipment investments; (11) $5 million for black carbon wood smoke programs; (12) $20 million for weatherization and renewable energy projects; (13) $7.5 million for the State Water Efficiency and Enhancement Program; (14) $7.5 million for the Healthy Soils Program; (15) $50 million for methane emissions reductions from dairy and livestock operations; and (16) $40 million for waste diversion and greenhouse gas emissions reduction financial assistance. AB 1640 Clarifies that public transit employees whose interests are protected under Section 5333(b) of Title 6/20/16 Senate Floor: Sponsor (Stone) 49 of the United States Code and who became a member of a state or local public retirement system Held on the Retirement: Public prior to December 30, 2014, are exempt from the California Public Employees’ Pension Reform Floor Transit Employees Act of 2013 (PEPRA). AB 1641 Allows a public transit agency, by ordinance or resolution, to permit the vehicles of a private As Assembly (Allen) shuttle service provider to stop for the loading or unloading of its passengers alongside any or all Introduced Transportation Private Shuttles curb spaces designated for the passengers of the public transit agency’s buses. States that it is not Committee: the intent of the Legislature to replace public transit service. Held in Committee AB 1661 Requires local agency officials to receive sexual harassment prevention training and education if 8/15/16 Signed into (McCarthy) the agency provides any type of compensation, salary or stipend to those officials. Defines “local Law: Chapter Sexual Harassment agency official” to mean any member of a local agency’s legislative board and any elected local #816 Training and agency official. Allows a local agency to also require any of its employees to receive such training Education 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 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1665 Until December 31, 2024, allows the Contra Costa Transportation Authority to impose a 5/9/16 Signed into (Bonilla) transactions and use tax for the support of countywide transportation programs at a rate of not more Law: Chapter Contra Costa than 0.5 percent that would, in combination with all other such taxes imposed in the county, exceed #45 Transportation the state’s limit of 2 percent, subject to the following conditions: (1) the authority adopts an Authority: ordinance imposing the tax by the appropriate voting approval requirement; and (2) the ordinance Transactions and Use is submitted to the county’s electorate on a November general election ballot and is approved by Taxes the voters pursuant to Article XIII C of the California Constitution. AB 1707 Requires a local agency’s response to a written request for public records that includes a denial of 3/28/16 Assembly Local (Linder) the request, in whole or in part, to be in writing. Requires a local agency’s written response Government Written Public demonstrating that the record in question is exempt under an express provision of state law to also Committee: Records Requests identify the type of record withheld and the specific exemption that justifies the withholding of that Held in type of record. Committee AB 1710 By January 1, 2019, requires the California Air Resources Board (CARB) to develop and 4/5/16 Assembly (Calderon) implement a comprehensive program to promote zero-emission and near-zero-emission vehicle Appropriations Zero-Emission and deployment in the state to drastically increase the use of those vehicles, and to meet the goals Committee: Near-Zero-Emission established by the Governor and the Legislature. Requires this program to consist of a portfolio of Held in Vehicles incentives, including the following: (1) an employer incentive program; (2) an incentive program Committee 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. AB 1717 Provides that if the state’s high-speed rail project becomes ineligible for cap-and-trade funding 3/18/16 Assembly (Hadley) from the Greenhouse Gas Reduction Fund because of the selection of an alternative initial Transportation Cap-and-Trade: High- operating segment by the California High-Speed Rail Authority that is not as described in its 2012 Committee: Speed Rail business plan, requires the 25 percent in cap-and-trade auction proceeds that is required to be Held in allocated to the authority under current law to be, instead, continuously appropriated to the Transit Committee and Intercity Rail Capital Program.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1746 Allows the Santa Clara Valley Transportation Authority (VTA), the Alameda-Contra Costa Transit 5/24/16 Senate Sponsor (Stone) District (AC Transit), the Central Contra Costa Transit Authority (County Connection), the Transportation Transit-Bus-Only Livermore Amador Valley Transit Authority, the Los Angeles County Metropolitan Transportation & Housing Traffic Corridors Authority (LA Metro), North County Transit District, the San Diego Association of Governments Committee: (SANDAG), and the San Diego Metropolitan Transit System (MTS) to utilize the shoulders of state Held in highways within their service areas as transit-bus-only traffic corridors, subject to the approval of Committee 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. AB 1768 Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, 2/25/16 Assembly (Gallagher) Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as Transportation High-Speed Rail: specifically provided with respect to an existing appropriation for early improvement projects Committee: Bond Funding related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent Held in proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the Committee 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. AB 1780 Requires 20 percent of the annual amount of cap-and-trade auction proceeds deposited into the 3/28/16 Assembly (Medina) Greenhouse Gas Reduction Fund to be continuously appropriated to the California Transportation Appropriations Cap-and-Trade: Trade Commission (CTC) to be allocated to reduce greenhouse gas emissions in trade corridors consistent Committee: Corridors with the guidelines developed by the commission for the Proposition 1B Trade Corridors Held in Improvement Fund. Committee
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State Assembly Subject Last Status VTA Bills Amended Position AB 1785 Recasts provisions in current law to prohibit a person from driving a motor vehicle while holding 8/3/16 Signed into (Quirk) and operating a handheld wireless telephone or an electronic wireless communications device for Law: Chapter Vehicles: Wireless any purpose, unless the device is specifically designed and configured to be used in a voice- #660 Electronic Devices operated and hands-free manner. Specifies that this prohibition shall not apply to manufacturer- installed 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. AB 1813 Provides for the appointment of one senator by the Senate Rules Committee and one As Signed into (Frazier) Assemblymember by the Speaker to serve as ex-officio members of the California High-Speed Rail Introduced Law: Chapter California High-Speed Authority. Specifies that the ex-officio members shall participate in the activities of the High- #117 Rail Authority: Speed Rail Authority to the extent that such participation is not incompatible with their positions as Membership members of the Legislature. AB 1814 Authorizes Caltrans to enter into one or more agreements for the operation of safety roadside rest 4/11/16 Assembly (Allen) areas by private entities in conjunction with the development of a retail establishment. Transportation State Highways: Committee: Roadside Rest Areas Held in Committee AB 1815 Upon an appropriation of cap-and-trade auction proceeds deposited into the Greenhouse Gas 5/2/16 Assembly (Alejo) Reduction Fund, requires the California Environmental Protection Agency (CalEPA) to establish a Appropriations Cap-and-Trade: comprehensive technical assistance program for eligible applicants assisting disadvantaged Committee: Disadvantaged communities that the agency determines require technical assistance in accessing programs funded Held in Communities with cap-and-trade auction proceeds. Requires this program to provide assistance to eligible Committee Technical Assistance applicants with regard to any of the following: (1) identifying state agencies with appropriate grant Program 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1833 Requires Caltrans to establish an Advanced Mitigation Program to accelerate project delivery and 4/25/16 Assembly (Linder) improve the outcomes of environmental mitigation for transportation infrastructure projects. Appropriations Advanced Mitigation Allows the program to utilize mitigation instruments, including mitigation banks and conservation Committee: Program easements. Allows Caltrans to use advanced mitigation credits to fulfill mitigation requirements of Held in any environmental law for a transportation project eligible for the State Transportation Committee Improvement Program (STIP), or the State Highway Operation and Protection Program (SHOPP). AB 1841 By July 1, 2018, requires the Department of Technology to update the Technology Recovery Plan 8/15/16 Signed into (Irwin) Element of the State Administrative Manual to ensure the inclusion of cybersecurity strategy Law: Chapter Cybersecurity Strategy incident response standards for each state agency to secure its critical infrastructure controls and #508 Incident Response critical infrastructure information. In updating these standards, requires the Department of Standards Technology 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 Department of Technology in a manner and at a time directed by the department, but no later than July 1, 2019. Authorizes the Department of Technology to provide suggestions to a state agency to improve its compliance with the standards. AB 1851 For purposes of the state’s Clean Vehicle Rebate Project, requires the California Air Resources 4/13/16 Assembly (Gray) Board (CARB), until January 1, 2026, to provide specified rebate amounts for the purchase of Appropriations Clean Vehicle Rebate battery electric, fuel-cell and plug-in hybrid electric vehicles. Limits these rebates to the first Committee: Project $60,000 of the manufacturer’s suggested retail price or the final sales price, whichever is less. Held in Until January 1, 2026, requires CARB to issue specified rebates to a property owner or lessee up to Committee 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1866 Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, As Assembly (Wilk) Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as Introduced Transportation High-Speed Rail: specifically provided with respect to an existing appropriation for early improvement projects Committee: Bonding Funding related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent Held in proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the Committee 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 high- speed rail. AB 1873 Within the Office of Planning and Research, creates the Board of Infrastructure Planning, 4/19/16 Assembly (Holden) Development and Finance. Requires the board to categorize and recommend the priority of the Appropriations Board of Infrastructure state’s infrastructure needs and develop funding to finance those projects. Committee: Planning, Held in Development and Committee Finance AB 1886 Specifies that a transit priority project shall be considered to be within one-half mile of a major 5/11/16 Senate (McCarty) transit stop or high-quality transit corridor and, thus, shall qualify for limited review under the Environmental CEQA: Transit California Environmental Quality Act (CEQA) if all parcels within the project have no more than Quality Priority Projects 50 percent, rather than 25 percent, of their area farther than one-half mile from the stop or corridor. Committee: Held in Committee AB 1889 For purposes of expending Proposition 1A bond proceeds appropriated to the California High- 8/19/16 Signed into Support (Mullin) Speed Rail Authority in the FY 2013 Budget Act, clarifies that a corridor or usable segment is Law: Chapter High-Speed Rail: FY deemed to be suitable and ready for high-speed rail operation if the bond proceeds are to be used #744 2013 Proposition 1A for capital costs for a project that would enable high-speed trains to operate immediately, or after Appropriations 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. Requires the High-Speed Rail Authority to include in its business plan and project update reports information describing the use of these bond proceeds, demonstrating that the investments made are consistent with its current business plan and advance the development of the Phase 1 blended system as described in the plan.
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State Assembly Subject Last Status VTA Bills Amended Position AB 1908 Prohibits establishing a high-occupancy vehicle (HOV) lane on a state highway in Southern 3/17/16 Assembly (Harper) California, unless the lane is established as an HOV lane only during the hours of heavy commuter Transportation HOV Lanes in traffic, as determined by Caltrans. Requires existing HOV lanes in Southern California to be Committee: Southern California modified to conform to this provision. On or after May 1, 2018, provides that if Caltrans Held in determines that there is an adverse impact on safety, traffic conditions or the environment by Committee 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. AB 1910 Requires the Secretary of State’s Office to submit the following advisory question to the voters as As Assembly (Harper) part of the November 8, 2016, general election ballot: “Shall the California Legislature Introduced Transportation Transportation disproportionately target low-income and middle-class families with a regressive tax increase on Committee: Advisory Ballot gasoline and annual vehicle registrations to fund road maintenance and rehabilitation, rather than Held in Measure ending the diversion of existing transportation tax revenues for nontransportation purposes, Committee 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?” AB 1919 Clarifies that accrued interest and premiums received on the sale of bonds by a local transportation 4/4/16 Signed into (Quirk) authority may be used either for the payment of bond debt service or for transportation purposes for Law: Chapter Local Transportation which the debt was incurred. #745 Authorities: Bonds AB 1938 Clarifies that the existing 1 percent limitation on the amount of direct contributions or loans that the As Assembly (Baker) Bay Area Toll Authority (BATA) may make to the Metropolitan Transportation Commission Introduced Transportation Bay Area Toll (MTC) applies to any revenues derived from bridge tolls, fees or taxes, regardless of classification. Committee: Authority Held in Committee
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State Assembly Subject Last Status VTA Bills Amended Position AB 1964 On January 1, 2018, ends the authority of the Department of Motor Vehicles (DMV) to issue 8/17/16 Senate Floor: (Bloom) decals, stickers or other identifiers allowing battery electric, hydrogen fuel cell and compressed Held on the HOV Lanes: Low- natural gas vehicles to use high-occupancy vehicle (HOV) lanes without the required number of Floor Emission and Energy occupants in the vehicle. Specifies that decals, stickers or other identifiers issued for these vehicles Efficient 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 four- year period. Beginning January 1, 2019, prohibits the DMV from issuing a decal, sticker or other identifier to allow HOV lane access for plug-in hybrid vehicles to an applicant who has received a consumer rebate under the Clean Vehicle Rebate Project, unless the rebate was issued to a buyer whose income falls below $125,000 for an individual who files a tax return as a single person, $170,000 for an individual who files a tax return as a head-of-household, or $250,000 for an individual who files a joint tax return. 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 9.2 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 sale 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, if the department finds all of the following: (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. AB 1982 Increases the membership of the California Transportation Commission (CTC) to 15 by providing 4/12/16 Assembly (Bloom) for the Senate Rules Committee and the Assembly speaker to each appoint an additional member. Transportation California Requires one member appointed by the Senate Rules Committee and by the Assembly speaker to Committee: Transportation be a person who works directly with communities in California that are most significantly burdened Held in Commission by, and vulnerable to, high levels of pollution, including communities with diverse racial and ethnic Committee Membership populations, and communities with low-income populations.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2014 No later than June 20, 2018, and every five years thereafter, requires Caltrans, in coordination with 4/13/16 Assembly (Melendez) the California Highway Patrol (CHP) and regional and local entities, to publish a statewide Appropriations Freeway Service Freeway Service Patrol Program Assessment. Requires this assessment to do all of the following: Committee: Patrols: Program (1) identify, quantify and analyze existing freeway service patrols, and identify opportunities to Held in Assessment increase or expand service levels; (2) analyze and provide recommendations regarding the current Committee 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. AB 2028 Requires a member of the California Public Employees’ Retirement System (CalPERS) who was 6/13/16 Signed into (Cooper) involuntarily terminated from employment on or after January 1, 2017, and subsequently reinstated Law: Chapter CalPERS: Wrongful to that employment pursuant to an administrative, arbitral or judicial proceeding to be reinstated in #794 Termination and CalPERS with all retirement benefits that the member otherwise would have accrued. Service Credits AB 2030 Allows the San Mateo County Transit District (SamTrans) and the Bay Area Rapid Transit District 6/1/16 Signed into (Mullin) (BART) to use an informal bidding process for materials, supplies and equipment contracts, under Law: Chapter SamTrans and BART: which a minimum of three quotations are obtained from vendors, for those contracts between #143 Contracting Issues $5,000 and $150,000. AB 2034 Extends indefinitely the statutory authorization for Caltrans to participate in a federal program that 3/17/16 Senate (Salas) allows states to assume the responsibilities of the Federal Highway Administration (FHWA) under Transportation Federal Environmental the National Environmental Policy Act (NEPA). In addition, extends indefinitely provisions in & Housing Review Process existing law that authorize Caltrans to consent to the jurisdiction of the federal court’s with regard Committee: to the assumption of FHWA’s responsibilities under NEPA and that waive the state’s Eleventh Held in Amendment protection against NEPA-related lawsuits brought in federal court for as long as Committee Caltrans participates in the program.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2049 Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, As Assembly (Melendez) Reliable High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as Introduced Transportation High-Speed Rail: specifically provided with respect to an existing appropriation for early improvement projects Committee: Bond Funding related to the Phase I blended system. Upon appropriation by the Legislature, requires the unspent Held in proceeds received from outstanding bonds issued and sold for high-speed rail purposes prior to the Committee 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. AB 2087 Authorizes the California Department of Fish and Wildlife to approve a regional conservation 8/31/16 Signed into (Levine) investment strategy proposed by the department or any other public agency that has been developed Law: Chapter Regional Conservation in consultation with local agencies that have land-use authority within the geographic area of the #455 Investment Strategies strategy. Provides that the department may only approve a regional conservation investment strategy if one or more state agencies request approval through a letter indicating that the strategy would contribute to meeting both of the following state goals: (1) conservation; and (2) public infrastructure or forest management. Specifies that the purpose of a regional conservation investment strategy is to inform science-based non-binding and voluntary conservation and habitat enhancement actions that would advance the conservation of focal species, including the ecological processes, natural communities and habitat connectivity upon which those focal species depend. Requires a regional conservation investment strategy to provide non-binding, voluntary guidance for one or more of the following: (1) identification of wildlife and habitat conservation priorities, including actions to address the impacts of climate change and other wildlife stressors; (2) investments in resource conservation; (3) infrastructure; or (4) identification of areas for compensatory mitigation for impacts to species and natural resources. Allows a conservation or habitat enhancement action that measurably advances the objectives of an approved regional conservation investment strategy to be used to create mitigation credits to compensate for impacts to focal and other species, habitat, and other natural resources. Provides that such mitigation credits may be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state or federal regulatory agency.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2090 Authorizes Low Carbon Transit Operations Program (LCTOP) funding to be expended by a public 5/27/16 Senate Support (Alejo) transit agency to support the operation of existing bus or rail service if all of the following occur: Appropriations Low Carbon Transit (1) the governing board of the public transit agency declares a fiscal emergency within 90 days Committee: Operations Program prior to requesting its formula share of LCTOP funds; (2) the LCTOP funds are necessary to Held in sustain the agency’s public transit service in the fiscal year in which the money is to be spent; (3) Committee 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. AB 2094 Beginning in FY 2017, requires $1 billion in cap-and-trade auction proceeds deposited into the 3/18/16 Assembly (Obernolte) Greenhouse Gas Reduction Fund to be transferred to the Retail Sales Tax Fund for allocation Transportation Transportation pursuant to the Transportation Development Act (TDA) if certain conditions are met. Provides that Committee: Development Act in each fiscal year in which this transfer occurs, requires $1 billion in TDA funding to be Held in (TDA) Funding redirected, as follows: (1) 50 percent to Caltrans for maintenance of the state highway system, or Committee for projects funded through the State Highway Operation and Protection Program (SHOPP); and (2) 50 percent to cities and counties for local streets/roads. AB 2100 Requires the California Public Utilities Commission (CPUC), the State Energy Resources 3/18/16 Assembly (Calderon) Conservation and Development Commission, the Independent System Operator, and the California Natural 21st Century Air Resources Board (CARB) to review and evaluate their policies and plans for the expansion of Resources Infrastructure Act of 21st century infrastructure. Requires these agencies to do all of the following: (1) develop an Committee: 2016 interagency permitting committee to institute reforms and modernize infrastructure permitting and Held in reviews; (2) strengthen dispute resolution mechanisms to quickly resolve conflicts and ensure that Committee 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. AB 2126 Increases the number of state highway projects for which Caltrans may use the Construction As Signed into (Mullin) Manager/General Contractor (CMGC) method of project delivery from six to 12. For at least eight Introduced Law: Chapter CMGC Contracting: of these projects, requires Caltrans to use department employees or consultants under contract to #750 Caltrans 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2170 Requires revenues apportioned to California from the National Highway Freight Program 8/17/16 Vetoed by the (Frazier) established by the federal Fixing America’s Surface Transportation (FAST) Act to be allocated by Governor Trade Corridors the California Transportation Commission (CTC) for projects pursuant to the process that was used Improvement Fund: for the Proposition 1B Trade Corridors Improvement Fund (TCIF). Makes a series of changes to Federal Dollars the statutes governing the TCIF. In determining which projects are eligible for TCIF funding, requires the CTC to consult the California Sustainable Freight Action Plan released in July 2016 pursuant to a gubernatorial executive order. Requires projects eligible for TCIF funding to further the state’s economic, environmental and public health objectives and goals for freight policy. In selecting projects for TCIF funding, requires the CTC to evaluate the total potential costs, and the total potential economic and non-economic benefits to California’s economy, environment and public health. Requires the CTC to consult with the California Air Resources Board (CARB) in order to utilize the appropriate models, techniques and methods to develop the parameters for the evaluation of projects for TCIF funding. Requires the CTC to adopt any amendments to the current TCIF guidelines by April 1, 2017. In adopting amended guidelines, and in developing and adopting the program of projects for TCIF funding, requires the CTC to do all of the following: (1) accept nominations for projects to be included in the program of projects from regional and local transportation agencies, and from Caltrans; (2) recognize the key role of the state in project identification and support integrating statewide goods movement priorities into the corridor approach; and (3) make a finding that adoption and delivery of the TCIF program of projects is in the public interest. AB 2196 Makes a number of technical clean-up changes to the enabling statutes of the Santa Clara Valley 6/8/16 Signed into Sponsor (Low) Transportation Authority (VTA). Consistently uses “VTA” as the name of the organization Law: Chapter VTA Enabling throughout the enabling statutes. Uses the term “boundaries” to refer to VTA’s area of jurisdiction. #381 Statutes 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2222 Creates the Transit Pass Program to support local programs that provide free or reduced-fare public 8/2/16 Senate (Holden) transit passes to any of the following: (1) pupils attending public middle schools or high schools Appropriations Cap-and-Trade that are eligible for funding under Title 1 of the federal No Child Left Behind Act of 2001; (2) Committee: Funding: Transit Pass students attending a California community college who qualify for a waiver of student fees Held in Program pursuant to the Education Code; or (3) a student who attends a campus of the California State Committee 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. AB 2233 Requires Caltrans to adopt rules and regulations to allow for the placement, near exits and off- As Assembly (Brown) ramps on freeways located in urban and rural areas, of informational signs identifying the closest Introduced Transportation Highways: Exit hospital owned and operated by a county that includes the full name of the hospital, if both of the Committee: Information Signs following conditions are met: (1) the county requests the placement of the sign; and (2) the county Held in agrees to pay for the cost of the sign. Requires Caltrans to erect the sign or signs within 30 days of Committee receipt of payment from the county.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2257 Requires an online posting of an agenda for a meeting occurring on or after January 1, 2019, of a 6/22/16 Signed into (Maienschein) legislative body of a local agency that has an Internet Web site to be posted on the agency’s Law: Chapter Local Agency primary Internet Web site homepage accessible through a prominent, direct link to the current #265 Meetings: Online agenda. Requires the direct link to be posted in an open format that meets all of the following Posting of Agendas 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. AB 2289 Clarifies that capital projects to improve the operation of state highways and bridges are eligible for As Signed into (Frazier) funding under the State Highway Operation and Protection Program (SHOPP). Introduced Law: Chapter SHOPP Projects #76 AB 2292 By July 1, 2017, requires the California Environmental Protection Agency (CalEPA) to revise its 4/14/16 Assembly (Gordon) CalEnviroScreen tool used to identify disadvantaged communities for investment opportunities for Appropriations Disadvantaged cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund to include areas of the Committee: Communities: state that are disproportionately impacted by any of the following: (1) high poverty rates; (2) high Held in CalEnviroScreen rent burden and severe rent burden where households pay more than 50 percent of their household Committee income in gross rent; or (3) high cost of living. AB 2293 Requires the California Environmental Protection Agency (CalEPA) to establish and administer the 4/27/16 Assembly (C. Garcia) Green Assistance Program to do all of the following: (1) provide technical assistance, including Appropriations Cap-and-Trade: Green assistance with the development of competitive project proposals, to small businesses and small Committee: Assistance and non-profit organizations applying for an allocation of cap-and-trade auction proceeds from the Held in California Green Greenhouse Gas Reduction Fund; (2) assist small businesses in applying for cap-and-trade funding Committee Business Programs 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2332 By 2020, requires Caltrans to increase the annual number of complete streets projects undertaken 4/5/16 Assembly (E. Garcia) by the department by 20 percent over the 2016 baseline. Establishes the following goals for Transportation Caltrans: State Caltrans: (1) reducing the number of transit, pedestrian and bicyclist fatalities by 10 percent, based Committee: Transportation Goals on the 2016 baseline; and (2) by 2020, reducing vehicle miles traveled by 15 percent of the Held in statewide per capita relative to 2010 levels reported by Caltrans district. Establishes a Caltrans goal Committee 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. AB 2348 Authorizes the Department of Finance to identify infrastructure projects in the state for which the 5/27/16 Vetoed by the (Levine) department will guarantee a rate of return for an investment made in that infrastructure project by Governor Retirement Plans: the Public Employees’ Retirement System (CalPERS). Creates the Reinvesting in California Infrastructure Special Fund as a continuously appropriated fund. Requires money in the fund to be used to pay Investments 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. AB 2355 Requires Caltrans to develop a program for the reasonable mitigation of noise and vibration levels As Assembly (Dababneh) in residential neighborhoods along railroad lines where the department contracts for state-funded Introduced Transportation Intercity Rail Services: intercity rail passenger service. Committee: Noise Mitigation Held in Committee AB 2374 Clarifies that regional transportation agencies, including the Santa Clara Valley Transportation 8/17/16 Signed into Support (Chiu) Authority (VTA), may use the Construction Manager/General Contractor (CMGC) project delivery Law: Chapter CMGC Contracting: method to design and construct projects on expressways that are not on the state highway system. #753 Local Expressways 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. 2015-2016 Legislative Update Matrix Page 28 of 60
