1967. This act shall be known and may be cited as the Treasure
Island Transportation Management Act.
1967.1. The Legislature finds and declares all of the following:
(a) It is essential for the economic well-being of the state and
the maintenance of a high quality of life that the people of
California have efficient transportation systems that will reduce
traffic congestion, vehicle miles traveled, and greenhouse gas
emissions, and improve travel times and air quality.
(b) In 2006, the Legislature passed Assembly Bill 32 (Ch. 488,
Stats. 2006), which enacted the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), a landmark act that establishes a
first-in-the-world comprehensive program of regulatory and market
mechanisms to achieve real, quantifiable, cost-effective reductions
of greenhouse gases.
(c) Implementation of the California Global Warming Solutions Act
of 2006 will require creative and innovative solutions, including
strategies designed to integrate land use and transportation measures
to reduce vehicle miles traveled and traffic congestion, improve
travel times, and encourage transit use.
(d) The proposed development of Treasure Island includes an
innovative and comprehensive land use and transportation program
designed to discourage motor vehicle usage, reduce vehicle miles
traveled, encourage public transit, and serve as a model of
sustainable neighborhood development. An element of the
transportation program is the use of congestion pricing.
(e) Congestion pricing is a potentially useful tool for
influencing the behavior of drivers of private motor vehicles,
controlling traffic congestion, and reducing vehicle miles traveled
and the production of greenhouse gases. The potential of congestion
pricing for this purpose is well documented and has been implemented
or is under consideration in a number of prominent, high-traffic
cities around the world, including London, Stockholm, and Singapore.
(f) Because Treasure Island is located adjacent to an urban area
with a single point of vehicular access, but is easily served by
multimodal public transit, it is an ideal candidate for a
demonstration program designed to test the feasibility of congestion
pricing as a tool to encourage and fund public transit use and reduce
vehicle miles traveled in furtherance of the state's goals to
improve regional air quality and reduce greenhouse gas emissions and
traffic congestion.
(g) The proposed development of Treasure Island is a leading
example of performance-based infrastructure that uses private
innovation, access to financing, and management efficiencies to build
infrastructure, combined with the social responsibility,
environmental awareness, local knowledge, safety requirements, and
job generation concerns of the public sector. The proposed
transportation program for Treasure Island, including congestion
pricing, will further these goals by allowing private development to
advance funding and resources for construction of a public transit
infrastructure and mixed-use development in a transit-oriented and
sustainable manner, then generating from that development congestion
pricing fees that will maximize use of public transit and generate
revenues to offset the public sector's costs of public transit
facilities and equipment design, construction, operation, and
maintenance.
(h) The purpose of the Treasure Island transportation program is
to accomplish all of the following:
(1) To facilitate the implementation of an innovative, sustainable
transportation program for Treasure Island that will encourage
public transit, bicycle, pedestrian, and waterborne modes of
transportation, reduce vehicle miles traveled, and minimize the
impact of Treasure Island development on the system of state and
local roadways affected by the San Francisco-Oakland Bay Bridge, as
well as on the bridge itself, in furtherance of the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
(2) To develop a comprehensive set of transportation demand
management programs to encourage and facilitate transit use and to
minimize the environmental and other impacts of private motor
vehicles traveling to, from, and on Treasure Island.
(3) To manage Treasure Island-related transportation in a
sustainable manner, to the extent feasible, with the goal of reducing
vehicle miles traveled and minimizing carbon emissions and impacts
on air and water quality.
(4) To create a flexible institutional structure that can set
parking and congestion pricing rates, monitor the performance of the
transportation program, collect revenues, and direct generated
revenues to transportation services and programs serving Treasure
Island.
(5) To promote multimodal access to, from, and on Treasure Island
by a wide range of local, regional, and statewide visitors by
providing a reliable source of funding for transportation services
and programs serving Treasure Island that will include bus transit
service provided by the city's municipal transportation agency, or
its successor agency, and ferry service.
(i) The congestion pricing demonstration program authorized by
this act includes an important reporting requirement to the
Legislature that will allow the Legislature to assess the success of
the program in achieving its goals.
