,:),I Report No:Meeting Date

17-189

August 9, 2017

Alameda-Contra Costa Transit District

STAFF RE PO RTTO:

FROM:

SUBJECT:

AC Transit Board of Directors

Michael A. Hursh, General Manager

Monthly Legislative Report

BRIEFING ITEM

RECOMMENDED ACTON(s)

Consider receiving the Monthly Legislative Report

BACKGROUND/RATIONALE

Federal Legislation Update

On Ju[y ].7, the House Appropriations Committee approved the Fisca] Year (FY) 2018transportation funding billby a vote of 31to 20. The billfullyfunds formula programs from theMass Transit Account of the Highway Trust Fund at $9.733 billion. The billalso eliminates theTransportation Investment Generating Economic Recovery(TIGER) grant program and funds theCapita[ investment Grant (CIG) program at $]..753 bi]]]on, $549 mi]]ion be]ow the amountauthorized under the Fixing America's Surface Transportation (FAST) Act. Under the CIGprogram, the bill sets specific funding levels for new starts, small starts, and core capacityprojects, and it also provides $400 million for a joint public transportation and intercitypassenger rail project that is intended to go to the Gateway Project. Separately, under thefederal Railroad Administration (FRA) Federal State Partnerships for State of Good RepairGrants, the bill provides another$500 million, which is also intended for the Gateway Project.It is unclear when the billwillgo to the House Floor, or whether it would go to the fulIHouse asa stand-alone billor as part of an omnibus appropriations measure

The Federal Transit Administration announced the opportunity to apply for approximately$226.5 million in FY 2017 funds for the Buses and Bus Facilities Infrastructure InvestmentProgram .

The House will be out of session from July 28 to September 4. Senate Majority Leader MitchMcconnell delayed the Senate's summer recess untilthe third week of August to continue itswork on repealing the Affordable Care Act.

State Legislation Update

The state legislature is on recess and will reconvene on Monday, August 21. On July 13, theAssembly Transportation Committee approved SB 595, a bill which allows the MetropolitanTransportation Commission to place a ballot measure authorizing an increase in rates for state-owned tollbridges in the San Francisco BayArea. An expenditure plan for new tollrevenue wassimultaneously unveiled. Unfortunately, Alameda County does not receive its fair share ofrevenue despite contributing to tolls at a higher rate. SB 595 is now headed to the Assembly

1 of 20

Report No. 17-189Page 2 of 2

Appropriations Committee. The District continues to communicate its priorities for theexpenditure plan to state representatives including Senator Skinner, Senator Wleckowski,Assembly Member Bonta, Assembly Member Chu, and Assembly Member Quirk.

BUDGETARY/FISCAL IMPACT

There is no budgetary or fiscalimpact associated with this report

ADVANTAGES/DISADVANTAGES

This report is provided to inform the Board of monthly legislative activities

ALTERNATIVES ANALYSIS

There were no alternatives considered as this report provides an update of monthly legislativeactivities .

PRIOR RELEVANT BOARD ACTION/POLICIES

Staff Report 17-002: 2017 Federal and State Legislative Advocacy Programs

ATTACHMENTS

1: Federal Update from Van Scoyoc Associates2: State Legislative Report3: State Legislative Bill Matrix4: FY 2017 Federal Advocacy Program5: FY 2017 State Advocacy Program

Approved by:

Reviewed by:

Prepared by:

Beverly Greene, Director of Legislative Aff airs & Community Relations

Beverly Greene, Director of Legislative Affairs & Community Relations

Estee Sepulveda, External Affairs Representative

2 of 20

SR 17-189 Attachment I

b

VA IV S C O'YO CA S?:qSjl OI C I A 'r E B

Tran$Dortation UpdateJuly 24, 2017

Steven O. Palmer, Vice PresidentChattlton Hamlin, DirectorD€!vid Haittes, Director

This Week

House

t/ar#/zp: 4£z/anza/e(/ Ke#/c/es. On Thursday, July 26, the Energy and Commerce Committee is expectedto take up the Highly Automated Vehicle Testing and Deployment Act of20 17. The bill, which is a staffworking draft and will not receive a bill number until the Committee approves it and niles the report, wasapproved in Subcommittee last week.

Hear//zg: ,4fr Capra .Screen/ng. On Tuesday, July 25, the Homeland Security Committee will hear fromindustry stakeholders on air cargo screening. Witensses have not yet been annouunced.