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State Assembly Subject Last Status VTA Bills Amended Position AB 2382 Beginning with an available vacancy on and after January 1, 2017, requires one of the Governor’s 4/11/16 Assembly (Lopez) appointments to the California High-Speed Rail Authority to be a person, other than a current or Transportation High-Speed Rail former elected official, who is from a disadvantaged community. Committee: Authority: Held in Membership Committee AB 2394 Requires Medi-Cal to provide coverage for non-medical transportation for a beneficiary to obtain 8/16/16 Signed into (E. Garcia) covered Medi-Cal services, subject to utilization controls, and permissible time and distance Law: Chapter Medi-Cal: Non- standards. Specifies that the provisions of the bill would become operative on July 1, 2017, or the #615 Medical effective date of any necessary federal approvals, whichever is later. Defines “non-medical Transportation transportation” to include, at a minimum, round trip transportation for a beneficiary to obtain covered Medi-Cal services by passenger car, taxicab, or any other public or private conveyance. AB 2398 Every five years, requires the California Transportation Commission (CTC) to report to the 3/18/16 Assembly (Chau) Legislature both of the following: (1) the number of selections, adoptions and location Transportation State Highways determinations for state highway routes; and (2) the amount of money allocated for the Committee: construction, improvement or maintenance of the various highways under the jurisdiction of Held in Caltrans. Committee AB 2411 On July 1, 2017, prohibits revenues generated by Caltrans through the rental or sale of property, the 5/27/16 Senate (Frazier) sale of documents and other miscellaneous services to the public from being transferred to the Transportation Miscellaneous General Fund and used for debt service on general obligation transportation bonds. Instead, & Housing Caltrans Revenues requires these revenues to be retained in the State Highway Account and used for transportation Committee: purposes. Held in Committee AB 2426 Until January 1, 2021, requires the California Air Resources Board (CARB) to establish and 3/18/16 Assembly (Low) implement the Workplace Charging Station Grant Program to award grants to commercial property Transportation Workplace Charging owners or lessees for the installation of electric vehicle charging stations in their parking facilities Committee: Station Grant Program for employees or visitors. Held in Committee AB 2468 Authorizes a public agency that has contracted with the California Public Employees’ Retirement 4/12/16 Assembly Public (Hadley) System (CalPERS) to offer an alternative formula from the one required by the Public Employees’ Employees, Public Employees’ Pension Reform Act of 2013 to be applicable to miscellaneous, non-safety employees hired after Retirement & Retirement January 1, 2017, and who are new members, provided that the agency and the representative Social Security employee organization have agreed to its application in a valid memorandum of understanding. Committee: Specifies that the alternative formula would be 1 percent at 55 and 1.7 at 62. Held in Committee AB 2542 When submitting a capacity-increasing project, or a major street or highway lane realignment 3/15/16 Signed into (Gatto) project to the California Transportation Commission (CTC) for approval, requires Caltrans or a Law: Chapter Streets and Highways: regional transportation agency to demonstrate that reversible lanes were considered for the project. #525 Reversible Lanes
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State Assembly Subject Last Status VTA Bills Amended Position AB 2559 Requires Caltrans to authorize guide signs for any visitor center seeking such signs if the center is 8/2/16 Vetoed by the (Frazier) located within two miles from a state highway intersection. Requires Caltrans to establish and Governor Highway Signs: charge the visitor center a fee to fully offset the department’s costs to place and maintain such Visitor Centers signs. AB 2564 Requires the California Air Resources Board (CARB) to adopt regulations for the Clean Vehicle 4/20/16 Senate (Cooper) Rebate Project that do all of the following: (1) limit eligibility based on a person’s gross annual Environmental Clean Vehicle Rebate income; (2) increase the rebate payment by $500 for all eligible vehicle types for low-income Quality Project applicants; (3) include outreach to low-income households; and (4) prioritize rebate payments for Committee: low-income applicants. Defines “low income” to mean a resident whose household income is less Held in than or equal to 300 percent of the federal poverty level. Committee AB 2620 Requires Proposition 116 funds not expended or encumbered by July 1, 2020, to be reallocated to 8/29/16 Signed into (Dababneh) any other existing passenger rail project with existing rail service by the California Transportation Law: Chapter Proposition 116 Commission (CTC). Specifies that the state’s high-speed rail project is not eligible to receive any #763 Passenger Rail of the reallocated funds. Funding AB 2653 In its annual report to the Legislature regarding the status of projects funded with cap-and-trade 8/2/16 Senate (E. Garcia) auction proceeds from the Greenhouse Gas Reduction Fund, requires the Department of Finance to Appropriations Greenhouse Gas include, at a minimum, the following information: (1) the greenhouse gas emissions reductions Committee: Reduction Fund: attributable to each project: (2) actions and outcomes from those actions taken to assist the Held in Status Report residents of disadvantaged communities and other targeted populations with the business, Committee employment and training opportunities offered through activities with cap-and-trade auction proceeds; (3) the geographic 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 the business entities receiving cap-and-trade auction proceeds; and (5) the amount of other public or private dollars leveraged with cap-and-trade auction proceeds. AB 2675 For each taxable year beginning on or after January 1, 2017, and before January 1, 2020, allows an 5/2/16 Assembly (Chiu) income tax credit equal to 10 percent of the amount paid or incurred for electric vehicle Appropriations Tax Exclusions and infrastructure during the taxable year for use at a qualified dwelling, not to exceed $2,500. Committee: Credits: Electric Beginning January 1, 2017, and until January 1, 2020, excludes 10 percent of the price of electric Held in Vehicle Infrastructure vehicle infrastructure purchased for a qualified dwelling from the state portion of the sales and use Committee 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. AB 2702 Requires the California Air Resources Board (CARB) to conduct a study that outlines best practices 3/18/16 Assembly (Atkins) and policies for meeting the state’s goals related to reducing greenhouse gas emissions. Appropriations Greenhouse Gas Committee: Emissions Reductions Held in Study Committee
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State Assembly Subject Last Status VTA Bills Amended Position AB 2722 Creates the Transformative Climate Communities Program to be administered by the Strategic 8/31/16 Signed into (Burke) Growth Council. Under this program, requires the council to award competitive grants to eligible Law: Chapter Transformative applicants for the development and implementation of neighborhood-level transformative climate #371 Climate Communities community plans that include multiple, coordinate greenhouse gas emissions reduction projects that Program provide local economic, environmental and health benefits to 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 corporation; (7) a local agency; (8) a joint powers authority; or (9) a tribal government. Provides that 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. Specifies that the Strategic Growth Council, in awarding grants, may give priority to plans and projects that cover areas that have a high proportion of census tracks identified as disadvantaged communities and that focus on communities that are the most disadvantaged. Requires the California Environmental Protection Agency (CalEPA) to provide assistance in performing outreach to disadvantaged communities and assessing the environmental justice benefits of grant awards. Requires projects to maximize climate, public health, environmental, workforce, and economic benefits. Before awarding grants under the Transformative Climate Communities Program, requires the Strategic Growth Council to develop guidelines and selection criteria for the program. In adopting the guidelines, requires the council to consider whether eligible plans and projects avoid economic displacement of low-income disadvantaged community residents and businesses. AB 2741 Beginning in 2020, requires Caltrans to submit updates to the California Transportation Plan to the 6/8/16 Vetoed by the (Salas) California Transportation Commission (CTC) for its approval. Requires Caltrans to submit a draft Governor California of the updated plan to the CTC for its comments by June 30, 2020, and every five years thereafter. Transportation Plan If the CTC does not approve an updated plan, requires Caltrans to revise its proposed update in consultation with the commission. AB 2742 Extends existing statutory authority for Caltrans and regional transportation agencies, including the As Assembly Support (Nazarian) Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for Introduced Appropriations Public-Private transportation infrastructure projects to January 1, 2030. Committee: Partnerships Held in Committee
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State Assembly Subject Last Status VTA Bills Amended Position AB 2762 Establishes the Altamont Pass Regional Rail Authority for purposes of planning and delivering a 4/5/16 Assembly (Baker) cost-effective and responsive interregional rail connection between the Bay Area Rapid Transit Transportation Altamont Pass District (BART) regional rail system and the Altamont Commuter Express in the Tri-Valley within Committee: Regional Rail the city of Livermore. Provides that Phase 1 of the project shall consist of an extension of BART Held in Authority along Interstate 580 to a new station in the vicinity of the Isabel Avenue Interchange in the city of Committee 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. AB 2796 For funding cycles occurring on or after January 1, 2018, requires a minimum of 10 percent of all 6/30/16 Senate (Bloom) available Active Transportation Program funds to be programmed for planning and non- Appropriations Active Transportation infrastructure purposes, including activities related to safe routes to school. Of this amount, Committee: Program requires a minimum of 50 percent to be programmed for planning activities to develop Held in comprehensive active transportation master plans, including community engagement activities Committee 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 non- infrastructure 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.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2800 Requires state agencies to take into account the current and future impacts of climate change when 8/17/16 Signed into (Quirk) planning, designing, building, operating, maintaining, and investing in state infrastructure. By July Law: Chapter Climate-Safe 1, 2017, requires the Natural Resources Agency to establish a Climate-Safe Infrastructure Working #580 Infrastructure Working Group for the purpose of examining how to integrate scientific data concerning projected climate Group 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. Requires the working group to consider and investigate, at a minimum, the following issues: (1) the current informational and institutional barriers to integrating projected climate change impacts into state infrastructure design; (2) the critical information that engineers responsible for infrastructure design and construction need to address climate change impacts; and (3) how to select an appropriate engineering design for a range of future climate scenarios as related to infrastructure planning and investment. By July 1, 2018, requires the working group to make recommendations to the Legislature regarding all of the following: (1) integrating scientific knowledge of projected climate change impacts into state infrastructure design; (2) addressing critical information gaps identified by the working group; and (3) developing a platform or process to facilitate communication between climate scientists and infrastructure engineers. Specifies that the provisions of the bill will become inoperative on July 1, 2020. AB 2843 Provides that the home addresses, home telephone numbers, personal cellular telephone numbers, 8/18/16 Signed into (Chau) and birth dates of all employees of a public agency shall not be deemed to be public records, and Law: Chapter Public Records: shall not be open to public inspection. Allows disclosure of this information to be made in the #830 Employee Contact following circumstances: (1) to an agent or a family member of the individual to whom the Information 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. AB 2847 Requires the business plan prepared by the California High-Speed Rail Authority to identify 5/23/16 Vetoed by the (Patterson) projected financing costs for each segment or combination of segments of the high-speed rail Governor California High-Speed system for which financing is proposed by the authority. In the business plan and in other reports Rail Authority: that High-Speed Rail Authority is required to prepare, specifies that the authority shall call out any Reporting significant changes in scope for segments of the high-speed rail system identified in the previous Requirements version of the report, and provide an explanation of adjustments in cost and schedule attributable to the changes.
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State Assembly Subject Last Status VTA Bills Amended Position AB 2853 Allows a public agency that posts a public record on its Internet Web site to refer a member of the 6/16/16 Signed into (Gatto) public that requests to inspect that public record to the Web site where it is posted. If a member of Law: Chapter Public Records the public requests a copy of the public record due to an inability to access or reproduce it from the #275 Web site where it is posted, requires the public agency to promptly provide a copy to the member of the public. AB 2866 By July 1, 2018, requires the Department of Motor Vehicles (DMV) to adopt regulations for the 4/11/16 Assembly (Gatto) testing and operation of autonomous vehicles without a driver in the vehicle, and not equipped with Appropriations Autonomous Vehicles a brake pedal, accelerator pedal or steering wheel. Committee: Held in Committee ACA 3 Calls for placing before the voters an amendment to the California Constitution to make several As Assembly Public (Gallagher) changes to retirement benefits for public employees. Requires any enhancement to a public Introduced Employees, Public Employees’ employee’s retirement formula or benefit adopted on or after the effective date of this constitutional Retirement & Retirement amendment to apply only to serve performed on and after the operative date of the enhancement, Social Security and not to any service performed prior to that date. Provides that if a change to a public Committee: employee’s retirement membership classification or a change in employment results in an Held in enhancement to the retirement formula or benefit applicable to that employee, requires that Committee 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. ACA 4 Calls for placing before the voters an amendment to the California Constitution to allow a city, 8/17/15 Assembly Support (Frazier) county or special district to impose, extend or increase a sales and use or a transactions and use tax Appropriations Local Transportation for the purpose of providing funding for local transportation projects, if approved by a 55 percent Committee: Special Taxes majority vote. Defines “local transportation project” to mean the planning, design, development, Held in financing, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, Committee 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.
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State Assembly Subject Last Status VTA Bills Amended Position ACA 11 Calls for placing before the voters an amendment to the California Constitution to authorize the 5/27/16 Senate Energy, (Gatto) Legislature to reallocate and reassign all or a portion of the functions of the California Public Utilities & Public Utility Reform Utilities Commission (CPUC) to other state agencies, departments, boards, or others entities that it Communications Act of 2016 may create. Requires the Legislature’s reallocation or reassignment of the CPUC’s functions to be Committee: done to further consumer protection, public health, environmental protection, increased Held in transparency, public access, and the preservation of the ability of third parties to advocate for and Committee 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 ABX1-1 Retains the revenues generated by vehicle weight fees in the State Highway Account, and requires As Assembly Desk Support (Alejo) the General Fund to pay debt service on transportation general obligation bonds. With regard to the Introduced Transportation revenues derived from increases in the state gasoline excise tax resulting from the transportation Funding 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. ABX1-2 Extends existing statutory authority for Caltrans and regional transportation agencies, including the As Assembly Desk Support (Perea) Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for Introduced Public-Private transportation infrastructure projects indefinitely. Partnerships ABX1-3 Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of 9/3/15 Conference (Frazier) transportation funding to maintain and repair highways, local roads, bridges, and other critical Committee Transportation transportation infrastructure. Funding: State Highways and Local Roadways
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-4 Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of As Senate Rules (Frazier) transportation funding to improve the state’s key trade corridors, and support efforts by local Introduced Committee Transportation governments to repair and improve local transportation infrastructure. Funding: Trade Corridors and Local Transportation Infrastructure ABX1-6 Requires 20 percent of the cap-and-trade auction proceeds provided to the Affordable Housing and As Assembly Desk (R. Hernandez) Sustainable Communities Program to be allocated to rural areas. Requires half of these funds to be Introduced Cap-and-Trade: allocated to eligible affordable housing projects. Requires the Strategic Growth Council to amend Affordable Housing its guidelines for the Affordable Housing and Sustainable Communities Program to be consistent and Sustainable with the provisions of this bill. Communities Program ABX1-7 Increases the amount of cap-and-trade auction proceeds continuously appropriated from the As Assembly Desk Support (Nazarian) Greenhouse Gas Reduction Fund to the Low Carbon Transit Operations Program from 5 percent to Introduced Cap-and-Trade: 10 percent, and to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent. Public Transit Funding ABX1-8 Increases the sales and use tax rate on diesel fuel by 3.5 percent. Dedicates the revenues derived As Assembly Desk Support (Chiu) from this increase to the State Transit Assistance Program (STA). Introduced Diesel Sales Tax ABX1-9 By September 30, 2015, requires Caltrans to implement an operational improvement project that As Assembly Desk (Levine) does the following: (1) temporarily restores to automobile traffic the third eastbound lane on I-580 Introduced Richmond-San Rafael that existed prior to 1977 and that was temporarily restored immediately following the Loma Prieta Bridge 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. ABX1-10 Prohibits a state entity in a mega-infrastructure project contract from providing for the payment of As Assembly Desk (Levine) extra compensation to the contractor until the project has been completed, and an independent third Introduced Public Works party has verified that the project meets all architectural or engineering plans and safety Contracts: Mega- specifications of the contract. Applies to contracts entered into or amended on or after the effective Infrastructure Projects 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.
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-12 Authorizes the Los Angeles County Metropolitan Transportation Authority (LA Metro) to enter As Assembly Desk (Nazarian) into agreements with private entities for transportation projects in Los Angeles County, including Introduced LA Metro: Public- on the state highway system, subject to various terms and requirements. Allow LA Metro to Private Partnerships 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. ABX1-13 For FY 2016, reduces the amount of cap-and-trade auction proceeds deposited into the Greenhouse As Assembly Desk (Grove) Gas Reduction Fund that are continuously appropriated to the Affordable Housing and Sustainable Introduced Cap-and-Trade: State Communities Program from 20 percent to 10 percent. Beginning in FY 2017, continuously Highways and Local appropriates 50 percent of the cap-and-trade auction proceeds deposited into the Greenhouse Gas Streets/Roads Reduction Fund to the State Highway Operation and Protection Program (SHOPP), and 50 percent to cities and counties for local streets/roads. ABX1-14 Continuously appropriates $1 billion from the General Fund to be distributed as follows: (1) 50 As Assembly Desk (Waldron) percent to the State Highway Operation and Protection Program (SHOPP); and (2) 50 percent to Introduced General Fund cities and counties for local streets/roads. Appropriations: State Highways and Local Streets/Roads ABX1-15 Reduces the FY 2016 appropriation to Caltrans for capital outlay support by $500 million and, As Assembly Desk (Patterson) instead, distributes this money as follows: (1) 50 percent to the State Highway Operation and Introduced Caltrans: Capital Protection Program (SHOPP); and (2) 50 percent to cities and counties for local streets/roads. Outlay Support
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-16 Establishes a five-year pilot program under which two counties, one in Northern California and one As Assembly Desk (Patterson) in Southern California, would be selected to operate, maintain and make improvements to all state Introduced Pilot Program: highways within their respective jurisdictions. For the duration of the pilot program, requires Transferring State Caltrans to convey all of its authority and responsibility over state highways in a participating Highways to Local county to the applicable county or regional transportation agency. Requires the pilot program to Agencies 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. ABX1-17 Beginning in FY 2017, continuously appropriates 25 percent of the cap-and-trade auction proceeds As Assembly Desk (Achadjian) deposited into the Greenhouse Gas Reduction Fund to the State Highway Operation and Protection Introduced Cap-and-Trade: State Program (SHOPP). Highway Operation and Protection Program ABX1-18 Beginning January 1, 2016, prohibits vehicle weight fee revenues from being used to pay debt As Assembly Desk Support (Linder) service on transportation-related, general obligation bonds. Introduced Vehicle Weight Fee Revenues ABX1-19 Excludes the California Transportation Commission (CTC) from the California State As Assembly Desk (Linder) Transportation Agency (CalSTA), and establishes it as a separate and independent entity in state Introduced California government. Transportation Commission ABX1-20 Requires the Department of Human Resources to eliminate 25 percent of the vacation positions in As Assembly Desk (Gaines) state government that are funded by the General Fund. Continuously appropriates $685 million Introduced State Government: from the General Fund, with 50 percent to be made available to Caltrans for maintenance of the Elimination of Vacant state highway system or for projects funded under the State Highway Operation and Protection Positions Program (SHOPP), and 50 percent to be made available to cities and counties for local streets/roads.
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-21 Prohibits a court in a judicial action or proceeding under the California Environmental Quality Act As Assembly Desk (Obernolte) (CEQA) from staying or enjoining a project related to constructing or improving a highway unless Introduced Environmental the court finds either of the following: (1) the project presents an imminent threat to the public Quality: Highway health and safety; or (2) the project site contains unforeseen important Native American artifacts, Projects 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. ABX1-22 Authorizes Caltrans to utilize design-build contracting for an unlimited number of state highway As Assembly Desk (Patterson) projects, and requires the department to contract with consultants to perform construction Introduced Design-Build inspection services related to those projects. For design-build contracts for state highway projects Contracting: Highway administered by regional transportation agencies, including the Santa Clara Valley Transportation Projects Agency (VTA), eliminates the requirement in existing law that Caltrans perform construction inspection services related to those projects. ABX1-23 By January 1, 2017, requires the California Transportation Commission (CTC) to establish a As Assembly Desk (E. Garcia) process whereby Caltrans and local agencies receiving funding for highway capital improvement Introduced Transportation projects from the State Highway Operation and Protection Program (SHOPP), or from the State Projects: Transportation Improvement Program (STIP) prioritize projects that provide meaningful benefits to Disadvantaged the mobility and safety needs of disadvantaged community residents, as identified by the Communities 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.
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-24 Effective January 1, 2017, redesignates the Metropolitan Transportation Commission (MTC) as the As Assembly Desk (Levine) Bay Area Transportation Commission. Requires commissioners to be elected by districts Introduced Bay Area comprised of approximately 750,000 residents, based on the 2010 Census. Declares the intent of Transportation the Legislature that the district boundaries should be drawn by a citizen’s redistricting commission. 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.