(j) The Treasure Island Development Authority and its private
development partner have undertaken numerous technical and economic
feasibility studies demonstrating the effectiveness of the
transportation program to conserve energy, discourage motor vehicle
usage, reduce vehicle miles traveled, increase transit ridership, and
deliver significant public infrastructure improvements through
public-private partnership.
1967.2. For purposes of this chapter, the following terms have the
following meanings:
(a) "Authority" means the Treasure Island Development Authority, a
nonprofit public benefit corporation established by the board of
supervisors that is vested with both redevelopment authority and the
power and duty to administer the public trust for commerce,
navigation, and fisheries with respect to Treasure Island.
(b) "Board of supervisors" means the Board of Supervisors of the
City and County of San Francisco.
(c) "City" means the City and County of San Francisco.
(d) "Congestion pricing fees" means fees that motorists pay to
drive in a designated congestion pricing zone that are designed to
relieve traffic congestion and promote alternative forms of
transportation, and are set and adjusted to reflect traffic patterns,
congestion levels, time of day, and other conditions that impact the
roadway system.
(e) "Transportation authority" means the San Francisco County
Transportation Authority.
(f) "Transportation management agency" means the Treasure Island
Transportation Management Agency designated by the board of
supervisors pursuant to Section 1967.3.
(g) "Transportation program" means a comprehensive transportation
program for Treasure Island designed to achieve the goals set forth
in Section 1967.1.
(h) "Treasure Island" means Treasure Island and Yerba Buena
Island.
1967.3. The authority is formulating a transportation program in
connection with the authority's redevelopment activities on Treasure
Island. The board of supervisors directed that the transportation
program ensure adequate and reliable funding for transit service for
Treasure Island, including bus transit service provided by the city's
municipal transportation agency, or its successor agency. In
formulating the transportation program, the authority shall make
recommendations for the governance structure of the transportation
management agency. Based on the authority's recommendations, the
board of supervisors may designate a board or agency that shall act
as the transportation management agency. The board of supervisors may
designate itself as the transportation management agency.
Notwithstanding Chapter 898 of the Statutes of 1997, any subsequent
amendments to that chapter, but subject to Section 1967.5, the
transportation management agency shall have the exclusive power to do
any or all of the following pursuant to the terms of a resolution or
ordinance adopted by the board of supervisors:
(a) Adopt and administer the transportation program and
implementing rules and regulations.
(b) Recommend to the board of supervisors and the transportation
authority an initial fee structure for the imposition of congestion
pricing fees applicable to residents and other motorists as they
enter or exit Treasure Island in the amount deemed necessary and
proper by the transportation management agency to implement the
transportation program.
(c) Adopt amendments to the congestion pricing fee structure
initially adopted by the board of supervisors and the transportation
authority pursuant to subdivision (a) of Section 1967.5, as the
transportation management agency deems necessary and appropriate from
time to time to implement the transportation program, based upon a
finding that the amendments to the fee have a relationship or benefit
to the motor vehicle drivers who are paying the fee.
(d) Administer and collect congestion pricing fees on Treasure
Island.
(e) Adopt on-street and off-street parking regulations for
Treasure Island, including regulations limiting parking, stopping,
standing, or loading and establishing parking privileges and
locations, parking meter zones, and other forms of parking regulation
similar to those adopted for other areas of San Francisco.
(f) Adopt on-street and off-street parking fees, fines, and
penalties for Treasure Island and administer and collect all
on-street and off-street parking fees, fines, penalties, and other
parking-related revenues on Treasure Island.
(g) Adopt a transit pass fee structure applicable to residents and
other users of Treasure Island and administer and collect all
Treasure Island transit pass fees.
(h) Fix the rates and charges for services provided or functions
performed by the transportation management agency and administer and
collect those rates and charges.
(i) Apply for, accept, and administer state, federal, local
agency, or other public or private grant funds for transportation
purposes.
(j) Administer and collect all other revenues generated by the
transportation program.