Senate

it/rrr#/zp; /'y 2a/8 771UZ) ,4/)props/rz/;o/zs. On Tuesday, the Transportation, Housing and UrbanDevelopment (THUD) Appropriations Subcommittee is scheduled to markup its version of the FY 201 8THUD funding bill. The full Appropriations Committee is then expected to take up the bill on Thursday

.17ear//zg; /i.R.4 ,4(7mz//zif/rrz/ar. On Wednesday, July 26, the Committee on Commerce, Science andTransportation will hold a conHlrmation hearing on several nominees, including Ronald Batory, who hasbeen nominated to be the next Administrator of the Federal Railroad Administration (FRA).

Last Week

House

Floor: Z)//S ,4/1//zorfza//o/r. On July 20, the full House approved H.R. 2825, the Department ofHomeland Security Authorization Act of 20 1 7. The bill, which was approved on a 386-4 1 vote, wouldauthorize DHS for the first time since it was created. H.R. 2825 would ensure the Transportation SecurityAdministration (TSA) continues to staff airport exits lanes, maintains 30 VIPR teams and reimbursesairports that hire local law enforcement officers.

t/arkzzp: F'y2a/8 Tlf/[/D ,4/)props/r///o/zs. On Ju]y 1 7, the Appropriations Committee he]d a markup ofthe FY 2018 THUD Appropriations bill. The allocation to the Subcommittee is about $1.lbillion belowFY 2017 levels. The bill was approved by the Committee on a party-line vote of3 1-20. Only oneamendment was adopted, a Manager's amendment offered by Subcommittee Chairman Mario Diaz-

l

3 of 20

Balart, making technical and noncontroversial changesincluding:

Several Democratic amendments were rejected,

. Fund the TIGER grant program (Rep. Rosa Delauro)B Fund FTA Capital Investment Grants at the FAST Act authorized level (THUD Subcommittee

Ranking Democrat, Rep. David Price)

Fund $200 billion for a wide range of infrastructure investments (Rep. David Price)

The bill is now headed for consideration by the full House, probably in September

Markzzp: Fy 2a/8 .1/o/?ze/a/zd Seczzrf©' .4/)proprfado/zs. On July 1 8, the Appropriations Committee helda markup of the FY 2018 Department of Homeland security funding bill. The bill, which provides $1 .6billion to build the wall along the U.S.-Mexico border, was approved by the Committee on a party-linevote of 33-20. Several Democratic amendments targeting the wall and immigration issues were defeated,including one by Rep. David Price to shift funding in the bill that would be used to hire additionalImmigration and Customs Enforcement officers to instead hire 2,000 additional Customs officers, whichwould help at international gateway airports. The bill now moves to consideration by the full House.

4/arkzzp: Az/ro//zayed I''e/zic/es. On July 19, the Digital Commerce and Consumer ProtectionSubcommittee of the Energy and Commerce Committee held a markup on the Highly Automated VehicleTesting and Deployment Act of 2017. The bill, which is unnumbcred, seeks to clarify federal and stateroles for regulating highly automated vehicles and encourage the testing, development, and deployment ofautomated vehicles in the United States. The bill also would allow NHTSA to waive federal vehiclesafety rules that assume the presence of a human driver.

/I/arklzp: F'y 20/8 Bizdger Resoluffo/z. On July 19, the Budget Committee approved its FY 2018 draftbudget resolution on a mostly party-line vote, 22-14. The budget resolution, which sets overall spendingand tax policies for the coming year, makes a number of non-binding recommendations on transportationprograms, including:

e Phase out FTA Capital Investment Grantse Prohibit funding for high-speed raile Eliminate TIGER grantse Reduce Amtrak subsidies

Next steps are uncertain, as it is not clear the budget has enough votes to pass the House

.plead/zg: .fiXS7',4c/ .rl?zp/ence/zfaffo/z -- .llfg/spay SqfeQ. On July 18, the Transportation andInfrastructure Committee held a hearing to examine the implementation of the FAST Act and highwaysafety. Witnesses included the acting administrators from the Federal Highway Administration (l;HWA),Federal Motor Carrier Safety Administration (FMCSA), and National Highway Traffic SafetyAdministration (NHTSA), as well as the National Transportation Safety Board. During the hearing,Highways and Transit Subcommittee Chairman Sam Graves highlighted the fact that the FAST Actprovided non-federal partners with resources to improve highway safety, reforming NHTSA safetyprograms, consolidating FMCSA grant programs, and incentivizing adoption of innovative truck and bussafety programs.