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State Assembly Subject Last Status VTA Bills Amended Position ABX1-26 Creates the Road Maintenance and Rehabilitation Account to be funded from the following 8/30/16 Assembly Support (Frazier) sources: (1) an increase in the gasoline excise tax of 17 cents per gallon, which would be indexed Transportation Transportation to inflation every three years; (2) a registration surcharge of $38 per year imposed on all motor & Infrastructure Funding vehicles, which would be indexed to inflation every three years; (3) a registration surcharge of Development $165 per year imposed on zero-emission vehicles starting with the second year of ownership, which Committee would be indexed to inflation every three years; and (4) 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. Distributes the revenues deposited into the Road Maintenance and Rehabilitation Account in the following manner: (1) $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 improvement;. (b) $80 million per year would be taken off the top and distributed to the Active Transportation Program; (c) for FY 2018 through FY 2021, $30 million per year 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; (4) $2 million per year would be taken off the top and distributed to the California State University to conduct transportation research, and transportation-related workforce education, training and development; and (5) of the amount remaining 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), and 50 percent would be provided to cities and counties for their local roadway systems. Provides new funding for public transit through the following sources: (1) an increase in the diesel sales tax by a rate of 3.5 percent for the State Transit Assistance Program (STA); (2) 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 (3) 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. Increases the diesel excise tax by 30 cents per gallon, which would be indexed to inflation every three years, and deposits these revenues into the Trade Corridors Improvement Fund for goods movement projects programmed by the California Transportation Commission (CTC) according to the process in current law. Converts the variable gas tax to a fixed rate of 17.3 cents per gallon, which would be indexed to inflation every three years. Requires 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 ending June 30, 2018. Distributes these one-time revenues in the following manner: (1) 50 percent to Caltrans for maintenance of the state highway system, and for SHOPP projects; and (2) 50 percent to cities and counties for their local roadway systems. Gradually recaptures $1 billion in annual vehicle weight fee revenues for the State Highway Account over a five-year period ending June 30, 2022. Requires gasoline excise tax revenues derived from boats, agricultural vehicles and off-road vehicles to be deposited into HUTA and distributed as follows: (1) 44 percent to the State Transportation Improvement Program (STIP); (2) 44 percent to cities and counties for their local roadway systems; and (3) 12 percent to the SHOPP. Indexes the existing 18-cent gasoline and 13-cent diesel excise taxes to inflation every three years. 2015-2016 Legislative Update Matrix Page 41 of 60
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State3B Senate Bills
State Senate Bills Subject Last Status VTA Amended Position SB 20 Creates the Low Carbon Fuels Council to consist of six members as follows: (1) the chair of the 8/15/16 Assembly Floor: (Pavley) California Air Resources Board (CARB) or designee; (2) the chair of the State Energy Resources Held on the Floor Low Carbon Fuels Conservation and Development Commission or designee; (3) the director of the Governor’s Office of Council 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. SB 32 In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective 8/19/16 Signed into Law: (Pavley) greenhouse gas emissions reductions authorized under the Global Warming Solutions Act, requires the Chapter #249 2030 Greenhouse California Air Resources Board (CARB) to ensure that statewide greenhouse gas emissions are reduced Gas Emissions Limit to at least 40 percent below the 1990 level no later than December 31, 2030. SB 39 Increases the number of green stickers that can be issued by the Department of Motor Vehicles (DMV) 4/8/15 Assembly (Pavley) to allow certain low-emission and fuel-efficient vehicles to use high-occupancy vehicle (HOV) lanes Transportation HOV Lanes: Low- regardless of the number of occupants from 70,000 to 85,000. Committee: Held Emission and Fuel- in Committee Efficient Vehicles SB 122 At the request of a project applicant, requires the lead agency for California Environmental Quality Act 8/15/16 Signed into Law: (Jackson) (CEQA) purposes to prepare a record of proceedings concurrently with the preparation of a negative Chapter #476 CEQA: Record of declaration, mitigated negative declaration, environmental impact report (EIR), or other environmental Proceedings 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 189 Creates the Clean Energy and Low-Carbon Economic and Jobs Growth Blue Ribbon Committee within 8/17/15 Assembly (Hueso) the California Environmental Protection Agency (CalEPA) to be comprised of seven members Appropriations Clean Energy and appointed by the Governor, the Speaker of the Assembly and the Senate Rules Committee. Requires Committee: Held Low-Carbon the committee to consist solely of persons with expertise in economic, financial or policy aspects of in Committee Economic and Jobs clean energy, economic growth, job creation, workforce standards, or employment opportunities for Growth Blue Ribbon disadvantaged workers. Requires the committee to advise state agencies on the most effective ways to: Committee (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. SB 207 Requires any state agency expending cap-and-trade auction proceeds from the Greenhouse Gas 3/24/15 Assembly Natural (Wieckowski) Reduction Fund to post on its Internet Website a record describing each expenditure and how that Resources Greenhouse Gas expenditure would reduce greenhouse gas emissions. Committee: Held Reduction Fund: in Committee State Agency Reporting SB 321 In calculating adjustments to the variable gas tax rate to be made for FY 2017 and each fiscal year 8/18/15 Senate Floor: Support (Beall) thereafter in order to ensure that the same amount of revenue is generated as by the former state sales Concurrence: Variable Gas Tax tax on gasoline pursuant to the 2010-2011 transportation funding swap, requires the Board of Held on the Floor Rate 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 344 Beginning January 1, 2018, requires a person, in addition to a written and driving test, to successfully 6/23/15 Assembly (Monning) complete a course of instruction from either a commercial driver training institution or a program Appropriations Commercial Driver’s offered by an employer that has been certified by the Department of Motor Vehicles (DMV) before he Committee: Held License: Education or she is issued an original commercial driver’s license. Provides an exemption to this course of in Committee 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. SB 398 Establishes the Green Assistance Program to be administered by the California Environmental 6/2/15 Assembly (Leyva) Protection Agency (CalEPA). Requires the Green Assistance Program to provide technical assistance Appropriations Green Assistance to small businesses, small non-profit organizations and disadvantaged communities in applying for an Committee: Held Program allocation of cap-and-trade auction proceeds from the Greenhouse Gas Reduction Fund. Specifies that in Committee 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. SB 400 Requires not less than 25 percent of the cap-and-trade auction proceeds continuously appropriated to 6/1/15 Assembly (Lara) the California High-Speed Rail Authority from the Greenhouse Gas Reduction Fund to be allocated for Appropriations Cap-and-Trade: projects that either reduce or offset greenhouse gas emissions directly associated with the construction Committee: Held High-Speed Rail of the high-speed rail project and provide a co-benefit of improving air quality. Requires priority to be in Committee given to measures and projects in communities that are located in areas designated as extreme non- attainment. 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. SB 433 For FY 2017 through FY 2021, requires the Department of Finance, rather than the Board of 5/7/15 Assembly (Berryhill) Equalization, to calculate any adjustments to the variable gas tax rate that would be needed to ensure Revenue & Variable Gas Tax that the same amount of revenue is generated as by the former state sales tax on gasoline pursuant to the Taxation Rate: Department of 2010 transportation funding swap. Similarly, for FY 2017 through FY 2021, requires the Department Committee: Held Finance of Finance, rather than the Board of Equalization, to adjust the diesel excise tax rate to maintain in Committee 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. 2015-2016 Legislative Update Matrix Page 44 of 60
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State Senate Bills Subject Last Status VTA Amended Position SB 441 Exempts from disclosure under the California Public Records Act any identification number, 6/22/16 Signed into Law: (Wolk) alphanumeric character or other unique identifying code used by a public agency to identify a vendor or Chapter #477 Public Disclosure: contractor, unless it is used in a public bidding or an audit involving the public agency. Vendor or Contractor Identification Numbers SB 773 Until January 1, 2021, requests the University of California to conduct a study on motor vehicle 6/15/16 Signed into Law: (Allen) registration fraud and failure to register a motor vehicle. If conducted, requires the study to include all Chapter #776 Vehicle Registration of the following: (1) quantification of the magnitude of the problem; (2) the strategies being used by Fraud Study 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 824 Makes a number of changes to the Low Carbon Transit Operations Program (LCTOP) to enhance 8/18/16 Signed into Law: Support (Beall) flexibility in the use of the funds by public transit agencies. Clarifies that a recipient transit agency may Chapter #479 Low Carbon Transit use its LCTOP formula share to purchase zero-emission buses, including electric buses, and to install Operations Program the necessary equipment and infrastructure to operate and support these 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 838 Provides that after the amounts required under current law have been repaid using either tribal gaming 6/10/16 Signed into Law: (Budget & Fiscal or Budget Stabilization Account revenues to various transportation accounts for prior loans made to the Chapter #339 Review Committee) General Fund, or in any year during which any portion of the outstanding loans are repaid from the Transportation Budget Stabilization Account in an amount that is greater than or equal to the amount of tribal gaming Budget Trailer Bill 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. SB 859 Contains the necessary statutory changes for implementing the cap-and-trade expenditure plan 8/31/16 Signed into Law: (Budget & Fiscal contained in AB 1613. Among other things, requires the California Air Resources Board (CARB), Chapter #368 Review Committee) effective November 1, 2016, to limit eligibility for rebate payments under the Clean Vehicle Rebate Cap-and-Trade Project to those individuals whose gross annual income, as reported for tax purposes, does not exceed Expenditure Plan the following: (1) $150,000 for single filers; (2) $204,000 for head-of-household filers; or (3) Trailer Bill $300,000 for joint filers. Specifies that these income caps do not apply for rebates for the purchase of fuel-cell electric vehicles. Limits rebates offered for the purchase of plug-in hybrid electric vehicles to those that have an electric-only range of more than 20 miles. For a low-income applicant, increases the rebate payment by $500 for all eligible vehicle types. Requires CARB to prioritize rebate payments for low-income applicants. For purposes of the Clean Vehicle Rebate Project, defines “low income” to mean a resident of California whose household income is less than or equal to 300 percent of the federal poverty level. Specifies that these provisions shall be in effect only for FY 2017 and shall become inoperative on July 1, 2017.
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State Senate Bills Subject Last Status VTA Amended Position SB 876 Provides that persons experiencing homelessness shall be permitted to use public space at any time that 3/28/16 Senate (Liu) the space is open to the public without discrimination based on their housing status, and without being Transportation & Homelessness: Use subject to criminal, civil or administrative penalties. Allows persons experiencing homelessness to use Housing of Public Spaces public space for all of the following: (1) free movement without restraint; (2) sleeping or resting, and Committee: Held protecting oneself from the elements while sleeping or resting, in a non-obstructive manner; (3) eating, in Committee 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. SB 882 Prohibits a public transit agency from charging a minor with an infraction or misdemeanor for acts of 5/31/16 Signed into Law: (Hertzberg) fare evasion. Specifies that nothing in the bill shall limit the ability of a public transit agency to assess Chapter #167 Fare Evasion: a minor an administrative penalty for acts of fare evasion, not to exceed $250 upon a first or second Minors violation and not to exceed $400 upon a third or subsequent violation. SB 885 Commencing with all contracts, and amendments thereto, entered into on or after January 1, 2017, 6/16/16 Assembly (Wolk) provides that a design professional shall only have the duty to defend himself or herself from claims Judiciary Design Professional that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the design Committee: Held Contracts: professional. Specifies that all provisions, clauses, covenants, and agreements contained in, collateral in Committee Indemnity 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. SB 901 Requires Caltrans to establish an Advanced Mitigation Program to accelerate project delivery and As Senate (Bates) improve the outcomes of environmental mitigation for transportation infrastructure projects. Allows Introduced Transportation & Advanced Mitigation the program to utilize mitigation instruments, including mitigation banks and conservation easements. Housing Program Allows Caltrans to use advanced mitigation credits to fulfill mitigation requirements of any Committee: Held environmental law for a transportation project eligible for the State Transportation Improvement in Committee 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 902 Extends indefinitely the statutory authorization for Caltrans to participate in a federal program that As Senate (Cannella) allows states to assume the responsibilities of the Federal Highway Administration (FHWA) under the Introduced Transportation & Federal National Environmental Policy Act (NEPA). In addition, extends indefinitely provisions in existing Housing Environmental law that authorize Caltrans to consent to the jurisdiction of the federal court’s with regard to the Committee: Held Review Process assumption of FHWA’s responsibilities under NEPA and that waive the state’s Eleventh Amendment in Committee protection against NEPA-related lawsuits brought in federal court for as long as Caltrans participates in the program. SB 903 Acknowledges that as of June 30, 2015, there is $879 million in loans of certain transportation revenues As Senate (Nguyen) still outstanding, and requires this amount to be repaid by the General Fund from the Budget Introduced Transportation & Transportation Stabilization Account no later than June 30, 2016. Requires the loan repayments to be distributed as Housing Loans follows: (1) $148 million to be allocated by the California Transportation Commission (CTC) to fund Committee: Held construction and associated support costs for projects that are programmed in the Traffic Congestion in Committee 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). SB 940 Prior to selling property, requires the California High-Speed Rail Authority to send notification by 4/12/16 Signed into Law: (Vidak) certified mail to the last known owner advising him or her that the property will be offered for sale. Chapter #169 High-Speed Rail: Provides that the High-Speed Rail Authority shall not sell the property until at least 30 days after the Selling of Property notification has been sent. SB 951 Creates the Golden State Patriot Passes Program as a pilot program to provide veterans with free access 4/26/16 Senate (McGuire) to public transit services. Requires Caltrans to administer the program. By January 1, 2018, requires Appropriations Golden State Patriot Caltrans to select three transit operator applicants to receive funding under the pilot program. If there Committee: Held Passes Program are sufficient applicants, requires Caltrans to do all of the following: (1) not select a transit operator in Committee 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. SB 998 Prohibits a person from operating, parking, stopping, or leaving standing a motor vehicle in a highway 8/11/16 Signed into Law: Co- (Wieckowski) or roadway lane that has been designated for the exclusive use of public transit buses. Chapter #716 Sponsor Bus-Only Lanes: Motorist Violations
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State Senate Bills Subject Last Status VTA Amended Position SB 1001 Provides that it is unlawful for an employer, in verifying the immigration status or work authorization 8/18/16 Signed into Law: (Mitchell) of an employee, to do any of the following: (1) request more or different documents than are required Chapter #782 Employment: Unfair under federal law; (2) refuse to honor documents tendered that on their face reasonable appear to be Immigration-Related genuine; (3) refuse to honor documents or a work authorization based on the specific status or term of Practices status that accompanies the authorization to work; or (4) attempt to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice. SB 1029 Requires the report of proposed debt issuance submitted by state and local government debt issuers to 8/15/16 Signed into Law: (Hertzberg) the California Debt and Investment Advisory Commission pursuant to current law to include a Chapter #307 California Debt and certification by the issuer that it has adopted local debt policies concerning the use of debt and that the Investment Advisory contemplated debt issuance is consistent with those policies. Requires a local debt policy to include all Commission: of the following: (1) the purposes for which the debt proceeds may be used; (2) the types of debt that Accountability may be issued; (3) the relationship of the debt to the issuer’s capital improvement program or budget, if Reports applicable; (4) policy goals related to the issuer’s planning goals and objectives; and (5) the internal control procedures that the issuer has implemented to ensure that the proceeds of the proposed debt issuance will be directed to the intended use. Beginning January 21, 2017, requires any state or local government debt issuer to provide an annual report to the California Debt and Investment Advisory Commission for any issue of debt for which the issuer has submitted a report of final sale pursuant to current law. Requires this annual report to cover a period from July 1 to June 30, and to include all of the following information: (1) debt authorized during the reporting period; (2) debt outstanding during the reporting period; and (3) the use of proceeds of issued debt during the reporting period. SB 1051 Until January 1, 2022, authorizes the Alameda-Contra Costa Transit District (AC Transit) to install 8/4/16 Signed into Law: (Hancock) automated forward-facing cameras on its public transit vehicles for the purpose of video imaging of Chapter #427 AC Transit: parking violations occurring in transit-only traffic lanes. Automated Enforcement of Parking Violations in Bus-Only Lanes SB 1063 Prohibits an employer from paying any of its employees at wage rates less than the rates paid to 8/19/16 Signed into Law: (Hall) employees of another race or ethnicity for substantially similar work, except where the employer can Chapter #866 Wage Differential: demonstrate: (1) the wage differential is based on one or more of the following factors: a seniority Race or Ethnicity 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. SB 1066 Requires the fund estimate for the State Transportation Improvement Program (STIP) prepared by 6/29/16 Assembly (Beall) Caltrans and the California Transportation Commission (CTC) to identify and include federal funds Appropriations FAST Act derived from apportionments made to the state under the Fixing America’s Surface Transportation Committee: Held (FAST) Act. Conforms state law related to driving under the influence of alcohol to federal law in in Committee order to allow California to be eligible to receive certain federal grant funding under the FAST Act.
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State Senate Bills Subject Last Status VTA Amended Position SB 1128 Eliminates the January 1, 2017, sunset date, and indefinitely extends provisions in current law that As Signed into Law: Support (Glazer) authorize the Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Introduced Chapter #483 Bay Area Regional Transportation Commission (MTC) to jointly adopt a regional commute benefit ordinance requiring Commute Benefit certain employers to offer their employees one of three specified commute benefits. Deletes bicycle Ordinance 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. SB 1141 Establishes a five-year pilot program under which two counties, one in Northern California and one in 4/5/16 Senate (Moorlach) Southern California, may be selected to operate, maintain and make improvements to all state highways Transportation & Pilot Program: within their respective jurisdictions. For the duration of the pilot program, requires Caltrans to convey Housing Transferring State all of its authority and responsibility over state highways in a participating county to the applicable Committee: Held Highways to Local county or regional transportation agency that has jurisdiction in the county. Requires the California in Committee Agencies 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. SB 1197 At any time after an interagency transfer agreement for an intercity rail corridor between Caltrans and a As Senate (Cannella) joint powers board has been executed, allows the agreement to be amended to extend the affected rail Introduced Transportation & Intercity Rail corridor to provide intercity rail service beyond the defined boundaries of the corridor. Requires a Housing Corridors: proposed extension to be recommended and justified in the business plan for the intercity rail corridor Committee: Held Extensions by the joint powers board, and to be approved by the California State Transportation Agency (CalSTA). in Committee
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State Senate Bills Subject Last Status VTA Amended Position SB 1216 Requires revenues apportioned to California from the National Highway Freight Program established 8/19/16 Assembly Rules (Hueso) by the federal Fixing America’s Surface Transportation (FAST) Act to be allocated by the California Committee: Held Trade Corridors Transportation Commission (CTC) for projects pursuant to the process and guidelines that were used in Committee Improvement Fund: for the Proposition 1B Trade Corridors Improvement Fund. Expands the list of eligible projects under Federal Dollars the Trade Corridors Improvement Fund to include rail landside access improvements, landside freight access improvements to airports, and truck corridor and border capital and operational improvements. SB 1259 Exempts vehicles registered to a veteran and displaying a specialized veterans license plate from the 4/21/16 Assembly (Runner) payment of tolls or other charges on a toll road, high-occupancy toll (HOT) lane, toll bridge, toll Veterans Affairs Toll Facilities: highway, vehicular crossing, or any other toll facility. Committee: Held Veterans in Committee SB 1279 To the extent consistent with federal law, prohibits the California Transportation Commission (CTC) 8/4/16 Signed into Law: (Hancock) from programming or allocating any state funds under its jurisdiction, including proceeds from the sale Chapter #215 Bulk Coal Terminal of general obligation bonds, for any new bulk coal terminal project proposed on or after January 1, Projects 2017. Requires the CTC to evaluate each new terminal project pending before the commission to determine whether the purpose or intent of the project is to increase the state’s overall capacity to facilitate the transportation of coal in bulk. Requires the lead agency for a terminal project subject to the provisions of this bill to annually notify the CTC that the project is not being used to handle, store or transport coal in bulk. SB 1320 Excludes the California Transportation Commission (CTC) from the California State Transportation As Senate (Runner) Agency (CalSTA) and, instead, establishes the commission as a separate entity in state government to Introduced Transportation & California act in an independent oversight role. Requires Caltrans to submit its proposed program of projects for Housing Transportation the State Highway Operation and Protection Program (SHOPP) to the CTC. Requires Caltrans to Committee: Held Commission and program capital outlay support resources for each project included in the SHOPP. Requires Caltrans to in Committee SHOPP Projects 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.
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State Senate Bills Subject Last Status VTA Amended Position SB 1383 By January 1, 2018, requires the California Air Resources Board (CARB) to approve and begin 8/31/16 Signed into Law: (Lara) implementing a comprehensive short-lived climate pollutants strategy to achieve a reduction in methane Chapter #395 Short-Lived Climate by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent Pollutants 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; and the potential for new innovations in technology, energy and resource management practices. Establishes the following targets for reducing the landfill disposal of organics: (1) a 50 percent reduction in the amount of the statewide disposal of organic waste from the 2014 level by 2020; and (2) a 75 percent reduction in the amount of the statewide disposal of organic waste from the 2014 level by 2025. Requires the Department of Resources Recycling and Recovery, in consultation with CARB, to adopt regulations to achieve these targets. Requires the State Energy Resources Conservation and Development Commission to develop recommendations to increase the sustainable production and use of renewable gas, including biomethane and biogas. SB 1397 Authorizes Caltrans, subject to federal approval, to enter into an agreement pursuant to a best value 5/31/16 Senate Floor: (Huff) competitive procurement process with a contractor to construct, upgrade, reconstruct, and operate a Held on the Floor Highway network of changeable message signs within the rights-of-way of the state highway system. Requires Changeable Message the contractor, subject to certain standards established by Caltrans, to contract and receive funds for the Signs: Advertising 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. SB 1402 Establishes the California Low-Carbon Fuels Incentive Program to be administered by the California 3/28/16 Senate (Pavley) Air Resources Board (CARB), in conjunction with the State Energy Resources Conservation and Appropriations California Low- Development Commission. Authorizes cap-and-trade auction proceeds deposited into the Greenhouse Committee: Held Carbon Fuels Gas Reduction Fund to be appropriated for the program. Requires the program to provide incentives in Committee Incentive Program 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. SB 1405 Requires the California Air Resources Board (CARB) to conduct a study to determine the feasibility 4/13/16 Senate (Pavley) and efficacy of providing grants to public transit agencies to subsidize cost-effective rides serving Appropriations Zero-Emission disadvantaged communities through the use of zero-emission vehicles that are utilized by rental car, Committee: Held Vehicles transportation network, taxicab, or car-sharing companies in a manner that complements the service in Committee provided by the public transit agency.
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State Senate Bills Subject Last Status VTA Amended Position SB 1436 Prior to taking final action on a recommendation related to a local agency executive’s salary, salary 4/6/16 Signed into Law: (Bates) schedule or compensation paid in the form of fringe benefits, requires the legislative body of the agency Chapter #175 Local Agency to orally report a summary of the recommendation during the open meeting in which the final action is Executive to be taken. Compensation SB 1464 In identifying priority programmatic investments, requires the three-year investment plan prepared by 4/11/16 Signed into Law: (De Leon) the Department of Finance for the expenditure of cap-and-trade auction proceeds deposited into the Chapter #679 Greenhouse Gas Greenhouse Gas Reduction Fund to do both of the following: (1) assess how proposed investments Emissions Reduction interact with current state regulations, policies and programs; and (2) evaluate if and how those Programs: proposed investments could be incorporated into existing programs. Requires the investment plan to Consultation recommend metrics that would measure progress and benefits from the proposed programmatic investments. SCA 7 Calls for placing before the voters an amendment to the California Constitution to prohibit the 5/28/15 Senate (Huff) Legislature from borrowing revenues derived from fees and taxes imposed by the state on motor Transportation & Motor Vehicle Fees vehicles or their use or operations, and from using these revenues other than for state highways, local Housing and Taxes: streets and roads, and fixed guideway mass transit as specified in Article 19 of the Constitution. Also Committee: Held Restrictions on prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, in Committee Expenditures 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.
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SJR 24 Urges Congress and the President to do the following: (1) fully fund the Transportation Investment As Passed by the (Beall) Generating Economic Recovery (TIGER) Program at a level of $525 million in FY 2017 to provide Introduced Legislature: Federal additional critical transportation investment in California and elsewhere; and (2) to work together to Chapter #188 Transportation finally find a long-term, sustainable funding solution to restore the lost purchasing power of the federal Funding 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.