(k) Undertake studies, performance evaluations, and other
mechanisms as it deems necessary and proper to adopt and amend the
transportation program with the purpose of relieving
transportation-related impacts.
(l) Expend its revenues for any purpose related to the
transportation program, including costs of implementation, operation,
collection and enforcement, maintenance, construction, and
administration under the transportation program.
(m) Enter into contracts, cooperative agreements, and direct
funding agreements with private parties and governmental agencies,
including city departments, to the extent deemed necessary and proper
by the transportation management agency to implement the
transportation program, including for any of the following:
(1) The construction and maintenance of transportation facilities
serving Treasure Island that are directly related to the
transportation program, including design, preconstruction, and other
related costs.
(2) Transit capital improvements and operations for services that
directly serve Treasure Island.
(3) Notwithstanding Section 40717.9 of the Health and Safety Code,
implementation of transportation impact mitigation measures as
adopted from time to time to improve or encourage the use of transit
and other nonmotor vehicle means of access to Treasure Island.
(n) Adopt rules and regulations governing high-occupancy vehicles
pursuant to subdivision (d) of Section 1967.5.
(o) Take all other steps as the transportation management agency
deems necessary and proper to implement the transportation program.
1967.4. Except as specifically provided in Section 1967.5, to the
extent that the transportation management agency is granted exclusive
powers to adopt regulations and adopt, fix, administer, and collect
fees, rates, charges, and other revenues with respect to the
transportation program under Section 1967.3, the city and its
departments, boards, and commissions shall be prohibited from
exercising those powers with respect to Treasure Island and the
transportation program.
1967.5. (a) The board of supervisors and the transportation
authority, by a two-thirds majority vote of both bodies, shall have
the authority to adopt a program imposing congestion pricing fees for
motor vehicles exiting and entering Treasure Island from the San
Francisco-Oakland Bay Bridge and an initial congestion pricing fee
structure after consideration of the recommendation of the
transportation management agency. The congestion pricing fees shall
not be imposed on local trips on Treasure Island streets that do not
exit to the San Francisco-Oakland Bay Bridge. Once adopted, the
congestion pricing program may only be terminated by the
recommendation of both the authority and the transportation
management agency, followed by a two-thirds majority vote of both the
board of supervisors and the transportation authority.
(b) (1) Prior to imposing the initial congestion pricing fees, the
board of supervisors and the transportation authority shall each
make a finding of fact by a two-thirds majority vote that the
congestion pricing fees have a relationship or benefit to the motor
vehicle drivers who are paying the fee.
(2) In order to ensure that congestion pricing fees are not
instituted prior to new residents establishing residence on Treasure
Island, initial congestion pricing fees shall not be imposed prior to
the effective date of the disposition and development agreement for
the redevelopment of Treasure Island.
(3) All fees, rates, and charges adopted in furtherance of the
transportation program, including congestion pricing fees, on-street
and off-street parking fees, fines and penalties, transit pass fees,
and any other rates and charges that are adopted by the
transportation management agency from time to time, be collected and
used by the transportation management agency to implement the
transportation program.
(c) While congestion pricing fees remain in effect, the transferor
of any sale or lease agreement of real property on Treasure Island
shall be required to include a written disclosure to the potential
purchaser or lessee that use of a motor vehicle to and from Treasure
Island may be subject to congestion pricing fees.
(d) At all periods of the day, whether or not the congestion
pricing fees are in effect, high-occupancy vehicles shall be able to
exit or enter Treasure Island free of charge.
1967.6. The transportation program shall ensure that public access
to waterfront, recreational, and open-space areas on Treasure Island
is sufficient to support public trust activities by ensuring all of
the following:
(a) Public access to areas subject to the public trust is
facilitated in part by transportation program elements, such as (1)
an on-island shuttle, (2) secure bicycle parking, and (3) limitations
on long-term parking on streets that are subject to the public trust
following a land exchange authorized by Chapter 543 of the Statutes
of 2004, as amended (hereafter public trust streets), that will
discourage residential use of public trust streets for parking but
allow appropriate time for recreational and visitor activities.