Senate

Roll/zdfab/e: Translf Tech/zo/ogy. On July 21, the Banking, Housing and Urban Affairs Committee helda roundtable discussion focused on the use of technology in transit. Representatives from Pinellas

2

4 of 20

Suncoast Transit Authority, Massachusetts Bay Transportation Authority, and Capital Metro, spoke to agroup of congressional staff and representatives from FTA and APTA about their innovative uses oftechnology and transportation network companies.

White House

E.reciz#ve Order: /n#rasrrucrzlre .4dv/so/y Cou/zcf/. On J uly 20, President Trump signed an ExecutiveOrder creating a new advisory council on infrastructure, which will be housed in the Department ofCommerce. The 15-memebr council will be directed to report on "funding, support, and delivery ofprojects in several sectors, including surface transportation, aviation, ports and waterways, waterresources, renewable energy generation, electricity transmission, broadband, pipelines, and other suchactivities as determined by the Council." Appointments will be made by the President.

Department of Transoortation

/i.,'lA: F'ire Salfe4 Risks. On July 17, the FAA issued a notice to operators warning about the fire safetyrisks of allowing portable electronic devices with lithium-powered batteries from being carried aschecked baggage.

###

5 of 20

SR 17-189 Attachment 2

A DV I S O RS

July 24, 2017

TO Director Elsa Ortiz, President, andMembers of the Board

MichaeIHursh, GeneraIManager

Beverly Greene, Director of Legislative Aff airs & Community RelationsSteve WallauchPlatinum Advisors

FR

RE: Legislative Update

Recess; The Legislature has adjourned for summer recess, which started on July 21s' and theywilmot return untiIAugust 21st. When the legislature returns they willa series of deadlinesuntil the last day of session on September 15th. While there are always exceptions to the rules,the last for policy committees to meet was July 21st. When they return the deadline forfiscalcommittees is September1.st. Afterthat, it willbe endless floor sessions, with a new wrinklebeingthe 72 hour in print rule. This willbe the first end of session where allamendments mustbe in print for 72 hours before either floor can vote on a measure

SB ]; Assemblyman Travis Allen IR-Huntington Beach) submitted language for an initiative torepealSB]. and the transportation revenue it generated. The Attorney General's office hascompleted its review, provided a title and summary, and has cleared to initiative for circulationAssemblyman Allen and the proponents now have untiIJanuary 8, 2018 to collect 365,880signatures.

However, Assemblyman Allen has filed a lawsuit challengingthe AG's title because he claims itis misleading because it does not use the word tax or fee in the title. The officialtitle forthisInitiative is, "Eliminates Recently Enacted Road Repair and Transportation Funding by RepealingRevenues Dedicated for This Purposes." The lawsuit challenging the title was filed inSacramento Superior Court. The title appears accurate and it is unclear how much time willbewasted trying to change it.

Cap & Trade; Governor Brown and the legislature reached a deal on extending the cap & tradeprogram beyond 2020. The dealincludes AB 398, which extends the program by 10 years andincludes other sweeteners, AB 617, which includes added monitoring and enforcement on the

emission of air containments from stationary sources, and ACA 1, which would require a 2/3vote on a future expenditure plan.

l

6 of 20

With the extension done, the focus for the finalmonth of session willbe negotiating anagreement on howto spend the auction revenue for the current fiscal year. Of the$2.2 billionin auction revenue expected to be available this fiscalyear, 605 is continuously appropriated,but40% is annually appropriated bythe legislature. Other ornaments to the cap & trade dealinclude a commitment to reach a dealon affordable housing legislation.

AB398(Eduardo Garcia) -- This measure required a 2/3 vote for approvalin order toeliminate anylegalcloud on whether it is atax ora fee. ltwas largelyapproved on a partyline vote; however severaldemocrats voted "no" or abstained, while severalrepublicansvoted "aye." Assemblywoman Catherine Baker voted in favor of this billalong with theentire East Bay delegation. Enacting the auction authority with a 2/3 vote also expands howauction revenue can be spent; meaning a direct nexus to carbon emission reduction is notrequired. AB 398 contains the following provisions:

8 Requires the Air Resources Board(ARB), no laterthan January 1, 2018, to update thescoping plan, and requires allgreenhouse gas rules and regulations adopted by ARBto be consistent with the scoping plan

e Extends ARB's authority to establish and utilize, through regulations, a market-basedmechanism untiIDecember 31, 2030. However, under the post 2020 program, theARB is required to include price ceilings, offset credit compliance limits, and industryassistance factors. In addition, post 2020 regulations will reduce the amount ofoffsets and require 50% of all offsets to be located in California.

e The bill also adds intent language stating auction revenue should be spent onreducing criteria pollution from stationary and mobile sources, on low and zerocarbon transportation alternatives, sustainable agriculture, healthy forests, climateadaption, and clean energy research.

e Extends, and expands upon, an existing exemption from the state's share of thesales tax for manufacturing clean energy products and expands this exemption toalso include the storage and production of electric power.

e Effective 2017-18, suspends the fire prevention fee and repeals the fire preventionfee statutes on January 1, 2031.