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SBX1-1 Creates the Road Maintenance and Rehabilitation Account to be funded from the following sources: 8/29/16 Senate Support (Beall) (1) an increase in the gasoline excise tax of 17 cents per gallon, which would be indexed to inflation Appropriations Transportation every three years; (2) a registration surcharge of $38 per year imposed on all motor vehicles, which Committee Funding would be indexed to inflation every three years; (3) a registration surcharge of $165 per year imposed on zero-emission vehicles starting with the second year of ownership, which would be indexed to inflation every three years; and (4) 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. Distributes the revenues deposited into the Road Maintenance and Rehabilitation Account in the following manner: (1) $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 improvement;. (b) $80 million per year would be taken off the top and distributed to the Active Transportation Program; (c) for FY 2018 through FY 2021, $30 million per year 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; (4) $2 million per year would be taken off the top and distributed to the California State University to conduct transportation research, and transportation-related workforce education, training and development; and (5) of the amount remaining 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), and 50 percent would be provided to cities and counties for their local roadway systems. Provides new funding for public transit through the following sources: (1) an increase in the diesel sales tax by a rate of 3.5 percent for the State Transit Assistance Program (STA); (2) 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 (3) 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. Increases the diesel excise tax by 30 cents per gallon, which would be indexed to inflation every three years, and deposits these revenues into the Trade Corridors Improvement Fund for goods movement projects programmed by the California Transportation Commission (CTC) according to the process in current law. Requires revenues apportioned to California from the formula-based National Highway Freight Program to be deposited into the Trade Corridors Improvement Fund and programmed by the CTC in the same manner. Converts the variable gas tax to a fixed rate of 17.3 cents per gallon, which would be indexed to inflation every three years. Requires 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 ending June 30, 2018. Distributes these one-time revenues in the following manner: (1) 50 percent to Caltrans for maintenance of the state highway system, and for SHOPP projects; and (2) 50 percent to cities and counties for their local roadway systems. Gradually recaptures $1 billion in annual vehicle weight fee revenues for the State Highway Account over a five-year period ending June 30, 2022. Requires gasoline excise tax revenues derived from boats, agricultural vehicles and off-road vehicles to be deposited into HUTA and distributed as follows: (1) 44 percent to the State Transportation Improvement Program (STIP); (2) 44 percent to cities and counties for their local roadway systems; and (3) 12 percent to the SHOPP. Indexes the existing 18-cent gasoline and 13-cent diesel excise taxes to inflation every three years. Allocates any efficiency savings achieved by Caltrans, up to $70 million per year, to the Active Transportation Program.
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SBX1-2 Requires the Legislature to appropriate cap-and-trade auction proceeds generated from the As Senate (Huff) transportation fuels sector for transportation infrastructure, including public streets and highways, but Introduced Transportation & Cap-and-Trade: excluding high-speed rail. Infrastructure State Highways and Development Local Roadways Committee SBX1-3 Specifies that no further bonds shall be sold for high-speed rail purposes pursuant to the Safe, Reliable 8/17/15 Senate (Vidak) High-Speed Passenger Train Bond Act for the 21st Century (Proposition 1A), except as specifically Transportation & High-Speed Rail: provided with respect to an existing appropriation for early improvement projects related to the Phase I Infrastructure Bond Funding blended system. Upon appropriation by the Legislature, requires the unspent proceeds received from Development outstanding bonds issued and sold for high-speed rail purposes prior to the effective date of the Committee 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. SBX1-4 Declares the intent of the Legislature to enact statutory changes to establish permanent, sustainable 9/4/15 Conference (Beall) sources of transportation funding to maintain and repair the state’s highways, local roads, bridges, and Committee Transportation other critical transportation infrastructure. Funding: State Highways and Local Roadways SBX1-5 Declares the intent of the Legislature to enact a bill to establish permanent, sustainable sources of As Assembly Desk (Beall) transportation funding to improve the state’s key trade corridors, and support efforts by local Introduced Transportation governments to repair and improve local transportation infrastructure. Funding: Trade Corridors and Local Transportation Infrastructure SBX1-6 Prohibits the use of cap-and-trade auction proceeds for the state’s high-speed rail project. Requires 65 As Senate (Runner) percent of the cap-and-trade auction proceeds deposited into the Greenhouse Gas Reduction Fund to be Introduced Transportation & Cap-and-Trade: distributed to the California Transportation Commission (CTC) for allocation to high-priority Infrastructure High-Speed Rail transportation projects, as determined by the commission. Requires the CTC to allocate these funds as Development follows: (1) 40 percent to state highway projects; (2) 40 percent to local street/road projects, equally Committee divided between cities and counties; and (3) 20 percent to public transit projects.
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SBX1-7 Increases the sales and use tax rate on diesel fuel by 3.5 percent. Dedicates the revenues derived from 9/3/15 Senate Support (Allen) this increase to the State Transit Assistance Program (STA). Restricts the expenditure of these Appropriations Diesel Sales Tax revenues to transit capital projects, or services to maintain or repair a public transit agency’s existing Committee 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. SBX1-8 Increases the amount of cap-and-trade auction proceeds continuously appropriated from the Greenhouse As Senate Support (Hill) Gas Reduction Fund to the Low Carbon Transit Operations Program from 5 percent to 10 percent, and Introduced Appropriations Cap-and-Trade: to the Transit and Intercity Rail Capital Program from 10 percent to 20 percent. Committee Public Transit Funding SBX1-9 Prohibits Caltrans from using any non-recurring funds, including loan repayments, bond funds or grant As Senate (Moorlach) funds, to pay the salaries or benefits of any permanent civil service position within the department. Introduced Transportation & Caltrans: Beginning on July 1, 2016, requires Caltrans to contract with qualified private entities for a minimum Infrastructure Architectural and of 15 percent of the total annual value of architectural and engineering services with respect to public Development Engineering Services works projects undertaken by the department. Increases this percentage each year to a minimum of 50 Committee percent by July 1, 2023. SBX1-10 Revises the process for programming and allocating the 75-percent share of federal and state funds As Senate (Bates) available for regional transportation improvement programs (RTIPs). Requires the California Introduced Transportation & State Transportation Transportation Commission (CTC) to compute the annual county share amounts for each county for Infrastructure Improvement programming and allocation under the RTIPs. Requires these funds, along with an appropriate amount Development Program of capital outlay support dollars, to be appropriated annually through the Budget Act. Upon the Committee 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.
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SBX1-11 Exempts from the California Environmental Quality Act (CEQA) a project that consists of the 9/4/15 Senate (Berryhill) inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of Transportation & CEQA: Exemption existing transportation infrastructure, including highways, roadways, bridges, tunnels, public transit Infrastructure for Certain systems, and paths and sidewalks serving either bicycles or pedestrians, if the project meets all of the Development Transportation following conditions: (1) the project is located within an existing right-of-way; (2) any area Committee Projects 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. SBX1-12 Excludes the California Transportation Commission (CTC) from the California State Transportation 8/20/15 Senate (Runner) Agency (CalSTA) and, instead, establishes the commission as a separate entity in state government to Appropriations California act in an independent oversight role. Requires Caltrans to submit its proposed program of projects for Committee Transportation the State Highway Operation and Protection Program (SHOPP) to the CTC for review by January 31 of Commission 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.
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SBX1-13 Creates the Office of the Transportation Inspector as an independent state government entity to ensure 9/3/15 Senate (Vidak) that Caltrans; the California High-Speed Rail Authority; and all other state agencies expending state Appropriations Office of the transportation funds are operating efficiently, effectively, and in compliance with applicable federal and Committee Transportation state laws. Requires the Governor to appoint a transportation inspector general, subject to confirmation Inspector General 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. SBX1-14 Extends existing statutory authority for Caltrans and regional transportation agencies, including the As Senate Support (Cannella) Santa Clara Valley Transportation Authority (VTA), to utilize public-private partnerships for Introduced Transportation & Public-Private transportation infrastructure projects indefinitely. Infrastructure Partnerships Development Committee SCAX1-1 Calls for placing before the voters an amendment to the California Constitution to prohibit the As Senate (Huff) Legislature from borrowing revenues derived from fees and taxes imposed by the state on motor Introduced Appropriations Motor Vehicle Fees vehicles or their use or operations, and from using these revenues other than for state highways, local Committee and Taxes: streets and roads, and fixed guideway mass transit as specified in Article 19 of the Constitution. Also Restrictions on prohibits these revenues from being pledged or used for the payment of principal and interest on bonds, Expenditures 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.
2015-2016 Legislative Update Matrix Page 60 of 60
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Date: October 14, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Approval of the SV-RIA JPA Restatement and Nomination of Board Members
Policy-Related Action: No Government Code Section 84308 Applies: No
ACTION ITEM
RECOMMENDATION:
1) Approve the Silicon Valley Radio Interoperability Authority (SV-RIA) Joint Powers Agreement (JPA) and authorize the General Manager to execute the JPA and any other documents necessary to assure VTA’s full entry into the Joint Powers Authority; and
2) Appoint VTA’s two members to the SV-RIA’s Board of Directors. BACKGROUND:
VTA currently owns, operates and maintains a land mobile radio (LMR) system to support its transit and public safety communication needs. This “T-Band” radio system is an older, analog system running on the UHF 450 MHz frequency. The “T-Band system is increasingly failing to meet VTA’s operational and technological requirements, including a lack of interoperability with regional public safety agencies. In addition, the Federal Communications Commission (FCC) plans to reclaim the radio 450 MHz frequencies. This mandate requires licensees, to operate more efficiently, either on narrower channel bandwidths or increased voice paths on existing channels. This would require a substantial investment in VTA’s radio infrastructure.
The cost to replace VTA’s entire radio system is estimated to be over $20 million. The current system has no ability to communicate with other public safety agencies or other local radio systems. The current lack of interoperability is a major communications gap during large scale events, as well as a problem in responding to emergencies or natural disasters. VTA is an essential part of disaster response in the county and responds to all major emergencies. As a result, the VTA Board of Directors (VTA Board) approved staff’s recommendation to pursue a more efficient, interoperability, and cost effective alternative through the SV-RIA.
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 13
On June 4, 2015, the VTA Board adopted Resolution 2015.06.19, which requested SV-RIA membership on the terms and conditions set forth in previously approved SV-RIA Board resolutions (Attachment A). These terms and conditions, among other things, conditioned VTA’s membership on: (1) VTA’s entry into a Memorandum of Understanding (MOU) with the SV-RIA committing the SV-RIA to construct the SVRCS and VTA to pay a portion of the costs of such construction; (b) amendment to the JPA to include VTA as a member and create two seats on the SV-RIA Board for VTA representatives (including one for the General Manager and one for an elected official from a City not already represented on the SV-RIA Board); and (c) increasing the size of the SV-RIA Working Committee from 11 to 13 members and authorized VTA’s General Manager to appoint two persons to the Working Committee.
At the same meeting, the VTA Board also authorized a total expenditure of $5,800,000 for its share of the three-year build out of the core infrastructure as well as $3,000,000 for radio hardware, for a total authorization not to exceed $8,800,000. From June 2015 until today, VTA has been a non-voting “associate” member of the SV-RIA. By executing the attached SV-RIA JPA Restatement, VTA will become a full voting member of the SV-RIA and the conditions related to VTA representation on the SV-RIA Board of Directors and Working Committee will be addressed.
DISCUSSION:
VTA's Board of Directors, at its June 4, 2015 meeting, adopted a resolution requesting SV-RIA membership and authorized expenditures of $8.8 Million for radio hardware and core infrastructure. After the VTA’s June 4, 2015 meeting, the SV-RIA Board of Directors reviewed and approved VTA’s request to become a voting member of the SV-RIA, subject to the conditions set forth in VTA Resolution 2015.06.19.
On May 26, 2016, the SV-RIA Board of Directors changed their Bylaws to add VTA as an additional member and approved a restatement of the JPA allowing VTA to have two seats on the SV-RIA Board. In order for this restatement to become effective, it needed to be executed by all members. All current members of the SV-RIA have now approved the revised JPA.
VTA’s General Counsel has reviewed the original and revised SV-RIA JPA.
Staff therefore recommends the following:
1. Approve the JPA restatement, attached hereto as SV-RIA JPA Restatement; and
2. Appoint VTA’s two members to the SV-RIA’s Board of Directors: a) Gary Miskell, VTA Chief Information Officer; and b) an elected official (to be determined).
ALTERNATIVES:
The VTA Board could choose to not approve the staff recommendation and continue acting as a non-voting, “associate” JPA member. This option is not recommended due to the fact that VTA’s interests may not be fully represented on the SV-RIA’s Board of Directors.
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FISCAL IMPACT:
This action has no fiscal impact; at its June 4, 2015 meeting the VTA Board previously authorized a total cost for its share of the three-year build out of the core infrastructure of $5,800,000 as well as $3,000,000 for radio hardware, for a total authorization not to exceed $8,800,000.
Prepared by: Richard Bertalan Memo No. 5782
ATTACHMENTS: JPA Agreement SVRIA CLEAN COPY revised (PDF)
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JOINT POWERS AGREEMENT FOR THE SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY
Restatement ______, 2016 13.a
Membership Agreement
To
THE SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY
For
Santa Clara Valley Transportation Authority
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MEMBERSHIP AGREEMENT
This MEMBERSHIP AGREEMENT ("Membership Agreement") is made and entered into as of ______, 2016 by and between the Silicon Valley Regional Interoperability Authority (“SVRIA”) and Santa Clara Valley Transportation Authority (“VTA”).
RECITALS
WHEREAS, the Existing Members of the Silicon Valley Regional Interoperabilty Authority (“SVRIA”) entered into a Joint Powers Agreement, dated as of November 18, 2009 and as of October __, 2016 ("JPA") unanimously approved a Restated JPA (“Restated JPA”);
WHEREAS, the Santa Clara Valley Transportation Authority (“New Member” or “VTA”) desires to become a Member of the SVRIA and enjoy the benefits of and be subject to the obligations of such membership;
WHEREAS, the New Member and the SVRIA desire to enter into this Membership Agreement to add VTA as a Member to SVRIA and as a signatory to the JPA subject to the terms and conditions set forth in this Membership Agreement and the JPA;
WHEREAS, sections 4.1 and 4.2 of the JPA provide a procedure for the addition of a new Member to SVRIA;
WHEREAS, section 4.1 of the JPA requires the prospective new Member to present an adopted resolution of the New Member’s governing body to the Board of Directors of the SVRIA which includes a request to become a Member of the SVRIA; and
WHEREAS, in accordance with section 4.2 of the JPA, new Member must (a) be approved by a majority affirmative vote of the entire Board of Directors (not including the VTA’s proposed Board of Directors seats), (b) pay any Board determined fees and charges, including a pro-rata share of organization, planning, project, and other costs and charges.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Steps Completed. The New Member has already provided a resolution, adopted by the New Member’s governing body, to the Board of Directors of the SVRIA which includes a request to become a Member of the SVRIA. The New Member’s request for the addition of two new seats to the Board dedicated to the New Member has been
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memorialized in an amendment to the JPA which has been unanimously approved by the current members of the SVRIA.
2. Conditions Precedent. Membership in SVRIA is conditioned upon the occurrence all of the following events:
(a) a vote by a majority of the SVRIA’s current Board of Directors in favor of the new membership;
(b) authorized signatures by all the parties on this Membership Agreement;
(c) the New Member’s payment in full to SVRIA of $13,157.00; and
(d) the New Member’s payment of any amounts due under the Memorandum of Understanding entitled: Memorandum of Understanding between the Silicon Valley Regional Interoperability Authority and the Santa Clara Valley Transportation Authority.
3. Commitment to SVRIA. Upon the occurrence of the all of the foregoing conditions, the New Member hereby absolutely and unconditionally becomes a Member of the SVRIA and a party to the JPA and agrees to be bound by all the terms, conditions, covenants, obligations, liabilities and undertakings thereof, all with the same force and effect as if the New Member were a signatory to JPA and shall be deemed to be a Member of SVRIA for all purposes thereof. A copy of the Restated JPA is attached hereto as Exhibit “A.”
4. Priority of Restated JPA. In the event of any contradictions between this Membership Agreement and the Restated JPA, the Restated JPA shall prevail.
5. Capitalized Terms. Capitalized terms used herein without definition shall have the meanings ascribed in the JPA.
4. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
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5. Counterparts. This Agreement may be executed in any number of counterparts, and by different parties in separate counterparts, each of which, when executed and delivered, shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument.
The parties have executed this Membership Agreement as of the date listed on the first page.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.
SVRIA
By: ______
Name: Heather Tannehill-Plamondon Title: Executive Director, SVRIA
Approved as to form:
By: ______
Name: Gary M. Baum Title: General Counsel
VTA
By: ______
Name: ______
Title: ______
Approved as to form:
By: ______
Name: ______
Title: ______
Membership Agreement SVRIA VTA 9-14-16
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EXHIBIT “A”
Restated JPA
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THIS JOINT POWERS AGREEMENT FOR THE SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY (the “Agreement”) originally entered into as of November 2009, (“Effective Date”) by and among the public agencies executing this Agreement (collectively, “Members” and individually, “Member”) and restated as of this __ day of ______2016 (“Restatement Date”) RECITALS A. WHEREAS, in 2001, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, Santa Clara, San Jose, Saratoga, and Sunnyvale; the Towns of Los Gatos and Los Altos Hills; the South Santa Clara County Fire District; the County of Santa Clara; San Jose State University; and the Santa Clara Valley Water District (collectively, the “Network Participants”) entered into an agreement to exercise their joint contracting and purchasing powers pursuant to Government Code Section 6502 (the “Joint Funding Agreement”), so as to jointly hire consultants for the conceptual design and implementation strategy for an interoperable communications network, to jointly purchase a radio and data communications system or network to provide interoperability for the Network Participants, to integrate this system or network with other nearby regional public safety communications systems, to participate in regional interoperability projects, to jointly fund activities and projects related to interoperability; and to jointly apply for grants and funding to facilitate the accomplishment of these goals; B. WHEREAS, the campaign to accomplish the above goals came to be known as the Silicon Valley Regional Interoperability Project (“SVRIP”); C. WHEREAS, the SVRIP has been very successful but many new projects and opportunities have arisen and the joint exercise of powers under the Joint Funding Agreement is no longer sufficient to address the expanded opportunities and objectives of the SVRIP; D. WHEREAS, the undersigned desire to create an independent joint powers authority to implement and operate the SVRIP and other projects, and to formally articulate the goals and purposes of the Authority; E. WHEREAS, a SVRIP Executive Director, employed by the City of San Jose consistent with the Joint Funding Agreement, has been appointed by the SVRIP steering committee to assist in the formation and operation of the Authority; F. WHEREAS, pursuant to the Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5, of the California Government Code, Government Code Section 6500 et seq., two or more public agencies may by agreement jointly exercise any power common to the contracting agencies; and G. WHEREAS, the Members have determined that the public interest will be served by the joint exercise of their common powers through this Agreement and the creation of a joint powers authority for the purposes described herein; and. H. Whereas, the Santa Clara Valley Transportation Authority has requested to become a Member of the Joint Powers Authority and the Board of Directors
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desires to include their membership in an amendment of the Joint Powers Agreement.
NOW THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, the Members agree as follows:
ARTICLE 1 – DEFINITIONS 1. Certain terms used in this Agreement shall be defined as follows: 1.1. "Agency" or “Public Agency” shall have the meaning provided in Government Code Section 6500. 1.2. "Agreement" shall mean this Agreement that establishes the Silicon Valley Regional Interoperability Authority. 1.3. “Annual Operating Costs” shall mean the day to day expenses of the Authority (other than systems maintenance expenses) which shall include without limitation, personnel (except systems maintenance personnel), overhead, legal and accounting services, and similar costs for the fiscal year; as such term may be further defined in the policies of the Authority 1.4. “Annual Systems Maintenance Costs” shall mean consulting and maintenance services for existing hardware and software; systems maintenance personnel costs; system site/facility maintenance; parts, software/firmware, labor and equipment for regular maintenance; and noncapital replacements for the fiscal year; as such term may be further defined in the policies of the Authority. 1.5. "Authority" shall mean the Silicon Valley Regional Interoperability Authority. 1.6. "Board" shall mean the Board of Directors which is the governing body of the Silicon Valley Regional Interoperability Authority. 1.7. "Central County Agencies" shall include the City of Santa Clara, the City of Sunnyvale, and the City of Milpitas. 1.8. “Overhead” shall mean the Authority’s ongoing necessary administrative costs (such as system site/facility rent, office rent, utilities, office supplies, and insurance) which are not separately budgeted as part of a specific project, program, or service. 1.9. "Members" shall mean the public agencies which are signatories to this Agreement prior to the Effective Date. Unless otherwise indicated, actions or approvals of a Member are deemed to be those of the legislative body of the Member, plus the addition of the Santa Clara Valley Transportation Authority (“VTA”) as of the Restatement Date. 1.10. "Multiple Agency Directorship" shall mean any seat on the Board of Directors which represents more than one Member.
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1.11. "Northwest County Agencies" shall include the City of Mountain View, the City of Palo Alto, the City of Los Altos and the Town of Los Altos Hills. 1.12. Restatement Date shall mean the date that this Agreement is formally unanimously agreed to by all of the Member Agencies. 1.13. “Smaller Member” shall mean any Member whose population is less than 15,000. 1.14. "South County Agencies" shall include the City of Gilroy and the City of Morgan Hill. 1.15. "Southwest County Agencies" shall include the City of Cupertino, the City of Campbell, the City of Saratoga, the Town of Los Gatos and the City of Monte Sereno. 1.16. "Working Committee" shall mean the committee described in Article 6 of this Agreement.
ARTICLE 2 – CREATION AND PURPOSES 2. The Silicon Valley Regional Interoperability Authority is created as described in this Article. 2.1. Creation of Authority and Jurisdiction. Pursuant to the Joint Exercise of Powers Act, the Members hereby create the Silicon Valley Regional Interoperability Authority, a public entity separate and distinct from each of the Members, to exercise the powers common to the Members and as otherwise granted by the Joint Exercise of Powers Act. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Members; however the Authority may undertake any action outside such geographic boundaries as is necessary or incidental to the accomplishment of its purposes. 2.2. Purpose of Authority. The purpose of the Authority is to enhance and improve communications, data sharing and other technological systems, tools and processes for protection of the public and public safety and to facilitate related local and regional cooperative efforts. 2.3. Purpose of Agreement. The purpose of this Agreement is to create the Authority; to facilitate the implementation of the Authority’s projects, systems and services; to provide for the Authority’s acquisition of real, personal and intangible property, to provide for the Authority’s administration, planning, design, financing, regulation, permitting, environmental evaluation, public outreach, construction, operation, and maintenance of the Authority’s projects, systems and services; and to provide for any necessary or convenient related support services.