(b) Program elements shall not interfere with the provision of
public access to public trust lands consistent with the beneficial
use of those lands, including, but not limited to, roadway access to
serve the public along the western shoreline of Treasure Island.
(c) There shall be no preference for residents in parking rates,
parking passes, or the duration of parking on public trust streets or
on other public trust lands.
(d) Parking revenues from public trust streets or other public
trust lands shall be used for transportation facilities and services
benefiting the public trust in accordance with the transportation
program, with any surplus revenues to be used for other trust-related
purposes.
1967.7. Meetings of the transportation management agency shall be
held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
1967.8. Section 9400.8 of the Vehicle Code shall not apply to any
fee imposed by this chapter.
1967.9. The city may bring an action pursuant to Sections 860 to
870, inclusive, of the Code of Civil Procedure to confirm the
validity of any resolution adopted by the board of supervisors or the
transportation management agency.
1967.10. Not later than three years and no sooner than one year
after the transportation management agency first collects revenues
from the congestion pricing fees authorized under Section 1967.5, the
authority shall conduct a public opinion survey regarding the
congestion pricing demonstration program and provide a report to the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing on its findings, conclusions, and
recommendations concerning the congestion pricing demonstration
program authorized by this act. The report shall include an analysis
of the success of the congestion pricing demonstration program on
minimizing vehicle miles traveled and motor vehicle trips on the San
Francisco-Oakland Bay Bridge and increasing public transit use, as
well as an economic analysis of the program's impact on funding
public transportation improvements and operations.
1967.11. Nothing in this chapter shall affect the authority granted
to the Bay Area Toll Authority granted in Article 1 (commencing with
Section 30600) of Chapter 2 of Division 17 relating to the San
Francisco-Oakland Bay Bridge.
1967. This act shall be known and may be cited as the Treasure
Island Transportation Management Act.
1967.1. The Legislature finds and declares all of the following:
(a) It is essential for the economic well-being of the state and
the maintenance of a high quality of life that the people of
California have efficient transportation systems that will reduce
traffic congestion, vehicle miles traveled, and greenhouse gas
emissions, and improve travel times and air quality.
(b) In 2006, the Legislature passed Assembly Bill 32 (Ch. 488,
Stats. 2006), which enacted the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), a landmark act that establishes a
first-in-the-world comprehensive program of regulatory and market
mechanisms to achieve real, quantifiable, cost-effective reductions
of greenhouse gases.
(c) Implementation of the California Global Warming Solutions Act
of 2006 will require creative and innovative solutions, including
strategies designed to integrate land use and transportation measures
to reduce vehicle miles traveled and traffic congestion, improve
travel times, and encourage transit use.
(d) The proposed development of Treasure Island includes an
innovative and comprehensive land use and transportation program
designed to discourage motor vehicle usage, reduce vehicle miles
traveled, encourage public transit, and serve as a model of
sustainable neighborhood development. An element of the
transportation program is the use of congestion pricing.
(e) Congestion pricing is a potentially useful tool for
influencing the behavior of drivers of private motor vehicles,
controlling traffic congestion, and reducing vehicle miles traveled
and the production of greenhouse gases. The potential of congestion
pricing for this purpose is well documented and has been implemented
or is under consideration in a number of prominent, high-traffic
cities around the world, including London, Stockholm, and Singapore.
(f) Because Treasure Island is located adjacent to an urban area
with a single point of vehicular access, but is easily served by
multimodal public transit, it is an ideal candidate for a
demonstration program designed to test the feasibility of congestion
pricing as a tool to encourage and fund public transit use and reduce
vehicle miles traveled in furtherance of the state's goals to
improve regional air quality and reduce greenhouse gas emissions and
traffic congestion.