AB 6].7(Cristina Garcia) -- This billrequired only a majority vote for passage, but it wasapproved on a 27-13 party line vote in the Senate, and a 50-24 vote in the Assembly.Assemblywoman Catherine Baker was the only republican vote in favor. This measurefocuses on monitoring and reducing criteria air pollution emissions at stationary sources.AB 617 includes the following provisions:

e Requires ARB to establish a uniform, statewide system for stationary sources toreport their emissions of criteria pollutants and toxic air contaminants(TACs).

© Creates, upon determination by an air district, an expedited schedule for certainfacilities covered under the state's cap-and-trade program to implement bestachievable retrofit controltechnology for criteria pollutants and TACs.

e Requires ARB to establish a clearinghouse of information on best achievable control

technology and best achievable retrofit control technology

2

7 of 20

e Increases civil and criminal penalties for certain types of emissions.

8 Creates community emissions reduction programs for communities exposed tocriteria pollutants and TACs, as specified.

AfA..I.(M3yeg - There was no consistency in the vote for this measure, which wasapproved by 2/3 of both the Senate and Assembly. This measure willbe placed on theJune2018 ballot.

ACA lwould generally require the Legislature to approve on a one-time basis anexpenditure plan by a 2/3 vote. Specifically, ACA lwould create the Greenhouse GasReduction Reserve Fund. All auction revenue generated on or after January 1, 2024 mustbe deposited into this Reserve Fund. The diversion of auction revenue into the Reserve

fund would continue untilthe legislature approves with a 2/3 vote a measure appropriatingthe funds in the Reserve Fund. In addition, ACA lwould starting on January 1, 2024,temporarily suspend the sales tax exemption for clean energy manufacturing equipmentuntil the expenditure plan is adopted. Once that measure is approved by a 2/3 vote andenacted then the auction revenue would then be deposited into the traditionaIGreenhouseGas Reduction Fund. Future appropriations from the Greenhous Gas Reduction Fund wouldonly require a majority vote

R/\4 3; SB 595 was approved by the Assembly Transportation Committee after a contentiousweek of negotiations. The billnow moves to the Assembly Appropriations Committee where itwill be heard when they return in August. Assemblyman Jim Frazier, who chairs theCommittee, did not support SB 595 unless it was amended to contain a more detailedexpenditure plan. Due to the Chairman's concerns the hearingfor SB 595 was pushed back anda specialcommittee was scheduled. While the Bay Area Caucus members had been working onan expenditure plan that provided an equitable distribution of funds, the expenditure plan thatresulted from negotiations between Assemblyman Frazier and Senator Beallresulted in aproposalthat is not equitable to Alameda County.

Analysis of the proposed expenditure plan in SB 595 reveals that Alameda County wouldreceive only 16% of the revenue, as compared to the 35% of the revenue Alameda Countyprojects received under RM 2. Furthermore, Alameda County represents 22% of the region'spopulation and 31% of alltollrevenue comes from Alameda County. While there are severalprogram funds that could potentially benefit AC Transit, there is only one$50 million allocationearmarked forACTransit's rapid bus improvement. The normally sleepy summer recess willbefilled with meetings with AC Transit's delegation and others in an effort to reach a moreequitable compromise for RM 3 revenue.

3

8 of 20

SR 17-189 Attachment 3

A DV I S O RS

July 27, 2017

Table 1: Board Action Positions

Bills I Subject Status Client - Position

BI(Frazier D)ransportation

funding.

IAB I is Assemblyman Frazier's renewed effort toaddress the funding shortfallfacing our:ransportation infrastructure. This billwouldgenerate about$6.6 billion in revenue for themaintenance and rehabilitation of state highwaysand localstreets and roads, as wellas provideargeted investments in public transit and good

movement corridors.

B 398Frhis billmakes numerous changes to the Cap-and-(Eduardo Garcia D) jl'rade Program. It requires the State Air ResourcesICalifornia Global IBoard(ARB) to update the scoping plan, andswarming Solutions jrequires allgreenhouse gas rules and regulations

.ct of 2006: jadopted byARBto be consistent with the scopingmarket-based jplan. It extends ARB's authority to establish andcompliance jutilize, through regulations, a market-basedmechanisms: fire jmechanism. This bill specifically authorizes a systemprevention fees: jof market-based declining annual aggregatesales and use tax jemissions limits for sources or categories of sourcesmanufacturing chat emit greenhouse gases(cap-and-trade) untilexemption. IDecember 31, 2030. It extends, and expands upon,

he 3.94 percent state sales and use tax(SUT)exemption available to qualified manufacturers andjspecified research and development firms for anadditionaleight years, untiIJuly 1, 2030.