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ARTICLE 3 – POWERS 3. The Authority shall have all powers necessary or reasonably convenient to carry out the purposes herein, subject to the limitations in this Article. 3.1. The Authority shall have all powers necessary or reasonably convenient to carry out the purposes herein, including, but not limited to, the following powers: 3.1.1. To obtain and secure funding from any and all available public and private sources including local, state, and federal government, including but not limited to, bond issuances, lease purchase agreements, grants, public and private contributions, public and private loans, and other funds; 3.1.2. To manage and operate any projects, systems, and services transferred or assigned to the Authority and fulfill any existing obligations incurred under the Joint Funding Agreement that are transferred or assigned to the Authority; 3.1.3. To plan, design, finance, acquire, construct, operate, regulate, and maintain systems, equipment, facilities, buildings, structures, software, databases, and improvements; 3.1.4. To lease real, personal and intangible property; 3.1.5. To acquire, hold, or dispose of real, personal or intangible property by negotiation, dedication or eminent domain; 3.1.6. To own, lease, sublease, acquire, operate, maintain and dispose of materials, supplies, and equipment of all types including, but not limited to intangible property such as radio frequencies; 3.1.7. To conduct studies, tests, evaluations, investigations, and similar activities; 3.1.8. To develop and/or adopt standards and specifications; 3.1.9. To obtain permits, rights, licenses and approvals, including FCC licenses; 3.1.10. To enter into agreements; 3.1.11. To contract for services from Members, including but not limited to in-kind services; 3.1.12. To employ consultants, contractors, and staff and to adopt personnel rules and regulations; 3.1.13. To adopt bylaws, rules and regulations; 3.1.14. To delegate certain powers; 3.1.15. To acquire and maintain insurance of all types; 3.1.16. To accept, hold, invest, manage, and expend monies pursuant to the Joint Exercise of Powers Act;
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3.1.17. To work with elected officials and local, regional, state and federal agencies, including joint powers agencies and consortia, to pursue funding, enter agreements, and otherwise act to carry out the purposes of the Authority; 3.1.18. To incur debts, liabilities or obligations, provided that no debt, liability, or obligation shall constitute a debt, liability or obligation of the Members, either jointly or severally; 3.1.19. To charge for services, programs, and/or system use by means of subscriber fees or similar charges; 3.1.20. Subject to applicable legal authority, to cause assessments, fees or charges to be levied in accordance with applicable State and Federal law; 3.1.21. To issue bonds and sell or lease any type of real or personal property for purposes of debt financing; 3.1.22. To sue and be sued; 3.1.23. To conduct public outreach and education; 3.1.24. To participate in pilot and demonstration projects; 3.1.25. To reimburse Authority officers, employees and officials for expenses incurred as permitted by law; and 3.1.26. To exercise all powers incidental to the foregoing. 3.1.27. In addition to those powers common to each of the members and the powers conferred by the Joint Exercise of Powers Act, the Authority shall have those powers that may be conferred upon it by subsequently enacted legislation. 3.2. Limitation on Eminent Domain Power. The Authority’s power of eminent domain shall be exercised to acquire real property only in the manner prescribed by the California Code of Civil Procedure, including the requirements of Sections 1245.230 and 1245.240 of the Code of Civil Procedure (as such statutes and requirements may be amended) which provide that prior to the exercise of such power the Board adopt, by a 2/3 vote of the entire Board, a resolution finding that (1) the public interest and necessity require the proposed project; (2) the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and (3) the property described in the resolution is necessary for the proposed project. Further, the Authority shall not exercise such power in the jurisdiction of a municipal or county Member in absence of a resolution approved by a majority of the Member’s governing body evidencing the Member’s consent to the Authority’s exercise of eminent domain. 3.3. No Authority Taxing Power. The Authority shall not exercise any power it possesses to impose taxes on the public, although it may receive the proceeds of taxes imposed by other entities.
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3.4. Restriction on Exercise of Powers. Pursuant to Section 6509 of the Joint Exercise of Powers Act, the Authority has designated a general law city as the Member for determination of the restrictions upon the Authority in exercising the common powers under this Agreement and the City of Cupertino shall serve as such Member. In the event that the City of Cupertino ceases to be a Member, the Board may designate by resolution another general law city Member as the Member for determination of the restrictions upon the Authority in exercising the common powers. 3.5. Unless expressly provided to the contrary herein, the Authority does not intend, by virtue of Section 3.4 or this Agreement, to subject itself to the internal policies or ordinances of any Member (e.g., Member purchasing or sunshine ordinances). ARTICLE 4 – MEMBERSHIP 4. The Members of the Authority are the public agencies who enter into this Agreement prior to the Effective Date plus the addition of VTA as of the Restatement Date. In the event a city or town listed as represented by a Multiple Agency Directorship does not enter into this Agreement prior to the Effective Date, the city or town will not be a Member and the listed entities in the applicable Multiple Agency Directorship will be deemed amended to reflect this fact without further action. Admission of a new Member shall not require amendment to this Agreement, however, after the Effective Date new Members may be admitted only pursuant to the procedures described in Sections 4.1 and 4.2. Members may withdraw pursuant to the procedures described in Sections 4.3. 4.1. A Public Agency may be considered for membership in the Authority after the Effective Date, by presenting an adopted resolution of the Public Agency’s governing body to the Board which includes a request to become a Member of the Authority. 4.2. The Authority shall accept new Members upon a majority affirmative vote of the entire Board, payment of any Board determined fees and charges, including a pro-rata share of organization, planning, project, and other costs and charges and upon satisfaction of any conditions established by the Board as a prerequisite for membership. At the time of admission, the Board shall adopt a resolution assigning the new Member to be represented by one of the existing Multiple Agency Directorships and amend the listed entities in the applicable Multiple Agency Directorship shall be amended to reflect this fact. Each proposed Member shall also enter into a membership agreement, upon the date of execution of which it shall be bound to the terms of this Agreement as a Member. 4.3. Withdrawal. Any Member may withdraw from this Agreement upon at least 6 (six) months written notice to the Authority and the Members. Any Director who is an elected official of the withdrawing Member and any Working Committee member who is an official, officer or employee of the withdrawing Member shall be deemed to have resigned as of the date of receipt of the written notice.
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4.3.1. A withdrawing Member shall have no interest or claim in the assets of the Authority absent an Authority approved written agreement which contains express provisions to the contrary. 4.3.2. Any withdrawing Member shall be obligated to pay an equitable share, consistent with the cost sharing principles herein, of all debts, liabilities and obligations of the Authority incurred prior to the effective date of the withdrawal; as such share is determined by the Board, as a condition precedent to such withdrawal. 4.3.3. Provided, however, that the withdrawing Member’s obligations under Section 4.3.2 shall not extend to debts, liabilities and obligations of the Authority that are secured or otherwise committed pursuant to specific project, service, or program agreements (“limited scope agreements”) that expressly omit the withdrawing Member. The specific pro-rata share of the withdrawing Member of the debts, liabilities and obligations of the Authority that are secured or otherwise committed pursuant to a limited scope agreement shall be determined by the terms of those agreements and the withdrawing Member shall comply with all withdrawal terms of such agreement. 4.3.4. A withdrawing or withdrawn Member’s payment obligation with respect to its share of debts, liabilities and obligations shall survive withdrawal of the Member and survive termination of this Agreement. 4.3.5. If a Member who is represented by a Multiple Agency Directorship withdraws, the listed entities in the applicable Multiple Agency Directorship may be amended to reflect this fact by a resolution of the Board.
ARTICLE 5 – BOARD OF DIRECTORS; ORGANIZATION 5. The Authority shall be governed by a Board of Directors (the "Board") consisting of eleven (11) Directors. The term of a Director’s appointment shall be three (3) years although Directors may be appointed for a shorter term consistent with the Board’s bylaws. Directors may be appointed to multiple successive terms. An alternate shall be appointed for each Director. Alternates shall serve as Directors in the absence of their respective Directors and shall exercise all rights and privileges thereof. Notwithstanding the above, each Director and each alternate for such Director shall serve at the pleasure of the Member(s) they represent and may be removed by such Member(s) at any time without any right to notice thereof. 5.1. Directors and alternates shall be appointed by the represented Member(s) as follows and, at the time of such appointment and for the duration of such appointment, each shall be an elected official of a Member: 5.1.1. Two Directors shall represent the County of Santa Clara. 5.1.2. Two Directors shall represent the City of San Jose.
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5.1.3. One Director shall represent the Central County Agencies. 5.1.4. One Director shall represent the Northwest County Agencies. 5.1.5. One Director shall represent the South County Agencies. 5.1.6. One Director shall represent the Southwest County Agencies. 5.1.7. One Director shall be appointed by the City Selection Committee (as formed pursuant to Government Code Section 50270 et seq.) for Santa Clara County. The Director shall be an elected official of a Member who does not have an elected official on the Board at the time of appointment. The Director appointed in this manner may be removed by the Member that he or she serves. 5.1.8 Two Directors shall be appointed by the Santa Clara Valley Transportation Authority (“VTA”) Board of Directors. One Director shall be the VTA’s General Manager or his or her designated Executive Level Staff Member. The other VTA Director shall be an elected member of the VTA Board of Directors or an elected VTA Policy Advisory Committee Member. The elected Director shall not be from a City or Town with a current member on the Board of Directors of the Authority. Future Directors appointed to any seat may not be from the cities or town already represented by the VTA Directors.
Each directorship described in Sections 5.1.3 through 5.1.6 shall be a Multiple Agency Directorship and an action by a majority of the represented Members shall appoint and remove such Directors. If the Director (or his or her Alternate) shall fail to attend 70% of the meetings of the Board during the fiscal year, the Directorship shall be deemed vacant and the Authority shall send notice of the vacancy to the represented Member(s). If a Director shall cease to be an elected official of a Member, his or her seat shall be deemed vacant. If a Director shall cease to be an employee of VTA, his or her seat shall be deemed vacant. If the City Selection Committee or the represented Members of a Multiple Agency Directorship fail to select a Director within ninety (90) days of a vacancy, the Board may appoint an interim Director from the elected officials of the represented Members (or of those Members who do not have an elected official on the Board in the case of the City Selection Committee’s directorship) to serve until the appointment of the new Director is completed.
5.2. Each member of the Board shall have one vote. A majority of the members of the entire Board shall constitute a quorum for the transaction of business. Except where a supermajority is required by statute, this Agreement or a
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resolution of the Board, actions of the Board shall require the affirmative vote of a majority of the entire Board (i.e., six (6) affirmative votes). 5.3. The Board shall elect annually a Chair from among its membership to preside at meetings and shall appoint a Secretary who may, but need not, be a Director. The Board may, from time to time, elect such other officers as the Board shall deem necessary or convenient to conduct the affairs of the Authority. 5.4. Meetings. The Board shall hold at least two regular meetings each year. The Board shall by resolution establish the date, hour and location at which its regular meetings shall be held. All meetings of the Board shall be held in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. The Secretary shall cause minutes of all open meetings of the Board to be kept and shall cause a copy of the minutes to be forwarded to each Director and the Members within thirty (30) days. 5.5. Bylaws. The Board, at its initial meeting, shall adopt by resolution rules of procedure (“bylaws”), not inconsistent with the provisions of this Agreement, to govern the conduct of its meetings. Such rules of procedure shall be in accordance with the Ralph M. Brown Act. Amendments to the Bylaws shall be reviewed by the Working Committee and comments from the Working Committee, if any, shall be presented to the Board at the time of Board consideration of the amendments. 5.6. Political Reform Act Compliance. Directors of the Board, members of the Working Committee and designated officials and employees shall comply with the Political Reform Act of 1974, Government Code Section 81000 et seq. 5.7. Executive Director. The Executive Director shall report to and take direction from the Board and shall have such authority as is specified by resolution of the Board. Where authorized by the Working Committee, the Executive Director may sign agreements, applications and other documents on behalf of the Authority. The Executive Director shall be designated as a Government Code Section 6505.1 officer who has charge of, handles, and has access to, the Authority's property and shall file with the Authority an official bond in the amount set by the Board. The premiums for such bond may be paid or reimbursed by the Authority. 5.7.1. The SVRIP Executive Director shall serve as the Authority’s Executive Director during the term of the existing employment agreement between the City of San Jose and the SVRIP Executive Director or until an Executive Director is selected pursuant to Section 6.7. 5.8. General Counsel. The Authority shall have a General Counsel. The General Counsel shall report to and take direction from the Board. The Board may designate one of the Authority's or a Member’s employees as General Counsel or contract for such legal services with an independent contractor. 5.9. Policies. The Board may, upon the recommendation of the Working Committee, adopt policies regarding personnel, conflicts of interest and other matters that are necessary or convenient for the efficient operation of the Authority.
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5.10. In addition to such duties as may be necessary or desirable for the implementation of this Agreement, the Board shall have the duty to do the following within the times specified or, if no time is specified, within a reasonable time: 5.10.1. The Board shall hold an initial Board meeting within sixty (60) days of the Effective Date, and adopt an initial budget, work plan, initial policies, and bylaws with or without a Working Committee recommendation; 5.10.2. The Board shall adopt a work plan for each fiscal year; 5.10.3. The Board shall select a General Counsel; 5.10.4. The Board shall direct the Working Committee to evaluate the need for such insurance protection as is necessary to protect the interests of the Authority and its Members, and acquire and maintain if necessary, liability, errors and omissions, property and/or other insurance.
ARTICLE 6 – WORKING COMMITTEE 6. Pursuant to Government Code Section 6508, the Authority delegates certain powers related to program development, policy formulation and program implementation to the Working Committee described herein. Specifically, the Working Committee shall have the composition, powers and duties described in this Article and the implied powers necessary therefor. 6.1. The Working Committee shall ensure that a budget and work plan are timely prepared and by March 31 of each year, shall review and recommend the budget and work plan to the Board for approval. Copies of the recommended budget and work plan shall be promptly sent to the Members and the Directors. The budget shall indicate the anticipated sources of revenues and the anticipated uses of such revenues. The work plan shall outline the activities and priorities of the Authority for the following year. 6.2. The Working Committee may apply for and accept all grants and sub-grants that are consistent with the approved work plan, provided that either (a) the amount of matching funds required, if any, does not exceed that threshold provided in the approved work plan and budget, or (b) a Member or other entity volunteers to provide the matching funds without a guarantee of reimbursement. 6.3. The Working Committee may take action to implement or modify any projects, programs or services, provided the projects, programs or services are consistent with the budget and the parameters and thresholds in the work plan. Any projects, programs and services that are not consistent with the work plan and budget shall be reviewed by the Working Committee and recommended to the Board for approval. 6.4. The Working Committee shall let for bid, if required, and award all contracts consistent with the approved work plan, provided that the amount of funds
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required, if any, does not exceed that threshold provided in the approved work plan and budget. The Working Committee may approve any contract amendment, provided that the additional costs to the Authority for such amendment do not exceed the threshold provided in the Authority’s contracting policy and sufficient funds are available in the approved budget. 6.5. The Working Committee shall approve all agreements with Members and other public agencies and all other contracts that are consistent with applicable law and the approved work plan. 6.6. The Working Committee shall recommend a conflict of interest policy and personnel rules, when necessary, and any amendments of those policies to the Board for approval. 6.7. The Working Committee shall adopt policies regarding purchasing and consultants. In addition, the Working Committee may adopt policies on other issues that are necessary or convenient for the efficient operation of the Authority. 6.8. The Working Committee shall recommend an Executive Director, subject to the Board’s approval and approval of the contract between the Authority and Executive Director. 6.9. The Working Committee shall have thirteen (13) Committee Members, unless such number is increased by a resolution adopted by an affirmative vote of 2/3 of the entire Board. Each Committee Member shall serve at the pleasure of the appointing entity identified in Section 6.9.1 and may be removed at any time by that appointing entity without notice. Each Committee Member must be an official, officer, or employee of a Member, but no single Member may have more than three (3) Working Committee Members serving at one time. A Committee Member may also be removed by the Member who he or she serves upon notice to the Authority. If a Committee Member shall fail to attend 70% of the meetings of the Working Committee during the fiscal year, his or her seat shall be deemed vacant and the Authority shall send notice of the vacancy to the appointing entity. If a Committee Member shall cease to be an official, officer, or employee of a Member, his or her seat shall be deemed vacant. If an appointing entity shall fail to appoint a Committee Member within ninety (90) days of a vacancy, the Working Committee may, by majority vote, appoint an interim Committee Member from the officials, officers, or employees of the Members to serve until the appointment of the new Committee Member is completed. 6.9.1. Working Committee Members shall be appointed by the following entities (or successor entities approved pursuant to a resolution of the Working Committee) as follows: 6.9.1.1. Two City Managers appointed by the Santa Clara County/City Managers Association. 6.9.1.2. One fire chief appointed by the Santa Clara County Fire Chiefs Association.
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6.9.1.3. One police chief appointed by the Santa Clara County Police Chiefs Association. 6.9.1.4. The Santa Clara County Executive or his or her designee. 6.9.1.5. Two members appointed by the San Jose City Manager. 6.9.1.6. The Director of Communications for Santa Clara County or his or her designee. 6.9.1.7. One communications manager appointed by the Public Safety Communications Managers Association (of Santa Clara County). 6.9.1.8. Two at-large members appointed by the Working Committee. 6.9.1.9. Two Committee Members appointed by VTA’s General Manager. 6.9.2. Meetings of the Working Committee shall be conducted in compliance with the Ralph M. Brown Act. The Working Committee may adopt by resolution rules of procedure, not inconsistent with the provisions of this Agreement, to govern the conduct of its meetings. 6.9.3. A majority of the Committee Members shall constitute a quorum for the transaction of business and actions of the Working Committee shall require the affirmative vote of a majority of the entire Working Committee (i.e., as of the Effective Restatement Date, seven (7) Committee Members).
ARTICLE 7 – FISCAL MATTERS AND FUNDING 7. The Authority shall comply with the fiscal and recordkeeping requirements of the Joint Exercise of Powers Act and shall take such other actions as necessary or desirable to address the fiscal, funding and budgeting needs of the Authority. 7.1. Treasurer and Auditor. The Treasurer and Auditor/Controller of Santa Clara County, respectively, are designated the Treasurer and Auditor of the Authority with the powers, duties, and responsibilities specified in the Joint Exercise of Powers Act, including, without limitation, Sections 6505 and 6505.5 thereof; provided however, the Board may revoke this designation by adopting a resolution appointing one or more of the Authority's or a Member’s officers or employees to either or both of the positions of Treasurer or Auditor as provided in Sections 6505.6 of the Joint Exercise of Powers Act. 7.2. Accounts and Reports. The Board shall establish and maintain such funds and accounts as may be required by generally accepted public accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times to the Members and their respective representatives. The accounts shall be prepared and maintained by the Treasurer and/or Auditor of the Authority. The Auditor shall, within one hundred twenty (120) days after the close of each fiscal year, cause an independent audit of all financial activities for
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such fiscal year to be prepared in accordance with Government Code Section 6505. The Authority shall promptly deliver copies of the audit report to each Director and the Members. 7.3. Budget. The Board shall adopt an initial budget consistent with Section 5.10 and adopt subsequent budgets no later than April 30th of each year thereafter. Adoption of the budget shall require an affirmative vote of 2/3 of the entire Board. 7.4. Fiscal Year. The fiscal year of the Authority shall be the period from July 1st of each year to and including the following June 30th. 7.5. Debts, Liabilities and Obligations. The debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of the Members, either jointly or severally. 7.6. Initial Contribution for Annual Operating Costs. Within thirty (30) days of the Effective Date, each Member except the City of Los Altos Hills and the City of Monte Sereno shall make an initial operating costs contribution of $13,157 to the Authority. The City of Los Altos Hills and the City of Monte Sereno shall each make an initial operating costs contribution of $8,000. Notwithstanding the above, any Member who has already contributed the identified amount pursuant to the Joint Funding Agreement for the 2009-2010 fiscal year need not make such initial operating costs contribution. Within thirty (30) days of the Restatement Date, the VTA shall make a contribution towards operating costs of $13,157 to the Authority. 7.7. Initial Contribution for Annual Maintenance Costs. Within thirty (30) days of the Effective Date, each Member shall make an initial systems maintenance contribution of the amount required pursuant to the City Manager’s Association approved maintenance assessment formula. 7.7.1. The City Managers’ Association approved maintenance assessment formula provides the following population allocation percentages: Campbell - 2.21%, Cupertino - 3.02% , Gilroy - 2.60%, Los Altos - 1.60%, Los Altos Hills - 0.48%, Los Gatos - 1.67%, Milpitas – 3.76%, Monte Sereno - 0.20% , Morgan Hill - 2.02%, Mountain View – 4.16%, Palo Alto – 3.50% , San Jose – 53.47%, Santa Clara – 6.12%, Saratoga - 1.76%, and Sunnyvale – 7.66%; and unincorporated Santa Clara County - 5.78%. 7.7.2. The following contributions are due based on the above percentages: Campbell - $3,315, Cupertino - $4,530, Gilroy - $3,900, Los Altos - $2,400, Los Altos Hills - $720, Los Gatos - $2,505, Milpitas – $5,640, Monte Sereno - $300, Morgan Hill - $3,030, Mountain View – $6,240, Palo Alto – $5,250 , San Jose – $80,205, Santa Clara – $9,180, Saratoga - $2,640, and Sunnyvale – $11,490, and unincorporated Santa Clara County - $8,670. 7.7.3. Notwithstanding the above, any Member who has already contributed the identified amount pursuant to the Joint Funding Agreement
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for the 2009-2010 fiscal year need not make such initial maintenance contribution. 7.8. Annual Operating Costs. Each year, the Working Committee shall propose projected Annual Operating Costs, which projected costs shall be adopted by the Board prior to or during approval of the budget. 7.8.1. Population Share. Half of the adopted Annual Operating Costs shall be allocated to the Members based on their respective population (the “Population Share”). Each Member shall pay a portion of the Population Share which shall be determined based on that Member’s population. The Population Share, each Member’s share of the Population Share shall be determined pursuant to the funding policy adopted by the Board at its initial meeting, as may be amended. The funding policy shall specify the accepted method for calculating each Member’s population (e.g., census data). Notwithstanding the foregoing, on or after the Restatement Date, the Working Committee shall commission or obtain a cost allocation study which considers usage, overhead, and other reasonable cost factors and with that data shall propose, subject to the adoption of the Board, an allocation methodology for the VTA that is not based on population. 7.8.2. Membership Share. Half of the adopted Annual Operating Costs shall be allocated to the Members based on the principle that Members share these costs equally, except that the Smaller Members shall pay 60% of a Full Share (the “Membership Share”). Each Member except the Smaller Members shall pay an equal full share of the adopted Annual Operating Costs (Full Share”) the Smaller Members shall pay 60% of a Full Share. The total of all shares shall be 100% of the Membership Share. A Full Share shall be calculated according to the formula implementing the above principle contained in the funding policy adopted by the Board at its initial meeting, as may be amended. 7.9. Annual Systems Maintenance Costs. Each year, the Working Committee shall propose projected Annual Systems Maintenance Costs, which projected costs shall be approved by the Board prior to or during approval of the budget. 7.9.1. Each Member shall pay a share of the adopted Annual Systems Maintenance Costs based on the principle that Members shall share systems maintenance costs based on system and service usage and that until sufficient data is available regarding Member usage, Member population data is an acceptable proxy for usage. 7.9.2. Each Member’s share of the adopted Annual Systems Maintenance Costs shall be calculated according to the formula implementing the principles in Section 7.9.1 contained in the funding policy adopted by the Board at its initial meeting, as may be amended. 7.10. Other Projects, Programs and Services. In the event that a project, program, service, or reserve fund is approved which has costs that are not
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Annual Operating Costs or the Annual Systems Maintenance Costs, the Working Committee shall either (a) develop a proposed cost allocation formula for the non-overhead costs based on the principle that costs shall be assessed to Members based on usage but, if usage data or projected usage data is not available, until sufficient data is available, Member population and entity type data are acceptable proxies for usage or (b) conduct or obtain a cost allocation study which considers usage, overhead, and other reasonable cost factors. The Board shall approve any such proposed cost allocation. 7.11. Limited Scope Agreements. Where a project or program is intentionally designed to be limited in scope such that it only provides benefits to particular Members, the Authority may enter into specific project or program agreements that provide for cost sharing by the particular affected Members; provided however, both the Board and Working Committee must approve such agreements. 7.12. Contributions on Behalf of Members. Special Districts or other parties may tender to the Authority those contributions due from a Member on that Member’s behalf.