(g) The proposed development of Treasure Island is a leading
example of performance-based infrastructure that uses private
innovation, access to financing, and management efficiencies to build
infrastructure, combined with the social responsibility,
environmental awareness, local knowledge, safety requirements, and
job generation concerns of the public sector. The proposed
transportation program for Treasure Island, including congestion
pricing, will further these goals by allowing private development to
advance funding and resources for construction of a public transit
infrastructure and mixed-use development in a transit-oriented and
sustainable manner, then generating from that development congestion
pricing fees that will maximize use of public transit and generate
revenues to offset the public sector's costs of public transit
facilities and equipment design, construction, operation, and
maintenance.
(h) The purpose of the Treasure Island transportation program is
to accomplish all of the following:
(1) To facilitate the implementation of an innovative, sustainable
transportation program for Treasure Island that will encourage
public transit, bicycle, pedestrian, and waterborne modes of
transportation, reduce vehicle miles traveled, and minimize the
impact of Treasure Island development on the system of state and
local roadways affected by the San Francisco-Oakland Bay Bridge, as
well as on the bridge itself, in furtherance of the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
(2) To develop a comprehensive set of transportation demand
management programs to encourage and facilitate transit use and to
minimize the environmental and other impacts of private motor
vehicles traveling to, from, and on Treasure Island.
(3) To manage Treasure Island-related transportation in a
sustainable manner, to the extent feasible, with the goal of reducing
vehicle miles traveled and minimizing carbon emissions and impacts
on air and water quality.
(4) To create a flexible institutional structure that can set
parking and congestion pricing rates, monitor the performance of the
transportation program, collect revenues, and direct generated
revenues to transportation services and programs serving Treasure
Island.
(5) To promote multimodal access to, from, and on Treasure Island
by a wide range of local, regional, and statewide visitors by
providing a reliable source of funding for transportation services
and programs serving Treasure Island that will include bus transit
service provided by the city's municipal transportation agency, or
its successor agency, and ferry service.
(i) The congestion pricing demonstration program authorized by
this act includes an important reporting requirement to the
Legislature that will allow the Legislature to assess the success of
the program in achieving its goals.
(j) The Treasure Island Development Authority and its private
development partner have undertaken numerous technical and economic
feasibility studies demonstrating the effectiveness of the
transportation program to conserve energy, discourage motor vehicle
usage, reduce vehicle miles traveled, increase transit ridership, and
deliver significant public infrastructure improvements through
public-private partnership.
1967.2. For purposes of this chapter, the following terms have the
following meanings:
(a) "Authority" means the Treasure Island Development Authority, a
nonprofit public benefit corporation established by the board of
supervisors that is vested with both redevelopment authority and the
power and duty to administer the public trust for commerce,
navigation, and fisheries with respect to Treasure Island.
(b) "Board of supervisors" means the Board of Supervisors of the
City and County of San Francisco.
(c) "City" means the City and County of San Francisco.
(d) "Congestion pricing fees" means fees that motorists pay to
drive in a designated congestion pricing zone that are designed to
relieve traffic congestion and promote alternative forms of
transportation, and are set and adjusted to reflect traffic patterns,
congestion levels, time of day, and other conditions that impact the
roadway system.
(e) "Transportation authority" means the San Francisco County
Transportation Authority.
(f) "Transportation management agency" means the Treasure Island
Transportation Management Agency designated by the board of
supervisors pursuant to Section 1967.3.
(g) "Transportation program" means a comprehensive transportation
program for Treasure Island designed to achieve the goals set forth
in Section 1967.1.
(h) "Treasure Island" means Treasure Island and Yerba Buena
Island.
1967.3. The authority is formulating a transportation program in
connection with the authority's redevelopment activities on Treasure
Island. The board of supervisors directed that the transportation
program ensure adequate and reliable funding for transit service for
Treasure Island, including bus transit service provided by the city's
municipal transportation agency, or its successor agency. In
formulating the transportation program, the authority shall make
recommendations for the governance structure of the transportation
management agency. Based on the authority's recommendations, the
board of supervisors may designate a board or agency that shall act
as the transportation management agency. The board of supervisors may
designate itself as the transportation management agency.