B 448 ll'his bill builds upon legislation enacted last year thatlSENATE 2 YEAR BILL

(PRIX D) jrequires local governments to provide non-residentLocalgovernments: jproperty owners notice that a new parceltax wasparcel taxes: notice japproved. AB 448 takes this notification process a

step further by requiring that these notices be madeithin 30 days of the certification approving the newl

parcel tax

.SSEM BLY TRANS ISUPPOKT

IGovernor's Desk ISupport in Concept

IOPPOSE

In addition, for parceltaxes imposed by a schoolorjspecialdistrict, the notice shallbe prepared and sentby the city or county where the schooldistrict orspecialdistrict is located. The billalso clarifies thathe specialdistrict or schooldistrict shallreimbursehe city or county for cost of providing the notices.

l

9 of 20

he billdoes not limit the notices to be sent wherethe property tax billis sent, but to allregisteredowners of a parcel.this billwould require the State Air Resources BoardjjARB) to develop a uniform statewide system ofjannualreporting of emissions of criteria airjpollutants and toxic air contaminants for use byjcertain categories of stationary sources. The bill

jwould also require those stationary sources tojreport their annualemissions of criteria airpollutants and toxic air contaminants, as specified.Under this bill, the state board would be required toprepare a monitoring plan regarding technologies:or monitoring criteria air pollutants and toxic aircontaminants and the need for and benefits of

additionalcommunity air monitoring systems, asdefined.

IAB 673 was substantially amended on April18th.fhe language in the billthat required specific safetyIfeatures on allnew buses has been removed. TheIBoard may want to consider a support position onjthe amended bill

AB 617(Cristina Garcia D)Nonvehicular air

pollution: criteriaair pollutants andoxic a itcontaminants.

Governor's desk ISUPPOKT

B 673

(£bu D)Public transit

operators: busp rocurement:safetyconsiderations.

IGovernor's Desk ISUPPORT

IAs amended, AB 673 would require a transitjoperator, before purchasing new buses, to take intojconsideration recommendations and best practicesdeveloped by bus drivers that address thejfo llowing :

e Reduce the risk of assault on the drivere Reduce blind spots created by bus

equipment.Enhance the safety of passengers, driver,pedestrians and other vehicles.

IGovernor Brown singed AB 1].13 into law. Since this ISigned Into Lawjbill contained an urgency clause the provision of thisjbilltake effect immediately.

©

AB 1113

(Bloom D)State Transit

IAssistance

program.

ISUPPOKT

'he billmakes severalclarifying changes that clean-up the structure of these codes governing theallocation of State Transit Assistance revenue. In

particular the changes specify that only publicransit operators are eligible to receive STA funds

directly. It also specifies that when reporting to theController an operator's reportable revenue cannotexceed its expenses for purposes of the STAcalculation. Given the extent of the changes

2

10 of 20

3

 B 1509

(Balsa RISan Francisco BayArea Rapid TransitDistrict .

SB I

(Bsg!! D)ransportatio n

fu nding.

11 of 20

SB 562

(IgB D)he Healthy

California Act

IAssembly Speaker Anthony Rendon announced on IASSEMBLY 2 YEARPune 23rd, that due to its financialshortcomings, the IBILLjmeasure wilmot be taken up in the Assembly.

ISUPPOKT

SB 562 would create the Healthy California Act,which would establish a state based universalsinglepayer health care system. SB 562 would create asingle payer system, but the billcurrently does notidentify how this system would be financed.

While the Affordable Care Act has resulted in

increasing the number of individuals having healthInsurance, Senator Lara is pursuing this billbecausehealth care costs remain high and out of reach formany. In addition, there remains uncertaintyregarding the future of the ACA.

ISB 595 would place on the ballot in each of the nineIBay Area counties a regionalmeasure to increase

jbridge tolls by up to $3.

SB 595

(Beal D)Metropolitanp'ransportationCommission: tollbridge revenues.