ARTICLE 8 –GENERAL PROVISIONS 8. The following general provisions apply to this Agreement. 8.1. Term and Termination. This Agreement shall be effective as of the Effective Date. It shall remain in effect until the purposes of the Authority are fully accomplished, or until terminated by the vote of a majority of the governing bodies of the Members; provided, however, that this Agreement may not be terminated, until (a) all bonds or other instruments of indebtedness issued by the Authority and the interest thereon, if any, have been paid in full or provision has been made for payment in full and (b) all outstanding obligations and liabilities of the Authority have been paid in full or provision has been made for payment in full, except as set forth in Section 8.2. 8.2. Disposition of Property upon Termination. In the event of termination of the Authority pursuant to Section 8.1 herein and where there will be a successor public entity which will carry on the functions of the Authority and assume its assets and liabilities, the assets of the Authority shall be transferred to the successor public entity. If upon termination pursuant to Section 8.1, there is no successor public entity which will carry on the functions of the Authority and assume its assets, the assets shall be returned to the Members as follows: (a) all real property and any improvements thereon shall be conveyed to the Member which owned the property prior to the formation of the Authority, and (b) all other assets shall be divided among the Members in proportion to their respective contributions during the term of this Agreement. If upon termination pursuant to Section 8.1, there is a successor public entity which will carry on some of the functions of the Authority and assume some of
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the assets, the Authority's Board shall allocate the assets between the successor public entity and the Members. 8.3. Indemnification. To the fullest extent allowed by law, the Authority shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents, and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement. 8.4. Liability of Board, Officers and Employees. The Directors, Working Committee Members, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Agreement. They shall not be liable to the Members for any mistake of judgment or other action made, taken, or omitted by them in good faith, nor for any action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of the Authority's funds, or failure to invest the same. 8.5. To the extent authorized by California law, no Director, Working Committee Member, officer, or employee of the Authority shall be responsible for any action made, taken, or omitted, by any other Director, Working Committee Member, officer, or employee. No Director, Working Committee Member, officer, or employee of the Authority shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement, except as required herein pursuant to Government Code Section 6505.1. The funds of the Authority shall be used to defend, indemnify, and hold harmless the Authority and each Director, Working Committee Member, officer, or employee of the Authority for actions taken in good faith and within the scope of his or her authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide coverage for the foregoing indemnity. 8.6. Successors: Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members. No Member may assign any rights or obligations hereunder without the unanimous consent of the governing bodies of the other Members; provided, further, that no such assignment may be made if it would materially and adversely affect (a) the rating of bonds issued by the Authority, or (b) bondholders holding such bonds. 8.7. Amendments. This Agreement may be amended only upon approval of all the governing bodies of the Members. So long as any bonds of the Authority are outstanding and unpaid, or funds are not otherwise set aside for the payment or redemption thereof in accordance with the terms of such bonds and the documentation relating thereto, this Agreement shall not be amended, modified or otherwise revised, changed or rescinded, if, in the judgment of the Board, such action would (a) materially and adversely affect (1) the rating of bonds issued by the Authority, or (2) bondholders holding such bonds, or (b) limit or reduce the
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obligations of the Members to make, in the aggregate, the payments which are for the benefit of the owners of such bonds. 8.8. No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the Authority and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights hereunder against the Authority or its Members. 8.9. Dispute Resolution. In the event that any party to this Agreement should at any time claim that another party (or parties) has breached or is breaching this Agreement, the complaining party shall file with the governing body of claimed breaching party, and with the Authority, a written claim of said breach, describing the alleged breach and otherwise giving full information respecting the same. The Board shall thereupon, at a reasonable time and place, specified by it, give each of these parties to the dispute an opportunity to be heard on the matter, and shall, upon conclusion of said hearing, give the Members a full report of its findings and recommendations. Said report, findings and recommendations shall be deemed advisory only, shall not in any way bind any of the parties to the dispute, and shall not be deemed to establish any facts, either presumptively or finally. Upon receipt of said report and recommendations, if any party to the dispute should be dissatisfied with or disagree with the same, that party shall provide written notice to the other parties within ten (10) business days, and the parties to the dispute or their representatives shall meet at a reasonable time and place to be determined by them, for the purpose of resolving their differences. No action for breach of this Agreement, and no action for any legal relief because of any such breach or alleged breach of this Agreement shall be filed or commenced by any party unless and until such party has first given to the other parties a reasonable time, after the parties to the dispute have met to resolve their differences, within which to cure any breach or alleged breach. 8.10. Notices. Any notices to Members required by this Agreement shall be delivered or mailed, U.S. first class, postage prepaid, addressed to the principal office of the respective Members. Notices under this Agreement shall be deemed given and received at the earlier of actual receipt, or the second business day following deposit in the United States mail, as required above. Any Member may amend its address for notice by notifying the other Members pursuant to this Section. 8.11. Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 8.12. Liberal Construction. The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Authority. 8.13. Headings. The headings used in this Agreement are for convenience only and have no effect on the content, construction, or interpretation of the Agreement.
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8.14. Counterparts. This Agreement may be executed in any number of counterparts, and by different parties in separate counterparts, each of which, when executed and delivered, shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 8.15. Non-Waiver. No waiver of the breach or default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power or remedy in the event of breach or default shall be construed as a waiver thereof, or acquiescence therein, or be construed as a waiver of a variation of any of the terms of this Agreement or any applicable agreement. 8.16. Agreement Complete. The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing above. Any such agreements merge into this Agreement.
This document continues on the following page.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.
City of Campbell Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
Approved as to form: Approved as to form: By: ______By: ______Name: ______Name: ______Title: ______Title: ______
City of Cupertino Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Gilroy Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Los Altos Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
20 T-15939\ 592861_3 Silicon Valley Regional Interoperability Project JPA Agreement Restatement 5-30-16 13.a RD:SSG
Town of Los Altos Hills Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
Town of Los Gatos Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Milpitas Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Monte Sereno Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Morgan Hill Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
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City of Mountain View Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Palo Alto Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of San Jose Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Santa Clara Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
County of Santa Clara Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
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City of Saratoga Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
City of Sunnyvale Approved as to form:
By: ______By: ______
Name: ______Name: ______
Title: ______Title: ______
Santa Clara Valley Transportation Authority Approved as to form:
By: ______By: ______
Name:______Name: ______
Title:______Title: ______
23 T-15939\ 592861_3 Silicon Valley Regional Interoperability Project JPA Agreement Restatement 5-30-16 14
Date: October 14, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Award of Contract for Mobile CCTV Maintenance
Policy-Related Action: No Government Code Section 84308 Applies: Yes
ACTION ITEM
RECOMMENDATION:
Authorize the General Manager to execute a contract with WACHTER, Inc. in the amount of $3,500,000 for Close Circuit Television (CCTV) repair and maintenance on bus and light rail vehicles. The initial term of contract is for five years with an option to extend the contract on an annual basis for two additional years. The cost of the initial five year term is $2,500,000, plus an optional $500,000 per year for each of the optional one-year periods, for a total of $3,500,000.
BACKGROUND:
This project will provide for the Mobile CCTV repair maintenance and support on VTA Light Rail and Bus vehicles. The majority of the vehicle CCTV systems are no longer in warranty and a portion of the CCTV systems installed is aging analog camera and recording equipment. The older equipment has a higher failure rate, can be more difficult to find replacement parts and generally result in higher repair costs. This contract will provide repair services for VTA's bus and light rails vehicles help keeping the existing mobile CCTV systems operational and fully functional.
DISCUSSION:
VTA has a very extensive and diverse Mobile CCTV installation. VTA entire revenue service vehicle fleet has on-board CCTV surveillance. The technology used within the fleet ranges from very old Analog CCTV installations to the latest High Definition digital cameras and recording systems.
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 14
The Mobile CCTV Maintenance Request for Purchase (RFP) was advertised on June 11, 2016. The pre-proposal conference had six vendors in attendance. Proposals were received by August 15, 2016, with the following firms submitting proposals:
Cyberwatch Integrated Video Solutions KRATOS WACHTER, Inc.
Firms that were selected as finalists were invited to participate in an oral interview. The proposals were evaluated based on the following criteria, as outlined in the RFP:
1. Qualifications of the Firm 2. Staffing and Project Organization 3. Work Plan / Project Understanding 4. Local Firm Preference 5. Cost/Price and Best Value to VTA
VTA staff has completed a bid analysis, and has determined the WACHTER, Inc. bid to be fair and reasonable while offering VTA the best long term value over the life of the installation. Staff recommends awarding the contract to WACHTER, Inc. The Maintenance vendor change is expected to occur in December 2016.
The proposal review board recommends WACHTER, Inc. as the responsive bidder that best meets the terms and conditions of this project and offered VTA the best value over the life of the contract. WACHTER, Inc. has a strong understanding of the scope and VTA requirements. WACHTER, Inc. is March Networks certified and has the capability of becoming Safety Vision certified. They have considerable experience with Mobile CCTV installation and maintenance and wireless LANs. WACHTER, Inc. has been in operation for 86 years and has also provided similar services for other large agencies which include Orange County Transportation Authority (OCTA). WACHTER, Inc.’s. pricing proposal contains the highest combined (Mobile CCTV and Wi-Fi router maintenance) hourly rates but also presented the most complete range skills necessary to insure full functionality of the system.
The WACHTER, Inc. proposal provided the best qualifications for advanced technical skills necessary for the support of our newer systems and demonstrated a firm understanding of the many issues faced in supporting a fleet the size of VTA. The staff presented the best qualifications for maintaining and diagnosing IP and server issues which have presented maintenance difficulties in the past.
Staff recommends the Board authorize the General Manager to award a contract with WACHTER, Inc. to cover the first five year maintenance and support, in the amount of $2,500,000, plus an optional $500,000 per year for each of the optional one-year periods, for a total of $3,500,000.
Page 2 of 3 14
ALTERNATIVES:
The Board of Directors could direct staff to consider an alternate bid.
FISCAL IMPACT:
This action with authorize up to $3,500,000 for CCTV repair and maintenance on bus and light rail vehicles. Appropriation for this expenditure through June 30, 2017 is included in the FY17 Adopted VTA Transit Fund Operating Budget. Appropriation for the remainder of the contract will be included in subsequent Biennial Operating Budgets.
Prepared by: Steve Turner Memo No. 5747
ATTACHMENTS: GovCode_84308 (PDF)
Page 3 of 3 14.a
Attachment A
Mobile CCTV Maintenance
Vendor’s Information
Firm Name Name Role Location Wachter Inc. Jared Botteron Business Unit Manager Irvine, CA
15
Date: October 14, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Chief Operating Officer, Inez Evans
SUBJECT: Light Rail Overhaul Parts Procurements
Policy-Related Action: No Government Code Section 84308 Applies: Yes
ACTION ITEM
RECOMMENDATION:
Authorize the General Manager to execute contracts with the following manufacturers to supply proprietary and non-proprietary Light Rail Vehicle (LRV) parts, and to comply with the Original Equipment Manufacturer’s (OEM) recommended mid-life overhaul program:
Voith Turbo, Inc. for OEM Gearbox overhaul parts in the amount of $1,954,120; Motion Industries for gearbox overhaul parts manufactured for Voith Gearboxes in the amount of $964,415; Trelleborg Industrial for chevron suspension system springs in the amount of $573,345; Enidine ITT, Inc for suspension parts, shock absorbers and connecting link assemblies in the amount of $543,575; Penn Machine for center and motor truck axle rebuild components in the amount of $2,588,930; Kinkisharyo, Inc. for body and Suspension leveling system components including articulation shock absorber system in the amount of $1,954,005; and Knorr, Inc. for brake assembly parts in the amount of $4,832,190
The aggregate amount for all contracts is $13,410,580. BACKGROUND:
VTA operates and maintains a fleet of 99 Light Rail Vehicles (LRV) that were received into service starting in 2003. The expected useful life of these LRVs is a minimum of 30 years; however, major parts and components must be replaced or rehabilitated at the mid-point of their
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 15
useful life intervals to ensure the fleet operates at optimum efficiency. The OEM manuals specify the parts that must be replaced at various intervals. VTA adopted the OEM recommendations and the California Public Utilities Commission (CPUC) mandates that VTA maintain the adopted maintenance schedules.
VTA’s mid-life overhaul program requires that cars are pulled from service at 15 years or 480,000 miles of service. Due to the additional service requirements over the past two years, many vehicles have reached or are close reaching to the service miles limit before reaching the 15-year mid-life mark and must be taken out of service for mid-life overhaul work.
DISCUSSION:
The current LRV fleet of 99 units has reached its mid-life and major components must be overhauled. At the beginning of FY2014, staff began a preliminary mid-life overhaul phase with a campaign to replace or rehabilitate pantographs and HVAC units on each car. At the same time, staff performed preliminary inspections on major components such as gear boxes, couplers, center trucks, and suspension and propulsion systems. These inspections confirmed the reliability of our LRV fleet and indicated the key components were wearing well under the then current service demands.
At the beginning of FY2015 light rail service needs increased significantly due to the opening of Levi’s Stadium and the level of effort to provide efficient service to the various events. The LRVs performed reliably; however most LRVs are now at or beyond the 480,000 mile mark and must undergo the mid-life overhaul as directed by the OEM recommendations and mandated by the CPUC. Mid-life overhaul work is already in progress on 33 high mileage LRVs using parts on hand from previous procurements. This procurement will purchase a sufficient quantity of parts to perform mid-life overhaul work on the remaining 66 vehicles in the fleet.
Engineer’s Estimate: $13,410,580
Following is a chart describing the vendor, specific equipment, type of procurement and the amount per vendor:
Vendor Description Type of Procurement Amount Voith Turbo, Inc OEM Gearbox overhaul parts Proprietary - Sole Source $ 1,954,120 Motion Industries Gearbox overhaul parts manufactured for Voith Non-Proprietary - Negotiated $ 964,415 Gearboxes Trelleborg Industrial Chevron springs for LRV suspension system Non-Proprietary - Negotiated $ 573,345 Enidine ITT, Inc. Suspension parts, shock absorbers and Proprietary - Sole Source $ 543,575 connecting link assemblies Penn Machine Center and Motor truck axle rebuild components Proprietary - Sole Source $ 2,588,930 Kinkisharyo, Inc. Body and Suspension leveling system Proprietary - Sole Source $ 1,954,005 components including articulation shock absorber system Knorr, Inc. Brake assembly parts Proprietary - Sole Source $ 4,832,190 Total $ 13,410,580
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ALTERNATIVES:
These parts are required to perform OEM recommended and CPUC mandated mid-life LRV overhauls. Some parts are proprietary and some, as noted in the table, are non-proprietary but are authorized Kinkisharyo OEM parts manufacturers. There are no viable alternatives to purchasing these parts from the manufacturers as specified. A decision to seek additional sources would delay the mid-life overhaul problem and would result in a significant reduction in the number of vehicles available for service.
SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:
Based on the limited scope of work and no subcontracting opportunities, no specific goal has been established for these contracts. Contractors are encouraged to make reasonable efforts to utilize SBEs in its procurement of ancillary services and products associated with the performance of this contract.
FISCAL IMPACT:
This action will authorize up to $13,410,580, to procure mid-life overhaul parts specified in the table above. Appropriation for parts installed through June 30, 2017 is included in the FY17 Adopted VTA Transit Fund Operating Budget. Appropriation for remaining mid-life overhaul activities will be included in the Proposed FY18 & FY19 VTA Transit Fund Operating Budgets as appropriate.
Prepared by: Steve Johnstone Memo No. 5789
ATTACHMENTS: Government Section Code 84308 LR Parts (PDF)
Page 3 of 3 15.a
Attachment A
Light Rail Overhaul Parts Procurements List of Contractor
Firm Name Name of Principal Role Location 210 Harris Avenue, Sr. VP Group Unit No. 1 , 95838 Voith Turbo, Inc Lars A. Rosumek Communication Sacramento (CA) 2705 Lafayette St., Santa Clara, CA 95050 Motion Industries Timothy P. Breen CEO Phone: (408) 727-6408 200 Veterans Blvd, Suite 3 Trelleborg Neil de Vries Regional Sales South Haven, MI 49090 Industrial Products Manager - Americas Executive Vice 7 Centre Drive President and President, Orchard Park, New Motion Technologies York 14127 Enidine ITT, Inc. Luca Savi USA 106 Station Street Penn Machine H. K. Wiegand Vice President Johnstown, PA 15905 20 Caven Point Vice President, East AveJersey City Kinkisharyo, Inc. William Covino Coast Operations NJ07305 Western Region Sales Knorr, Inc. Bill Mutschler Manager Union City, CA
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Date: October 12, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 3016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Title VI Program Resolutions
Policy-Related Action: No Government Code Section 84308 Applies: No Resolution
ACTION ITEM
RECOMMENDATION:
Adopt the Resolution to approve the results of monitoring VTA’s system-wide service standards and policies to ensure that no person is discriminated against because of their race, color, or national origin with regard to the quality of service, routing, or scheduling of transportation services VTA provides.
Adopt the Resolution to approve VTA’s Title VI Program. VTA’s Title VI Program is a compilation of documents that is submitted to the Federal Transit Administration (FTA) triennially as evidence of VTA’s compliance with Title VI of the Civil Rights Act of 1964. link: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/title_vi_program.pdf
BACKGROUND:
Title VI (42 U.S.C. §2000 et seq.) was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.
In order to comply with the recent updates to the FTA Title VI Circular (FTA C 4702.1B) and Environmental Justice Circular (FTA C 4703.1) guidelines, VTA is required to create and adopt a set of System-wide Service Standards & Policies, which are used to monitor service performance, vehicle assignment, and the distribution of transit amenities. VTA’s System-wide Service Standards & Policies compare the service performance of transit routes that are
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 16
predominantly used by minority passengers against the service performance of routes predominantly used by non-minority passengers. The System-wide Service Policies provide guidance on VTA’s vehicle assignment and transit amenity distribution practices to ensure that system resources are allocated in a fair and equitable manner. These standards and policies were created by VTA staff based on existing VTA procedures, current system performance data, common industry standards, and staff analyses and approved by the Board of Directors at their November 7, 2013 meeting.
Staff monitored the results of its System-wide Service Standards and Policies and did not find any discrimination on the basis of race, color, or national origin related to routing, scheduling, and quality of service.
Additionally, the Board of Directors is being asked to approve VTA’s Title VI Program prior to it being submitted to the FTA. The Title VI Program is a compilation of documents, maps, tables, and plans that demonstrate VTA’s compliance with Title VI requirements. Before VTA’s Title VI Program can be submitted to the FTA, it must be approved by VTA’s Board of Directors.
DISCUSSION:
VTA’s monitoring of its System-wide Services Standards and Policies are compliant with FTA guidelines. These policies and standards achieve their stated purpose of ensuring that VTA’s transit service and distribution of transit amenities are provided without discrimination on the basis of race, color, or national origin, and with consideration of adverse impacts being predominately borne by minority or low-income passengers. VTA’s monitoring program is included as Attachment 1.
VTA’s Title VI Program is compliant with FTA Title VI Circular 4702.1B guidelines as detailed in the Resolution included as Attachment 2.
ALTERNATIVES:
There are no practical alternatives. VTA is required to submit its 2016 Title VI Program 60 days before the expiration date of its 2013 Title VI Program which expires January 31, 2017. The results of the monitoring program and the Title VI Program demonstrate VTA’s compliance with Title VI of the Civil Rights Act of 1964. Not approving these documents could result in a loss of federal funding.
FISCAL IMPACT:
There is no direct fiscal impact that will result from the adoption of the resolutions confirming the results of the monitoring program and the approval of the Title VI Program.
Prepared by: Camille Williams Memo No. 5652
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ATTACHMENT 1
RESOLUTION NO.______
RESOLUTION OF THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY TO APPROVE THE RESULTS OF SERVICE MONITORING OF THE FISCAL YEAR 2016 AND FISCAL YEAR 2017 TRANSIT SERVICE PLAN
WHEREAS, Title VI (codified at 42 U.S.C. §2000d et seq.) of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and
WHEREAS, the Federal Transit Administration (FTA) issued Title VI Circular 4702.1B, effective October 1, 2012, setting forth requirements and guidelines for Title VI compliance; and
WHEREAS, the above referenced Circular requires the Santa Clara Valley Transportation Authority (VTA) to monitor compliance with its “System-wide Service Standards and Policies” to ensure non-discrimination on the basis of race, color, and national origin regarding the provision of transit services and benefits, including but not limited to routing, scheduling, and quality of service; and
WHEREAS, staff has applied VTA’s “System-wide Services Standards and Polices” to conduct the service monitoring attached hereto as Exhibit A, confirming that VTA’s services are provided equitably; and
NOW THEREFORE, BE IT RESOLVED that the Santa Clara Valley Transportation Authority hereby approves the results of Service Monitoring from March through July 2016 (Exhibit A).
PASSED AND ADOPTED by the Santa Clara Valley Transportation Authority Board of Directors this 3rd day of November 2016, by the following vote:
AYES:
NOES:
ABSENT:
______Cindy Chavez, Chairperson Board of Directors
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I HEREBY CERTIFY AND ATTEST that the foregoing resolution was duly and regularly introduced and adopted by the vote of a majority of the Board of Directors of the Santa Clara Valley Transportation Authority, California, at a meeting of said Board of Directors on the date indicated, as set forth above.
Date:
ATTEST:
______Elaine Baltao, Board Secretary
APPROVED AS TO FORM:
______Robert Fabela General Counsel
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ATTACHMENT 2
RESOLUTION NO.______
RESOLUTION OF THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY TO ADOPT ITS TITLE VI PROGRAM
WHEREAS, Title VI (codified at 42 U.S.C. §2000d et seq.) of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance; and
WHEREAS, the Federal Transit Administration (FTA) issued Title VI Circular 4702.1B, effective October 1, 2012, setting forth requirements and guidelines for Title VI compliance; and
WHEREAS, the above-referenced Circular details required elements of the Title VI Program, which each recipient of FTA assistance must submit to the FTA triennially; and
WHEREAS, the above-referenced Circular requires VTA’s Board of Directors to approve VTA’s Title VI Program before it is submitted to the FTA; and
WHEREAS, VTA’s Title VI Program expires January 31, 2017.
WHEREAS, VTA’s Title VI Program must contain numerous elements, including but not limited to, VTA’s:
1. Title VI Notice to the Public 2. Title VI Complaint Procedures 3. Title VI Complaint Form 4. List of Transit-Related Title VI Complaints, Investigations, and Lawsuits 5. A Public Participation Plan 6. A Limited English Proficiency/Language Access Plan 7. Table Depicting Racial Breakdown of Non-Elected Boards and Committees 8. Program for Monitoring Subrecipients for Title VI Compliance 9. Evidence of the Board’s Review and Approval of the Title VI Program 10. System-wide Service Standards and Policies, Result of Service Monitoring and evidence of the Board’s Approval of Such Monitoring 11. Demographic and Service Profile Maps and Charts 12. Demographic Ridership and Travel Patterns, Collected by Surveys 13. Description of the Public Engagement Process used for Adoption of the Major Service Change, Disparate Impact, and Disproportionate Burden Policies 14. Results of Service and/or Fare Equity Analyses Conducted since the Last Title VI Program Submission and Evidence of the Board’s Awareness and Approval of the Equity Analyses; and
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Whereas, staff has developed a proposed Title VI Program (provided to the Board via staff report), including the above-referenced items and evidencing VTA’s compliance with Title VI, for Board consideration and approval.
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Santa Clara Valley Transportation Authority hereby adopts the VTA Title VI Program; and
BE IT FURTHER RESOLVED that the Board of Directors authorizes the General Manager, or a designee, to: 1. Include evidence of the Board’s consideration and approval of the final VTA Title VI Program 2. Submit the final VTA Title VI Program to the FTA; and 3. Take any other steps necessary to give effect to this Resolution, including responding to any follow-up inquiries from the FTA.