IASSEMBLY APPR SUPPORT

ISB 595 was amended to allocate$4.2 billion in toll

jrevenue for specified projects and programs.Unfortunately, the expenditure plan falls far short ofan equitable distribution of funds to projects in theliqst Bay.ISB 614 allows fine revenue collected by imposingjadministrative penalties to be deposited with thepublic transit agency that issued the citation.ICurrent law requires these funds to be depositedtinto the generalfund of the county where thecitation was issued.

ISCA 2 and ACA 5 are identicaland would

jprospectively prohibit the use of truck weight fees t-pay for transportation bonds approved after Januaryjl, 2017. The billwould also expand the protectionsjfor Public Transportation Account revenues to alsojinclude the 1.75% increase to the dieselfuel salesjtax that was enacted as part of the gas tax swap.

he ban on borrowing fees and taxes would alsoapply to any vehicle fees or taxes dedicated toransportation accounts.

ISCA 6 would allow a local government to impose anyjSENATE APPRjspecial taxwith a 55% approval of the voters if the IHeld on Suspensejspecialtax dedicates 100% of the revenues, notjincluding collection and administrative expenses, tottransDortation programs apd projects.

[SB 614

(Hertzberg D)Publicransportation

agencies:

ASSEMBLY FLooR ISUPPOKT

SCA 2

(Newman D)Motor vehicle feesand taxes:restriction onexpenditures.

ISENATE INACTIVE ISUPPORT

ISCA 6(Wiener D)Loca I

ransportationmeasu res:

ISUPPORT

4

12 of 20

Table 2: Board Watch Positions

Bills I Subject Status Client - Position

IAB 17

(Holden D)ransit Pass

Program: free orred uced-fare transit

passes.

IAB 17 would appropriate $20 million from theIPublic Transportation Account to create ajcompetitive pilot program to provide free orreduced price student transit passes. Called theTransit Pass Pilot Program, the billdirects Caltranslto create guidelines to award up to$5 million topublic entities, including universities to implementa free or reduced price student transit passprogram.

IAB 28 re-enacts provisions that sunset onDecember 31st 2016 that delegate theresponsibility to Caltrans for complete NEPAreview of transportation projects.

ISENATE APPR jwatch

B 28(Frazier D)environmentalreview process:jfederal pilotprogram.AB 378

(Garcia, Cristina DIGreenhouse gases,lcriteria airpollutants, andoxic air

contaminants.AB 468

($qntiPgQ olH'ransit districts:prohibition orders.

ISigned Into Law IWATCH

IAB 378 failed passage on the Assembly Floor. Thisbillextends the Air Resources Board's(ARB) cap-jand-trade authority to 2030 and integratesjspecified air quality performance requirementsjinto the program.

ASSEMBLY FLooRIKECONSIDEKAT ION

IWATCH

IAB 468 has been amended to delete any reference:o driver assault. As amended the billwould add

ILos Angeles Metropolitan Transportation Authoritylto existing laws that allow LAMTA to issueprohibition orders to any person for committingcertain acts.IAB 1469 would create the Transportation andIAccess to Public School Fund, but it does not takeeffect unless funds are appropriated.

ASSEMBLY

[CONCURRENCE

jwatch

AB 1469

(grqy$Qn DISchool

ransportation

ASSEMBLY APPR

IHeld on SuspenseIWATCH

l2-Year Bill

B 1469 would entitle a pupilthat attends a schoolhat receives federaITitle Ifunding to freeransportation to and from school.

IAB 1640 (Eduardo Garcia) has become a two-yearbi[[and wi]]not move forward this year. AB].640jproposed starting in 2020 to require each regional:ransportation improvement plan to direct 25% of

javailable funds to projects or programs thatdirectly benefit low income individuals or transit

B 1640

(gqrliq; !duqrdQ D)ransportation

:unding: low-incomecommunities.

.SSEM BLY 2 YEAR SWATCH

5

13 of 20

 SB 448

jwieckowski DILocal government:o rga nizatlon :districts .

14 of 20

SR 17-189 Attachment 4

.#l.2017 Federal Advocacy Program

Funding. FY 201 7 Grant Opportunities - Secure federal funds for key capital projects and support

funding for 2017 Project Priorities for:o Rehabilitation, expansion, and replacement of aging bus, bus facilities, and

equipment and maintain in a state of good repairo Within the Small Starts Program and other programso Bus lifting equipment programo Security cameras and wireless access technologies for buses and facilitieso Zero Emission Bus Programs

. Advocate for supplemental funding through the Federal Transit Administration (FTA) tooffset rising operating costs without jeopardizing total funding available for capitaln rn iD r'tc:

. Support funding for the Transbay Terminal

e Support/seek additional funding for essential services including, but not limited toservices for access to work, school or medical facilities.

e Support efforts to rescind the planned across-the-board cuts to all federal programscalled "Sequestration." as enacted under the Budget Control Act of 201 1 .

e Support federal funds to purchase and refurbish zero emission buses and relatedinfrastructure.

e Support policy initiatives that relieve the undue burden of mandatory regulations byrequiring all mandates be sufficiently funded to protect the fiscal integrity of the Districtincluding Safety Management Systems (SMS) and State of Good Repair andassessment management plans.