PASSED AND ADOPTED by the Santa Clara Valley Transportation Authority Board of Directors this 3rd day of November 2016, by the following votes:
AYES: DIRECTORS
NOES: DIRECTORS
ABSENT: DIRECTORS
______Cindy Chavez, Chairperson Board of Directors
ATTEST:
______Elaine Baltao, Board Secretary
APPROVED AS TO FORM:
______Robert Fabela General Counsel
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Monitoring of System-Wide Service Standards & Policies
VTA Title VI Program November 2016 16.c
VTA Title VI Program (2014-2017) Monitoring of System-Wide Service Standards & Policies September 13, 2016
1.0 Overview
As outlined in Title VI Circular 4702.1B and Environmental Justice Circular 4703.1, the Federal Transit Administration (FTA) requires that all fixed route transit providers establish and monitor a set of system-wide service standards and policies that can be used to measure system performance and ensure that transit services are being provided in a fair and equitable manner. The purpose of this document is to present the results of VTA’s service monitoring program and identify any performance deficiencies that may bear a disproportionately negative effect on VTA’s minority passengers.
There are two components of the Title VI monitoring program: the System-Wide Service Standards and the System-Wide Service Policies. The System-Wide Service Standards are used to compare the performance of VTA bus and light rail lines that are primarily used by minority passengers (“minority routes”) with lines that serve a greater proportion of non-minority passengers (“non-minority routes”). Conversely, the System-Wide Service Policies are designed to monitor vehicle assignment procedures and the distribution of transit amenities to ensure that such practices are not conducted in a discriminatory manner.
As demonstrated in the subsequent analyses, VTA performs exceptionally well in terms of the amount and quality of service it provides to minority populations. Due to the high ridership levels on bus and light rail lines serving minority areas, minority passengers generally enjoy shorter average headways, longer service spans, and additional vehicle capacity. Moreover, VTA’s vehicle assignment and transit amenity distribution practices, which are also ridership-based, ensure that minority areas benefit from the equitable allocation of transit resources.
2.0 System-Wide Service Standards:
In accordance with FTA Title VI requirements, VTA regularly monitors the performance of its fixed bus and light rail routes relative to its board-adopted System-Wide Service Standards to ensure that minority and non-minority routes are being operated in a fair and equitable manner. The VTA System-Wide Service Standards, which were adopted by the VTA Board of Directors on November 7, 2013, provide a series of performance benchmarks for the various route categories based on the following five service indicators: . Vehicle Load; . Vehicle Headways; . On-Time Performance; . Service Availability; and . Ridership Productivity
The performance indicators in this report are based on the March 2016 data to represent the monthly average activity. One of the most significant benefits of using March data is that it accounts for the passenger activity while schools are in session and it also avoids high number of vacation due to absence of national holidays. Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 1
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2.1 Route Categories
In order to evaluate the performance of the different types of VTA transit service based on the five indicators listed above, each VTA bus and light rail line is classified as belonging to one of the following six route categories:
1. Core. Core bus routes provide high-frequency service with extended hours of operation to some of the busiest corridors in the region. The routes are longer and connect major trip generators such as universities, regional shopping malls, and high-density housing and employment areas.
2. Local. Local bus service usually operates on medium-length corridors and offers slightly lower levels of service. These routes will often serve smaller trip generators such as schools, hospitals, small shopping centers, and medium- density housing and employment sites.
3. Community Bus/Shuttles. Community bus routes are typically shorter and operate with less frequent service. These routes tend to operate within specific neighborhoods and connect smaller trip generators with light rail stations, transit centers, and other nearby destinations. Shuttles which are operated or managed by VTA are included in this category.
4. Express/Limited Stop. Express and Limited Stop bus routes provide quicker, more direct service along major corridors and to large employment centers. These routes are designed for commuters and typically only operate during weekday peak periods.
5. Bus Rapid Transit. BRT routes provide enhanced, rapid, high-frequency service in major transit corridors. VTA plans to introduce the first of its two planned BRT routes in 2015.
6. Light Rail. Light rail trains operate on dedicated tracks in San Jose, Campbell, Santa Clara, Milpitas, Mountain View and Sunnyvale.
Table 1 – Summary of Route Categories & Title VI Designations
Route Category Minority Non-Minority Total Core 18 0 18 Local 11 6 17 Community Bus 12 7 19 Express 11 1 12 Limited Stop 4 0 4 Light Rail 2 1 3 Bus Subtotals 56 14 70 Light Rail Subtotals 2 1 3 Total 58 15 73 79.5% 20.5% 100.0%
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 2
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As shown above in Table 1, the current VTA system is comprised of 18 core routes, 17 local routes, 19 community bus/shuttle routes, 12 express lines, four limited stop routes, and three light rail lines. A route listing that identifies the route category of each bus and light rail line is included as Table 2.
2.2 Minority Routes
As part of the Title VI service monitoring evaluation procedure, each VTA bus and light rail line is also designated as either a “minority route” or a “non-minority route”. The FTA definition of a “minority route” is “a route that has at least 1/3 of its revenue mileage in a Census Block or block group, or traffic analysis zone(s) with a percentage of minority population that exceeds the percentage of minority population in the transit service area.”
Based on this definition, 56 of the 70 current VTA bus routes and two of the three light rail lines are classified as minority routes. This information is summarized in Table 1 and listed by route in Table 2.
Table 2 – Route Categories & Title VI Designations for All VTA Routes
Line Route Category Title VI Designation Line Route Category Title VI Designation 10 Local Minority 64 Core Minority 12 Local Minority 65 Community Bus Minority 13 Community Bus Non-Minority 66 Core Minority 14 Community Bus Minority 68 Core Minority 16 Community Bus Non-Minority 70 Core Minority 17 Community Bus Minority 71 Core Minority 18 Community Bus Minority 72 Core Minority 19 Community Bus Minority 73 Core Minority 22 Core Minority 77 Core Minority 23 Core Minority 81 Local Minority 25 Core Minority 82 Local Minority 26 Core Minority 88 Community Bus Non-Minority 27 Local Non-Minority 89 Local Non-Minority 31 Local Minority 101 Express Minority 32 Community Bus Minority 102 Express Non-Minority 34 Community Bus Minority 103 Express Minority 35 Local Non-Minority 104 Express Minority 37 Community Bus Non-Minority 120 Express Minority 39 Community Bus Minority 121 Express Minority 40 Local Non-Minority 122 Express Minority 42 Community Bus Minority 140 Express Minority 45 Community Bus Minority 168 Express Minority 46 Local Minority 180 Express Minority 47 Local Minority 181 Express Minority 48 Community Bus Non-Minority 182 Express Minority 49 Community Bus Non-Minority 200 Community Bus Minority 52 Local Non-Minority 201* Community Bus Minority 53 Local Minority 304 Limited Stop Minority 54 Local Minority 321 Limited Stop Minority 55 Core Minority 323 Core Minority 57 Local Minority 328 Limited Stop Minority 58 Local Minority 330 Limited Stop Minority 60 Core Minority 522 Core Minority 61 Core Minority 900 Light Rail Non-Minority 62 Core Minority 901 Light Rail Minority 63 Local Non-Minority 902 Light Rail Minority ACE** Community Bus Non-Minority *Line 201 is the DASH shuttle serving downtown San Jose. **Includes all ACE rail shuttles serving the Great America Station. Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 3
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2.3 Vehicle Loads
To prevent overcrowding and identify when additional service may be needed, VTA monitors load factor data for all of its bus and light rail service. The load factor for each route is calculated based on the average peak load of each trip on a route during the specified weekday time periods. Weekend loads are less constrained by vehicle availability, so Saturday and Sunday load factors are not included in this analysis. The average weekday maximum load factors are summarized by time period in Figure 1 and Table 3.
As shown in Figure 1, minority routes demonstrate a slightly higher load factor during peak periods and middays at the system-wide level. Table 3 depicts the average load factors by route category to provide a more detailed comparison between minority and non-minority routes. This analysis shows that among all bus lines, the minority routes tend to have slightly higher load factors during peak and midday periods. This is most likely due to the higher ridership productivity on minority bus routes as compared to non-minority routes. The notable exception to this trend is non-minority routes on community bus has a slightly higher average peak load factor than the minority community bus. However, since none of the bus route categories exceed the VTA load factor standards, there are no overcrowding concerns that need to be addressed.
Among the three light rail lines, the two minority lines maintain average peak loads of 0.41, while the non-minority light rail line, a short line with unique operational characteristics serving three stations, demonstrates a peak load factor of 0.07. Since neither the minority nor non-minority light rail lines surpass the light rail load factor standards, this discrepancy is evidence of the healthy ridership productivity on the minority light rail lines and is not considered to be a service deficiency for minority riders.
Figure 1 – VTA System-Wide Average Vehicle Loads
Source: VTA APC data, March 2016
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 4
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Table 3 – Average Vehicle Loads by Route Category and Title VI Designation
Seated AVERAGE MAX LOAD FACTORS (WEEKDAY) Route Category Title VI Route Designation Lines Vehicle Peak Periods Midday Capacity Average Standard Average Standard
Core Minority Routes 18 57/37 0.41 1.20 0.43 1.00 Non-Minority Routes 0 - - 1.20 - 1.00 All Core Routes 18 57/37 0.41 1.20 0.43 1.00
Local Minority Routes 10 37 0.32 1.20 0.30 1.00 Non-Minority Routes 6 37 0.27 1.20 0.25 1.00 All Local Routes 16 37 0.30 1.20 0.28 1.00
Community Bus Minority Routes 11 25 0.27 1.20 0.26 1.00 Non-Minority Routes 6 25 0.28 1.20 0.25 1.00 All Community Bus Routes 17 25 0.27 1.20 0.26 1.00
Express Minority Routes 11 39 0.56 1.00 0.34 1.00 Non-Minority Routes 1 39 0.54 1.00 - 1.00 All Express Routes 12 39 0.56 1.00 0.34 1.00
Limited Stop Minority Routes 4 37 0.39 1.00 - 1.00 Non-Minority Routes 0 37 - 1.00 - 1.00 All Limited Stop Routes 4 37 0.39 1.00 - 1.00
All Buses Minority Routes 54 - 0.39 - 0.34 - Non-Minority Routes 13 - 0.30 - 0.25 - All Bus Routes 67 - 0.38 - 0.32 -
All Light Rail Minority Routes 2 65 0.41 1.20 0.36 1.00 Non-Minority Routes 1 65 0.07 1.20 0.06 1.00 All Light Rail Routes 3 65 0.30 1.20 0.26 1.00
VTA System Minority Routes 56 - 0.39 - 0.34 - Non-Minority Routes 14 - 0.30 - 0.25 - All VTA Routes 70 - 0.37 - 0.32 -
NOTES: (1) Lines 12 and 200 not included in calculations since neither operates during peak or midday periods. (2) Average max load factors based on March 2016 ridership data. (3) ACE shuttles are not included in the loads calculations.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 5
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2.4 Vehicle Headways
VTA defines headways as the average length of time between the scheduled arrival times of subsequent vehicles on a specific route. Vehicle headways are set and adjusted based primarily on ridership demand.
The vehicle headways for all VTA bus and light rail lines by route category and Title VI minority designations are summarized in Figure 2 and Table 4. On a system-wide level, the average vehicle headways for minority routes are significantly lower than the average vehicle headways for non-minority routes. Therefore, minority routes benefit from more frequent service than their corresponding non-minority routes.
Figure 2 – VTA System-Wide Average Vehicle Headways 60
50
40
30
20
10
Average Average Headway (Minutes) 25.5 38.1 30.9 42.3 37.6 49.3 37.4 53.6 0 Weekday (Peaks) Weekday (Midday) Saturday Sunday Minority Routes Non-Minority Routes
Source: VTA Bus & Light Rail Schedules, March 2016
As shown in Table 4, minority bus routes operate with comparable or shorter headways than non-minority routes for virtually all of the route categories and service periods. During peak weekday periods, minority bus routes arrive every 26 minutes on average, as compared to every 40 minutes for non-minority bus routes. Each of the bus route categories operates with average headways that are comparable to or below the corresponding vehicle headway standards.
Light rail service also operates with average headways that are consistent with the pre- determined vehicle headway standards. Both the minority and non-minority light rail lines provide service with 15-minute headways during the weekday peak periods. However, the minority light rail lines operate with average headways that are longer than the non-minority light rail line during several of the non-peak periods shown in Table 4. This discrepancy is due to the disparate operational characteristics of the three light rail routes; the two minority light rail lines – Mountain View-Winchester and Santa Teresa-Alum Rock - provide 15-30 minute headways, 19-20 hours per day, to a combined 60 stations along over 40 miles of track. By comparison, the non-minority light rail line, Almaden-Ohlone/Chynoweth, provides 15-minute service, 14-17 hours per day, to only three stations along 1.2 miles of track. Due to the short length of the non- minority line, the provision of 15-minute headways is operationally feasible at no cost of adding extra vehicles during the non-peak periods.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 6
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Table 4 – Average Vehicle Headways by Route Category and Title VI Designation
WEEKDAY SATURDAY SUNDAY Route Category Title VI Route Designation Lines Span Peak Headway (minutes) Midday Headway (minutes) Span Headway (minutes) Span Headway (minutes) (hours) Average Standard Average Standard (hours) Average Standard (hours) Average Standard
Core Minority Routes 18 17.7 16.1 15.0 20.5 60.0 16.1 28.5 60.0 15.8 31.3 60.0 Non-Minority Routes 0 0.0 0.0 15.0 0.0 60.0 0.0 0.0 60.0 0.0 0.0 60.0 All Core Routes 18 17.7 16.1 15.0 20.5 60.0 16.1 28.5 60.0 15.8 31.3 60.0
Local Minority Routes 11 14.8 31.5 60.0 35.0 60.0 11.8 43.3 60.0 11.2 42.9 60.0 Non-Minority Routes 6 14.6 30.0 60.0 36.0 60.0 11.1 52.5 60.0 9.3 60.0 60.0 All Local Routes 17 14.7 30.9 60.0 35.4 60.0 11.4 46.2 60.0 10.5 49.1 60.0
Community Bus Minority Routes 11 12.0 38.5 60.0 43.2 60.0 8.8 60.0 60.0 8.1 60.0 60.0 Non-Minority Routes 6 11.9 50.0 60.0 54.0 60.0 11.0 60.0 60.0 7.5 60.0 60.0 All Community Bus Routes 17 12.5 40.0 60.0 46.1 60.0 9.5 60.0 60.0 7.9 60.0 60.0
All Buses Minority Routes 40 15.3 26.0 - 31.3 - 13.4 38.6 - 13.5 38.5 - Non-Minority Routes 12 13.3 40.0 - 45.0 - 11.1 55.0 - 8.7 60.0 - All Bus Routes 52 14.9 29.4 - 34.2 - 12.8 39.6 - 12.4 40.6 - .
All Light Rail Minority Routes 2 20.0 15.0 15.0 22.5 60.0 19.3 22.5 60.0 19.0 22.5 60.0 Non-Minority Routes 1 16.5 15.0 15.0 15.0 60.0 14.0 15.0 60.0 14.0 15.0 60.0 All LigIt Rail Routes 3 18.8 15.0 15.0 20.0 60.0 17.5 20.0 60.0 17.3 20.0 60.0
VTA System Minority Routes 42 15.6 25.5 - 30.9 - 13.8 37.6 - 13.9 37.4 - Non-Minority Routes 13 13.5 38.1 - 42.3 - 11.5 49.3 - 9.4 53.6 - All VTA Routes 55 15.1 28.6 - 33.4 - 13.2 38.2 - 12.8 38.9 -
NOTES: (1) Average headways based upon March 2016 VTA scIedules. (2) Express routes, limited stop buses and ACE rail shuttles are not included in headway calculations due to the small number of trips that are provided for each line.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 7
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2.5 On-Time Performance
VTA monitors on-time performance on a regular basis to determine if running time changes are needed and to ensure the highest levels of service reliability. As part of the quarterly schedule update process, running times are reviewed and adjusted as warranted by changing traffic conditions. For bus routes, “on time” is defined as arriving no more than three minutes before or five minutes after the scheduled arrival time. Light rail trips are considered to be “on time” if the train arrives less than one minute before or five minutes after the scheduled arrival time.
The on-time performance of the VTA bus and light rail system is summarized in Figure 3 and Table 5. As shown in Figure 3, all bus system and minority routes on the light rail currently do not meet the system-wide on-time performance standard of 92.5 percent. Although the on-time performance of VTA’s minority bus routes is slightly lower than the on-time performance of the non-minority bus routes, the difference is minimal and is largely due to the fact that many minority routes operate in major regional corridors with increased ridership- and congestion-related delays.
As noted in the previous section, the on-time performance discrepancies between the minority and non-minority light rail lines are the result of the operating characteristics of the Almaden-Ohlone/Chynoweth line, which travels an extremely short distance and encounters a minimal number of at-grade road crossings. Due to these factors, the on- time performance of the one non-minority light rail line is higher than the on-time performance of VTA’s two minority light rail lines. Additionally, VTA is currently working with City of San Jose and Santa Clara to resolve the traffic signal priority issue along the North First Street and Tasman Drive where heaviest delays occur on the light rail system. These mitigation measures will increase the on-time performance level for both Mountain View-Winchester and Santa Teresa-Alum Rock lines.
Figure 3 – VTA System-Wide On-Time Performance
92.5% OTP Standard
Source: VTA APC data, March 2016
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 8
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Table 5 – On-Time Performance by Route Category and Title VI Designation
On Time Performance (Weekday) Route Category Title VI Route Designation Lines Average Standard
Core Minority Routes 18 87.1% 92.5% Non-Minority Routes 0 - 92.5% All Core Routes 18 87.1% 92.5%
Local Minority Routes 11 89.9% 92.5% Non-Minority Routes 6 88.0% 92.5% All Local Routes 17 89.3% 92.5%
Community Bus Minority Routes 12 91.0% 92.5% Non-Minority Routes 6 92.0% 92.5% All Community Bus Routes 18 91.3% 92.5%
Express Minority Routes 11 87.7% 92.5% Non-Minority Routes 1 82.4% 92.5% All Express Routes 12 87.4% 92.5%
Limited Stop Minority Routes 4 82.8% 92.5% Non-Minority Routes 0 - 92.5% All Limited Stop Routes 4 82.8% 92.5%
All Buses Minority Routes 56 87.8% 92.5% Non-Minority Routes 13 89.1% 92.5% All Bus Routes 69 87.9% 92.5%
All Light Rail Minority Routes 2 80.2% 92.5% Non-Minority Routes 1 95.8% 92.5% All Light Rail Routes 3 34.7% 92.5%
VTA System Minority Routes 58 86.3% 92.5% Non-Minority Routes 14 89.8% 92.5% All VTA Routes 72 78.1% 92.5%
NOTES: (1) Based on March 2016 VTA On-Time Performance data. (2) ACE shuttles are not included in On-Time Performance calculations
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 9
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2.6 Service Availability
As outlined in the agency’s Transit Sustainability Policy, VTA utilizes a ridership-based approach to service provision and availability. To supplement this approach and comply with Title VI monitoring requirements for service availability, VTA also analyzes the average stop spacing distances of minority and non-minority routes. A summary of the results of this analysis is depicted in Figure 4 and Table 6.
As shown in Figure 4 and Table 6, VTA’s minority bus lines provide service with average stop spacing distances that are slightly higher than the corresponding non-minority routes. This is largely due to the fact that the average stop spacing distances for minority routes is skewed by Line 323, the Rapid 522, and the four limited-stop bus routes (Lines 321, 323, 328 and 330). The increased distance between stops on these six routes is designed to reduce travel time and stop-related delays. Additionally, the service on Line 323 and the Rapid 522 are complemented by the local service on Lines 23 and 22, which have closer stop spacing along the same service corridors and, as a result, providing additional choices of services to the riders. If these six routes were removed from the analyses, the average stop spacing distance for both minority and non- minority bus routes would be 0.26 miles. Therefore, the service availability discrepancy between minority and non-minority bus routes does not represent a reduced level of service for minority populations.
The average stop spacing on the two minority light rail lines is 0.59 miles, which is consistent with the 0.66-mile standard for light rail. The non-minority light rail line (Almaden-Ohlone/Chynoweth) features an average stop spacing distance of 0.39 miles due to its unique operating characteristics described in previous sections. Although the average stop spacing is higher on the minority routes, the Mountain View- Winchester and Santa Teresa-Alum Rock lines cover geographically larger areas with substantially higher number of stops. If they were to increase number of stops to shorten the stop spacing distance, the light rail service will be considerably slowed down and adversely affect the quality of the service to the riders. Consequently, the difference between the average stop spacing distances of minority and non-minority light rail lines does not reflect a diminished level of service availability for minority populations.
Figure 4 – VTA System-Wide Average Stop Spacing
0.70 0.60 0.50 0.40 0.30 0.20 0.10 0.28 0.26 0.59 0.39 0.29 0.26 Average Average Spacing Stop (miles) 0.00 Bus Light Rail VTA System Minority Routes Non-Minority Routes
Source: VTA System data, March 2016
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 10
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Table 6 – Average Stop Spacing by Route Category and Title VI Designation
Stop Spacing (mi) Route Category Title VI Route Designation Lines Average Standard
Core Minority Routes 18 0.26 0.25 Non-Minority Routes 0 - 0.25 All Core Routes 18 0.26 0.25
Local Minority Routes 11 0.25 0.25 Non-Minority Routes 6 0.24 0.25 All Local Routes 17 0.25 0.25
Community Bus Minority Routes 12 0.28 0.25 Non-Minority Routes 6 0.29 0.25 All Community Bus Routes 18 0.28 0.25
Limited Stop Minority Routes 4 0.49 0.50 Non-Minority Routes 0 - 0.50 All Limited Stop Routes 4 0.49 0.50
All Buses Minority Routes 45 0.28 - Non-Minority Routes 12 0.26 - All Bus Routes 57 0.28 -
All Light Rail Minority Routes 2 0.59 0.66 Non-Minority Routes 1 0.39 0.66 All Light Rail Routes 3 0.58 0.66
VTA System Minority Routes 47 0.29 - Non-Minority Routes 13 0.26 - All VTA Routes 60 0.29 -
NOTES: (1) Stop spacing distances based on March 2016 VTA system data. (2) Stop spacing on Express routes varies significantly and is therefore not included. (3) ACE shuttles are not included in the stop spacing calculations.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 11
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2.7 Ridership Productivity
The VTA Transit Sustainability Policy, adopted by the VTA Board of Directors in 2007 and updated in 2010, identifies a series of ridership-based standards that are used to monitor and evaluate route performance. Based on historical ridership and staff analyses, the primary standard for measuring service performance is boardings per revenue hour.
As depicted in Figure 5, VTA’s minority routes draw higher overall ridership productivity levels than their corresponding non-minority routes. Although the ridership standards shown in Table 7 are not always met, the minority routes generate more boarding per revenue hour than non-minority routes on weekdays, Saturdays, and Sundays for every route category.
As shown in Table 7, minority bus routes outperform non-minority bus routes by over 46 percent on weekdays, while the minority light rail lines record 32 percent more weekday boardings per hour than the non-minority light rail line. Although the weekend data is more limited, the ridership productivity is still consistently higher for minority routes than it is for non-minority routes. These trends demonstrate that minority routes have consistently higher ridership productivity than their corresponding non- minority routes for all modes, route types, and service days.
Figure 5 – VTA System-Wide Ridership Productivity
60.0
50.0
40.0
30.0
20.0
10.0 BoardingsRevenue Per Hour 51.0 27.2 45.2 41.5 41.2 36.8 0.0 Weekday Saturday Sunday
Minority Routes Non-Minority Routes
Source: VTA APC data, March 2016
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 12
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Table 7 – Ridership Productivity by Route Category and Title VI Designation
Ridership Productivity (Boardings Per Revenue Hour) WEEKDAY SATURDAY SUNDAY Route Category Title VI Route Designation Lines Standard based on Standard based on Average Average Average Standard TOPR Q3, FY2016 TOPR Q3, FY2016
Core Minority Routes 18 25.7 25.7 19.6 22.7 18.9 21.5 Non-Minority Routes 0 - 25.7 - 22.7 - 21.0 All Core Routes 18 25.7 25.7 19.6 22.7 18.9 21.5
Local Minority Routes 11 18.6 18.9 15.9 16.3 18.7 17.8 Non-Minority Routes 6 17.2 18.9 15.0 16.3 14.3 17.8 All Local Routes 17 18.2 18.9 15.7 16.3 17.5 17.8
Community Bus Minority Routes 12 18.2 15.9 15.3 15.0 18.0 15.0 Non-Minority Routes 6 14.6 15.9 11.1 15.0 8.4 15.0 All Community Bus Routes 18 17.0 15.9 14.0 15.0 13.8 15.0
Express Minority Routes 11 17.2 15.5 19.5 23.8 19.0 23.5 Non-Minority Routes 1 15.9 15.5 - 23.8 - 23.5 All Express Routes 12 17.1 15.5 19.5 23.8 19.0 23.5
Limited Stop Minority Routes 4 10.4 15.0 - - Non-Minority Routes 0 - 15.0 - - All Limited Stop Routes 4 10.4 15.0 - -
All Buses Minority Routes 56 23.4 18.2 19.1 - 20.3 - Non-Minority Routes 13 16.3 18.2 14.3 - 13.1 - All Bus Routes 69 22.8 18.2 18.9 - 20.0 -
All Light Rail Minority Routes 2 87.3 71.0 67.1 64.9 54.0 55.7 Non-Minority Routes 1 59.5 71.0 66.3 64.9 49.5 55.7 All Light Rail Routes 3 86.2 71.0 67.1 64.9 53.8 55.7
VTA System Minority Routes 58 51.0 - 45.2 - 41.2 - Non-Minority Routes 14 27.2 - 41.5 - 36.8 - All VTA Routes 72 49.4 - 45.0 - 41.0 -
NOTES: (1) Based on March 2016 VTA ridership data. (2) ACE shuttles are not included in the ridership productivity calculations
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 13
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3.0 System-wide Service Policies
These policies are intended to provide guidance and instruction to ensure that vehicle assignment and passenger amenity distribution practices do not result in discrimination on the basis of race, color or national origin.
3.1 Vehicle Assignment
The VTA bus fleet features 425 active vehicles divided between three different bus divisions – Chaboya, North and Cerone. The bus fleet includes a mix of five different vehicle types: standard 40-foot diesel buses, 30-foot gasoline community buses, 40-foot hybrid-powered buses, 40-foot hybrid-powered express buses and 60-foot articulated, diesel-powered buses. Buses are assigned to the three divisions based on the operational or ridership characteristics of the nearby routes, division capacity, and geographical distribution so that the total time required for the buses and operators to travel between the bus yard and the route is minimized as much as possible.
VTA maintains extremely high safety standards and closely monitors the age and condition of its vehicles to determine when new buses are needed, and to guarantee that buses are equitably distributed between the three divisions. As shown in Figure 6, the average vehicle age of the active bus fleet is 10.72 years. The average vehicle age of each of the three bus divisions – Cerone, Chaboya and North – are 11.39 years, 11.63 years, and 8.9 years, respectively. The average vehicle ages at Cerone and Chaboya are higher than the system-wide average fleet age, but 44 new vehicles are expected to arrive by January 2017 which will replace same number of vehicles that are currently operate out of the Cerone and Chaboya Divisions. VTA anticipates decrease in the average vehicle ages at the two bus divisions with the fleet replacement.
The VTA light rail fleet is maintained at the Guadalupe Yard and includes 99 vehicles. All 99 light rail vehicles were acquired as part of the same series, are roughly the same age, and are distributed between the three light rail lines based on ridership demand. As shown in Figure 6, the average light rail vehicle is 13 years old.
Figure 6 – Average Vehicle Age by Division
14.00
12.00 10.72 years 10.00 (Bus Fleet Average Age) 8.00
6.00
4.00
2.00 11.39 11.63 8.90 10.72 13.00 0.00 Cerone Chaboya North Bus Fleet LRT Fleet
Source: VTA System data, March 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 14
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3.2 Transit Amenities
VTA provides a wide array of transit amenities which include bus shelters, benches, trash cans, lighting, and posted stop-specific schedule information. VTA is also in the process of implementing a real-time information system that will inform passengers when the next bus or train will arrive. These amenities are distributed throughout the service area based on ridership, staff analysis and customer requests.
VTA staff monitors the locations of all transit amenities to ensure that they are equitably distributed to minority areas. The following sections summarize the findings of these analyses for each type of passenger amenity.
Bus Shelters
Bus Shelters are provided at over 800 stops throughout the VTA system. The installation of bus shelters is generally based upon ridership levels and staff input. Spatial constraints may also limit where bus shelters can and cannot be installed.
As depicted in Figure 7, VTA’s bus shelters are distributed throughout the service area. The census tracts with minority percents that are above the service area average are shown as the two darker shades of orange. The majority of VTA bus stops with shelters appear to be located in these “high” and “highest” minority areas.
Benches
Benches are provided at nearly 2,000 stops throughout the VTA system. The installation of benches is based upon ridership levels, customer requests and staff input. Stops located near medical and senior facilities are also furnished with benches as much as possible.
Figure 8 shows the locations of all VTA stops with benches relative to the census tracts with minority percents that are above the service area average. Based on this map, the benches appear to be distributed evenly throughout the service area.
Trash Cans
Trash cans are installed and maintained at over 800 stops in the VTA system. The trash cans are distributed based on ridership levels, customer requests, maintenance considerations and staff input.
Figure 9 shows the locations of all VTA stops with trash cans relative to the census tracts with minority percents that are above the service area average. Based on this map, the trash cans appear to be distributed evenly throughout the service area.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 15
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Figure 7 – VTA Stops with Shelters
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 16
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Figure 8 – VTA Stops with Benches
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 17
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Figure 9 – VTA Stops with Trash Cans
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 18
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Lighting
As part of its focus on passenger safety, VTA installs lighting at many of its bus stop locations. Additional solar-powered lights have been added to stops throughout the service area to promote safety and energy-efficiency. The distribution of lighting fixtures is primarily based upon ridership, customer requests, safety considerations, and staff recommendations.
Figure 10 shows the locations of all VTA stops with standard and solar-powered lighting amenities relative to the census tracts with minority percents that are above the service area average. These standard lighting fixtures appear to be distributed evenly throughout the service area. The solar-lighting fixtures, however, are concentrated in southeast San Jose and – to a lesser extent – the South County area. Since both of these areas have a minority percent that is above the service area average, minority populations are benefitting more than non-minority populations from the current distribution of solar-powered lighting amenities.
Posted Schedule Information
VTA currently features stop-specific “information signs” at about 140 bus stops. These information signs provide scheduled departure times for all trips departing from the stop. The installation of information signs is generally based upon ridership, transfer activity, and staff input. Signs are typically also provided for stops with intermodal or interagency transfers.
Figure 11 shows the locations of all VTA information signs relative to the census tracts with minority percents that are above the service area average. These posted schedules appear to be distributed evenly throughout the service area.
Real-Time Information Signs
VTA is continuously implementing a real-time information system that provides up-to- the-minute information on bus and light rail arrival times. Passengers are able to use computers or mobile devices to look up when the next bus is due to arrive at a specific bus stop. Every bus stop in the system has a unique Real Time Stop ID which passengers can use to find out when the next bus is due to arrive.
As of July 2016, VTA has installed Real-Time Message Displays at 26 Light Rail Stations and 109 bus stops throughout the system. The locations of these real-time signs, shown in Figure 12, were determined based on ridership data, transfer activity, operational considerations, and staff recommendations. The locations of a real-time information displays are appear to be distributed evenly throughout the service area and include many above-average minority areas.
Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 19
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Figure 10 – VTA Stops with Lighting Fixtures
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 20
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Figure 11 – VTA Stops with Information Signs
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 21
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Figure 12 – VTA Stops with Real-Time Message Signs
Source: VTA System data, July 2016 Monitoring of VTA Title VI System-Wide Service Standards & Policies Page 22
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Date: October 13, 2016 Current Meeting: October 20, 2016 Board Meeting: N/A
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Interim Director - Planning & Program Development, Carolyn M. Gonot
SUBJECT: 2016/2017 VTA On-board Survey Questionnaire
FOR INFORMATION ONLY
BACKGROUND: The Santa Clara Valley Transportation Authority (VTA) and the Metropolitan Transportation Commission (MTC) are collaborating on the development and implementation of a survey of VTA transit passengers. The survey is scheduled for Fall 2016 through Spring 2017. This new survey will update the previous VTA system on-board survey completed in 2013. The primary objective of the survey is to gather data, include providing VTA and MTC with robust information on the travel patterns of VTA passengers, fulfilling the ‘Before’ conditions of the FTA Before and After Study requirements for the BART Berryessa Extension New Starts Project, and supporting Title VI equity and Limited English Proficiency (LEP) analyses. The survey results will also be used to update the VTA travel demand models to support FTA New Starts ridership forecasts for the second phase of the BART Silicon Valley Extension. We anticipate collecting the following, at a minimum: Full one-way trip sequence of passengers, including origin location, access mode(s) to VTA transit vehicles, VTA transit vehicle boarding location, VTA transit vehicle alighting location, egress mode(s) from VTA transit vehicle, and the destination location.
VTA trip characteristics (trip purpose, fare media used, etc.).
Demographics (race, ethnicity, income level, gender, age, disability, English proficiency/primary language, household characteristics such as household size, number of household vehicles, etc.).
MTC is providing 80 percent of the total funding for the survey effort, with the remaining 20 percent provided by VTA. Three surveying firms from the list of MTC On-Call survey
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 17
consultants were invited to bid on the VTA on-board survey project. Of the three firms, the consulting firm of ETC Institute, headquartered in Kansas City, Missouri, was selected, as they have considerable experience surveying local transit agencies, having completed the BART and Caltrain system surveys and are currently implementing the MUNI systemwide on-board survey. In addition to relevant experience, ETC Institute offered a sophisticated survey methodology that enables the collection of very accurate geographical information on rider travel patterns - a critical requirement for detailed analysis of the rider travel patterns. The consultant work will include developing the methodology and sampling plan, developing a survey questionnaire (also known as the survey instrument) conducting the fieldwork, processing the data (data entry, coding, geocoding, editing/cleaning, weighting), producing the final data file, and preparing the final report with high level data summaries and maps of relevant passenger demographic and travel characteristics. DISCUSSION: A key task of the comprehensive on-board survey is the development of the survey instrument, which is basically the set of questions that will be asked of transit riders. When the previous 2013 on-board survey results and findings were presented to the Board of Directors, there was discussion regarding the types of questions that were asked of transit riders. At the conclusion of the presentation of the 2013 on-board survey, it was determined that Board members would be provided with an opportunity to review the next survey instrument in future on-board survey efforts prior to implementation in the field. Currently, a draft set of survey questions for the 2016/2017 survey has been developed by VTA staff and is provided as an attachment to this memorandum. The draft survey instrument was developed based on survey questions from previous VTA on-board surveys, a similar survey developed for San Francisco MUNI, comments received from the On-board Survey Project Working Group and comments from VTA management. One of the challenges with developing the survey questions is to ensure that the questions provide a good balance with obtaining key information on trip travel patterns, in particular trip origin, destination, trip purpose and mode of access and egress as well as the socio-demographic characteristics of the riders (income, ethnicity, language proficiency) and other attitudinal questions such as satisfaction with existing services. In addition, the survey cannot be too long to implement, which could cause survey respondents to provide incomplete information. The draft instrument was designed with these requirements in mind. As the survey is funded primarily by MTC, it is a requirement that key questions on travel patterns be included without modification. MTC also reserves the right to make recommendations to not include a significant number of additional questions that could add risk to the project success, however, MTC staff has indicated that they intend to be responsive to local needs when developing the survey instrument. If a large number of added questions are desired over and above the data collection objective of this survey, then staff would recommend that another type of survey be developed and implemented outside of the current effort. VTA is requesting comments from the Board members on the draft set of survey questions provided in the attachment to this memorandum. VTA staff will review the comments and
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working with MTC staff, prepare a final draft set of questions for the survey pretest. The survey will then be finalized after analysis of the survey pretest. The project schedule is as follows: Task Description Schedule Survey Instrument - Initial Draft Week of October 10th - 14th Survey Instrument - Revised Draft w/Board Comments Week of October 17th - 21st On-Board Survey Begins - Pretest and First Wave Week of October 24th - Dec. 12th On-Board Survey Continues - Second Wave Week of January 23rd - May 12 2017
Prepared By: George Naylor Memo No. 5781
Page 3 of 3 DRAFT 1 October 11, 2016 17.a
(for office use only) Route Code: Time: am / pm Interviewer: Serial #: Please take a few moments to help VTA plan for your transit needs by filling out this survey. All responses to this survey will be kept strictly confidential and WILL NOT be shared or sold. What is your HOME ADDRESS: (please be specific, ex: 123 W. Main St): (If you are visiting the area, please list the address where you are staying)
______Street Address City State Zip Code
COMING FROM? GOING TO?
1. What type of place are you 5. What type of place are you COMING FROM NOW? GOING TO NOW? (the starting place for your one-way trip) (the ending place for your one-way trip) Your usual WORKPLACE Your usual WORKPLACE Work related Work related Your HOME Go to Question #3 Your HOME Go to Question #7 Your hotel Hotel Residence (Visitor Only) Your hotel Hotel Residence (Visitor Only) Social or recreational Social or recreational Shopping Shopping School (K-12) (student only) School (K-12) (student only) College or University (student only) College or University (student only) Airport (airline passenger only) Airport (airline passenger only) Medical / dental Medical / dental Dining / coffee Dining / coffee Escorting others (escorting children and/or elderly) Escorting others (escorting children and/or elderly) Personal business Personal business Other: ______ Other: ______2. What is the EXACT ADDRESS of that 6. What is the EXACT ADDRESS of that place? (OR Intersection OR Place name if you do place? (OR Intersection OR Place name if you do not not know the exact address:) know the exact address:)
Address______Address______
City: ______State: ______Zip: ______City: ______State: ______Zip: ______
Intersection Cross Streets______Intersection Cross Streets______
Place name ______Place name______
3. How did you GET FROM the place in 7. How will you GET TO your destination Question #1 TO THE VERY FIRST bus or (listed in Question #6) after you get off the train you used for this one-way trip? LAST bus or train you will use for this one- Walked all the way: how far did you walk? ______blocks way trip? BIKE BIKE SHARE Personal Bike Walk all the way: how far did you walk? ______blocks Mobility Device for person with a disability______blocks BIKE BIKE SHARE Personal Bike Was dropped off using Uber, Lyft, or similar service Mobility Device for person with a disability______blocks Taxi Dropped off using Uber, Lyft, or similar service Was dropped off by someone – not a service Taxi Drove alone and parked Dropped off by someone – not a service Drove or rode with ____ others include yourself Drive alone Drive or ride with _____others including yourself 3a. Where did you get on the VERY FIRST bus or train you used for this one-way trip 7a. Where will you get off the VERY LAST (Write the nearest intersection / park-and-ride lot / rail bus or train you are using for this one-way station below): trip (Write the nearest intersection / park-and-ride lot / rail ______station below):
______4. Where did you get on THIS bus/train if it was not the VERY FIRST bus or train you used? 8. Where will you get off THIS bus/train if it is Please provide the nearest intersection / station name / park- not the VERY LAST bus or train used? and-ride lot:______Please provide the nearest intersection / station name / park- and-ride lot:______
9. INCLUDING THIS BUS/TRAIN, how many TOTAL BUSES/TRAINS will you use to make THIS ONE-WAY TRIP? One, only this bus/train Two Three Four or more
9a. Please list the routes and/or rail stations in the exact order you use them for this one-way trip.
START END
1st route #/rail station 2nd route/rail station 3rd route/rail station 4th route/rail station 5th route/rail station
10. Will you (or did you) make this same trip on exactly the same routes in the opposite direction today? No Yes - At what time did/will you leave for this trip in the opposite direction? ______:______am/pm (circle one)
Please continue on next page 11. How did you pay for this one-way trip? 17.a BY CLIPPER BY CASH / PAPER / OTHER BY MOBILE TICKET
Cash value on Clipper Cash 8-Hour Excursion Pass–Light Rail Only
VTA Monthly Pass on Clipper Light Rail Single Ticket Ride Express Bus Round Trip Pass
VTA EcoPass on Clipper Light Rail 8-Hour Excursion ticket Day Pass (Bus and Rail)
Caltrain Monthly Pass on Clipper Day Pass Token Exchange 49ers Express Light Rail Pass
ACE Monthly Pass on Clipper Other Transfer ______ Other mobile ticket______
SamTrans Monthly Pass on Clipper Other Pass ______
Other Monthly Pass on Clipper______VTA Employee/Dependent/Lifetime Pass
Did not buy ticket 12. What type of fare did you pay? Adult Senior (65+ years of age) Youth (5-18 years of age) Disabled/Medicare Card Holder (RTC)
13. How many working vehicles (auto or motorcycles) are available to your household? ______vehicles
13a. [If #13 is more than NONE] Could you have used one of these vehicles for this trip? Yes No
14. Including YOU, how many people live in your household? ______people
15. Including YOU, how many adults (age 16 and older) that are employed full or part time live in your household? ______people
16. Are you a student? (check the one response that BEST describes you) Not a student Yes – Full Time college/university Yes – K - 12th grade Yes – Part Time college/university Yes – vocational/technical/trade school Yes – other
16a. [If #16 is Yes] What is your college / university / school name:______
17. Are you a person with a disability? Yes No 17a. If #17 is Yes] Which of the following types of disabilities apply, if any (mark all that apply)? Vision Impairment or Blindness Hearing impairment Mobility disability declined Intellectual/cognitive impairment Psychiatric disability Other______
18. What year were you born? ______
19. Are you? (mark all that apply) American Indian / Alaska Native Black/African American Asian Native Hawaiian / Pacific Islander White Other: ______
20. What is your gender? Male Female Other: ______
21. Do you speak a language other than English at home? No Yes - Which language? ______IF YES: How well do you speak English? Very Well Well Less than well Not at all
22. In an average week, how often do you use VTA transit?
6 – 7 days a week 5 days a week 2 – 4 days a week 1 day a week
23. How long have you been using VTA transit?
More than 3 years 1 to 3 years Less than 1 year First time
24. If transit did not exist, how would you have made this trip? Drive alone Bike Walk Get a ride/carpool Paratransit/Outreach Would not have made this trip Other means (describe)______
25. Do you have a valid driver’s license? Yes No
26. Do you use a web-based or mobile phone-based trip planner to plan your trips on transit? No, I don’t use one Yes, using 511.ORG Yes, using Transit App Yes, Google Trip Planner accessed through VTA.ORG website Yes, Google Trip Planner accessed outside VTA.ORG website Yes, using other web or mobile applications (please describe) ______
27. Please Rate VTA on the following features (Circle your choice for each feature)
Poor Excellent 27a. Frequency of Service 1 2 3 4 5 27b. On-time Performance 1 2 3 4 5 27c. Personal Security/Safety 1 2 3 4 5 27d. Vehicle Cleanliness 1 2 3 4 5 27e. Quality or Stops/Stations 1 2 3 4 5 27f. Overall Transit Experience 1 2 3 4 5
28. How do you prefer to receive information from VTA (mark one)? VTA website (vta.org) Facebook Twitter Instagram LinkedIn Snapchat Youtube NextDoor Text messages Phone messages Other______
29. Which of the following media do you use or consume AT LEAST ONCE PER WEEK (mark all that apply)? Print newspapers Radio TV Internet/Websites Email Text messages Phone Facebook Twitter Instagram LinkedIn Snapchat Youtube NextDoor Blogs
30. Which of the following BEST describes your TOTAL ANNUAL HOUSEHOLD INCOME in 2015 before taxes? Below $10,000 $40,000 - $49,999 $100,000 - $149,999 $10,000-$24,999 $50,000 - $59,999 $150,000 - $199,999 $25,000-$34,999 $60,000 - $74,999 $200,000 or more THANK YOU FOR YOUR PARTICIPATION!
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Date: October 13, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Minority, Women, Disabled Veteran, and LGBT Business Enterprise Program – Status Update
FOR INFORMATION ONLY
BACKGROUND:
VTA adopted the Minority and Women-Owned Business Enterprise (MWBE) Program on August 28, 2014. On May 5, 2016, VTA Board expanded the program to include Disabled Veteran and LGBT businesses, referred collectively to as the Business Diversity Program (BDP). The BDP initiatives are to increase minority, women, Disabled Veteran, and LGBT business participation for locally funded contracts and to ensure that these businesses are afforded an equitable opportunity to compete on all VTA contracts and subcontracts.
DISCUSSION:
Since adoption, VTA has held significant outreach activities throughout Santa Clara County including meet and greet networking sessions with prime contractors, certification workshops, public agency contracting learning opportunities, and other support services to provide awareness of services available. These outreach efforts resulted in 69 new certified firms. Of these, 23%, or 16 certified firms, currently have contracts worth over $27 million with VTA, exceeding the 18% aspirational goal adopted by the VTA Board.
CONCLUSION:
VTA will continue its BDP initiatives in addition to partnering with other agencies to assist small, disadvantaged, minority, women, Disabled Veteran, and LGBT businesses with contracting opportunities.
Prepared By: Liz Brazil Memo No. 5778
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 19
Date: October 5, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Small Business Enterprise (SBE) Program - Status Update
FOR INFORMATION ONLY
BACKGROUND:
The Small Business Enterprise (SBE) Program is part of the state and federal statutory requirements for recipients of state and federal financial assistance from the Department of Transportation.
DISCUSSION:
VTA currently has a SBE annual goal of 19%. This goal is calculated using established formulas to ensure compliance with state regulations. VTA’s current annual goal attainment is 27%, exceeding its goal by 8%.
CONCLUSION:
VTA will continue with its program initiatives to increase SBE participation in its state and federally funded projects. VTA is currently partnering with other transportation agencies including the California High Speed Rail in its outreach efforts to encourage participation of small businesses in obtaining contract opportunities.
Prepared By: Liz Brazil Memo No. 5780
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300 20
Date: October 5, 2016 Current Meeting: October 20, 2016 Board Meeting: November 3, 2016
BOARD MEMORANDUM
TO: Santa Clara Valley Transportation Authority Administration & Finance Committee
THROUGH: General Manager, Nuria I. Fernandez
FROM: Director of Business Services, Alberto Lara
SUBJECT: Disadvantaged Business Enterprise (DBE) Program – Status Update
FOR INFORMATION ONLY
BACKGROUND:
The Disadvantaged Business Enterprise (DBE) Program is part of the federal statutory requirements for recipients of federal financial assistance from the Department of Transportation. DISCUSSION:
VTA currently has a DBE Triennial Overall Goal of 13%. This goal is calculated using established formulas to ensure compliance with Federal Transit Administration (FTA) grants. VTA’s current overall goal attainment is 15.2%, exceeding its goal by 2.2%.
CONCLUSION:
VTA will continue with its program initiatives to increase DBE participation in its federally funded projects, including VTA’s BART Silicon Valley Phase II Project.
Prepared By: Liz Brazil Memo No. 5779
3331 North First Street ∙ San Jose, CA 95134-1927 ∙ Administration 408.321.5555 ∙ Customer Service 408.321.2300