Transportation Authorization Principlese Advocate for the inclusion of transit buses by Congress and the incoming

Administration in any initiative to enhance funding or financing opportunities fortransportation infrastructure.

e Ensure that private sector financing proposals do not replace current funding for transitfrom the Highway Trust Fund.

e Preserve continued guaranteed funding for transit from the Highway Trust Fund/MassTransit Account, and oppose any efforts to break to 80/20 split for highways and transit

Page jl

15 of 20

Support eff ons to increase the gas tax or other revenues to replenish and sustain long-term growth of the Highway Trust Fund/Mass Transit Account.

Support FTA and Congressional eff ons to make State of Good Repair for transit bussystems a strategic priority and include more funding.

. Support increased funding for Small Starts programs and broad funding eligibility infederal transit programs.

Seek revisions to the Metropolitan Planning Organization (MPO) grandfather clausethat supports the direct representation of transit properties on MPOs.

Support legislation through the federal highway and transportation authorization forsafety requirements based on agency size and transportation mode.

Support eff ons to require local labor workf orce minimums for construfunded by grants from the FTA.

Ql119LAdvocacv. Support funding and coordination between Health and Human Service (HHS) agencies

and other transportation agencies to provide services to HHS clients.

. Preserve modal parity by maintaining the commute tax benefits in legislation to ref ormcorporate tax rates.

Advocate for maintaining the tax exemption on municipal bonds in legislation to reformcorporate tax rates.

. Support legislation that encourages Single Payer health insurance.

. Advocate for funding of infrastructure improvements covered by the American withDisabilities Act (ADA).

. Monitor actions regarding any eff ons to eliminate 1 3C requirements, and/or theDepartment of Labor's position with respect to applicability of 1 3C to pension reformlaw (PEPRA).

Advocate for transit-supportive legislation that mitigates climate change and/or calls forenvironmental stewardship and related funding.

e Explore options to expand the FTA's 20% spare ratio requirement.

8 Monitor actions that decrease funding for sanctuary cities

ction projects

e

Page 12

16 of 20

SR 17-189 Attachment 5

.41.2017 State Advocacy Program

Funding© Support efforts to implement future transportation authorizations that at least maintain

funding level for mass transit projects and programs for bus operators in the Bay Area

8 Support efforts that increase the formula allocation of cap & trade auction revenue topublic transit operations and capital investments, and the development of anexpenditure plan for cap and trade revenue that provides an equitable investment inmass transit and infill/transit oriented development (TOD).

e Support the development of a regional toll measure expenditure plan and theenactment of legislation that provides for the equitable distribution of toll revenue forpublic transit operations and capital improvements within AC Transit's toll bridgecorridors.

e Actively participate in the California Air Resources Board's (CARB) Advanced CleanTransit regulatory process.

e Support legislation and programs that would provide funding to offset the costs ofclimate change initiatives, such as pending Advanced Clean Transit regulations andany zero emission vehicles.

8 Support efforts that create new sources of operating funds with equitable distribution toreflect urban transit needs.

e Support efforts for new, sustainable funding for existing transit revenues, including theState Transit Assistance (STA) program to offset the decline in available revenue.

e Support efforts that would exempt public transit providers from state sales tax

. Support local ability to increase fees and gas taxes to be used for local mass transitpurposes.

e Support congestion pricing strategies and legislation that provide an equitable multimodal distribution of generated revenues.

e Support legislative or administrative action to remove State barriers so that Medicaidtransportation funds can be used for public transit services, including ADA paratransitservices

Page jl

17 of 20

Support funding and coordination between Health and Human Service (HHS) agenciesand other transportation agencies to provide services to HHS clients.

Support/seek additional funding for essential services including, but not limited to,services for access to work, school or medical facilities.

Support policy initiatives that relieve the undue burden of mandatory regulations byrequiring all mandates be sufficiently funded to protect the fiscal integrity of the District.

Support eff ons to ensure public transit receives a fair share of any new tax revenuesuch as revenue resulting from Proposition 64.

Support eff ons at the California Public Utilities Commission and state legislature fordiscounted rates of electricity for zero emission vehicles.

Support funding for continued operation and maintenance of the Transbay TransitCenter.

Equipment and Operationse Support legislation or administrative action that would direct Caltrans to establish and

maintain HOV and HOT lanes on state highway routes and to improve existing lanemanagement to maximize person throughput.

Support incentives to provide bus only lanes on bridges to/from the Transbay TransitCenter.

. Support legislation to exempt public transit and paratransit vehicles from state and localtruck route ordinances.

Support legislation or administrative action that would direct Caltrans to permitpermanent use of freeway shoulders by public transit buses and paratransit vehicles

Remove or except public transit diesel-powered heavy duty vehicles from the 3000hours limitation required under the Emissions Defects Warranty established by CARB

. Support increased resources for security and safety of bus divisions.

. Support funding for zero emission vehicle workf orce training programs

Transit Incentives. Support legislation to provide incentives for employees and employers to use public

transportation to commute to work, including tax credits for purchasing transit passes

Support Clean Air Initiatives that encourage increased public transit use

e

e

e

e

Page 12

18 of 20

e Support legislation to provide incentives for local governments and developers toincorporate transit passes into the cost of housing.

Environment and Transit Supportive Land Use. Advocate for transit-supportive legislation that addresses climate change, healthy

communities and environments.

e Foster transit supportive land use initiatives that require coordination with transitproviders in the initial stages of local planning or project development that impactstransit, including density level decisionsl and advocate for the required use of:

o Transit streets agreements, ando Complete streets plans in which local transportation plans anticipate use of all

modes

e Support improvement to the California Environmental Protection Agency's (Cal/EPA)screening process to better account for the disadvantaged communities of the EastBay

Policy Interests. Support simple majority vote for local transportation tax initiatives

8 Support legislation to allow District to ban persons for specified offenses relating toaggressive, threatening or criminal behavior against district property, assets orpersonnel and from entering District property, including buses.

e Seek revisions to the Metropolitan Transportation Commission's statutes to include thedirect representation of transit properties on its governing board.

e Support legislation for STA formula reform that includes federal operating funding aseligible revenue.

© Support efforts that maintain existing Workers' Compensation regulation

e Consider eff ons to reform tort general damages

e Monitor actions regarding any eff ons to eliminate 1 3C requirements, and/or theDepartment of Labor's position with respect to applicability of 1 3C to pension reformlaw (PEPRA).

e Monitor administrative and regulatory compliance legislation that potentially impacts theDistrictS

e Support legislation that requires jurisdictions to install Transit Signal Priority equipmentin order to receive money for traffic signal upgrades.

Page 13

19 of 20

Support eff ons to authorize AC Transit to enforce parking and moving violations in busonly lanes and bus stops through the use of forward-facing cameras.

Seek to harmonize treatment of independent public agency retirement systems withlarge systems (e.g. CalPERS, CalSTRS).

Support legislation that reduces liability for common carriers.

Support legislation that allows for the enforcement of priority seating.

e

8

e

Page 14

20 of 20

1

August 9, 2017 Table 1: Board Action Items

Bills Subject Status Client - Position

AB 1184 (Ting D) Vehicular air pollution: electric vehicles: incentives

This measure would create the California Electric Vehicle Initiative (CEVI) to be administered by CARB in coordination with the California Energy Commission (CEC) and the California Public Utilities Commission (CPUC). The bill would continuously appropriate $500 million annually from cap & trade auction proceeds to CARB for the purpose funding this new program.

The CEVI would expand upon the existing Clean Vehicle Rebate Program with the intent of expanding the use of battery electric vehicles by increasing vehicle rebate amounts and charging infrastructure investments. The goal is to create a self sustaining electric vehicle market and aid in achieving the goal of 1.5 million electric vehicles on the road by 2025.

The bill defines “electric vehicle” to be a vehicle that uses a plug-in battery to provide all motive power to the vehicle. In addition, the rebates and other incentives proposed in the bill include light duty vehicles as well as heavy-duty vehicles such as schools buses, transit buses, and off road equipment.

The definitions in the bill exclude any hydrogen electric drive vehicles. The proponent’s position on excluding hydrogen vehicles is that they are not at the same level of market readiness, and since the rebates in program decline to zero as EV sales reach the 1.5 million vehicle goal it is premature to include hydrogen vehicles.

Senate Appropriations

Recommended Position: Support if amended to include hydrogen vehicles since this program could provide significant financial assistance to purchase vehicles

SR 17-189 Red Folder Attachment

Board of DirectorsSeptember 9, 2017Agenda Item 6AStaff Report 17-189