Notwithstanding Chapter 898 of the Statutes of 1997, any subsequent
amendments to that chapter, but subject to Section 1967.5, the
transportation management agency shall have the exclusive power to do
any or all of the following pursuant to the terms of a resolution or
ordinance adopted by the board of supervisors:
(a) Adopt and administer the transportation program and
implementing rules and regulations.
(b) Recommend to the board of supervisors and the transportation
authority an initial fee structure for the imposition of congestion
pricing fees applicable to residents and other motorists as they
enter or exit Treasure Island in the amount deemed necessary and
proper by the transportation management agency to implement the
transportation program.
(c) Adopt amendments to the congestion pricing fee structure
initially adopted by the board of supervisors and the transportation
authority pursuant to subdivision (a) of Section 1967.5, as the
transportation management agency deems necessary and appropriate from
time to time to implement the transportation program, based upon a
finding that the amendments to the fee have a relationship or benefit
to the motor vehicle drivers who are paying the fee.
(d) Administer and collect congestion pricing fees on Treasure
Island.
(e) Adopt on-street and off-street parking regulations for
Treasure Island, including regulations limiting parking, stopping,
standing, or loading and establishing parking privileges and
locations, parking meter zones, and other forms of parking regulation
similar to those adopted for other areas of San Francisco.
(f) Adopt on-street and off-street parking fees, fines, and
penalties for Treasure Island and administer and collect all
on-street and off-street parking fees, fines, penalties, and other
parking-related revenues on Treasure Island.
(g) Adopt a transit pass fee structure applicable to residents and
other users of Treasure Island and administer and collect all
Treasure Island transit pass fees.
(h) Fix the rates and charges for services provided or functions
performed by the transportation management agency and administer and
collect those rates and charges.
(i) Apply for, accept, and administer state, federal, local
agency, or other public or private grant funds for transportation
purposes.
(j) Administer and collect all other revenues generated by the
transportation program.
(k) Undertake studies, performance evaluations, and other
mechanisms as it deems necessary and proper to adopt and amend the
transportation program with the purpose of relieving
transportation-related impacts.
(l) Expend its revenues for any purpose related to the
transportation program, including costs of implementation, operation,
collection and enforcement, maintenance, construction, and
administration under the transportation program.
(m) Enter into contracts, cooperative agreements, and direct
funding agreements with private parties and governmental agencies,
including city departments, to the extent deemed necessary and proper
by the transportation management agency to implement the
transportation program, including for any of the following:
(1) The construction and maintenance of transportation facilities
serving Treasure Island that are directly related to the
transportation program, including design, preconstruction, and other
related costs.
(2) Transit capital improvements and operations for services that
directly serve Treasure Island.
(3) Notwithstanding Section 40717.9 of the Health and Safety Code,
implementation of transportation impact mitigation measures as
adopted from time to time to improve or encourage the use of transit
and other nonmotor vehicle means of access to Treasure Island.
(n) Adopt rules and regulations governing high-occupancy vehicles
pursuant to subdivision (d) of Section 1967.5.
(o) Take all other steps as the transportation management agency
deems necessary and proper to implement the transportation program.
1967.4. Except as specifically provided in Section 1967.5, to the
extent that the transportation management agency is granted exclusive
powers to adopt regulations and adopt, fix, administer, and collect
fees, rates, charges, and other revenues with respect to the
transportation program under Section 1967.3, the city and its
departments, boards, and commissions shall be prohibited from
exercising those powers with respect to Treasure Island and the
transportation program.
1967.5. (a) The board of supervisors and the transportation
authority, by a two-thirds majority vote of both bodies, shall have
the authority to adopt a program imposing congestion pricing fees for
motor vehicles exiting and entering Treasure Island from the San
Francisco-Oakland Bay Bridge and an initial congestion pricing fee
structure after consideration of the recommendation of the
transportation management agency. The congestion pricing fees shall
not be imposed on local trips on Treasure Island streets that do not
exit to the San Francisco-Oakland Bay Bridge. Once adopted, the
congestion pricing program may only be terminated by the
recommendation of both the authority and the transportation
management agency, followed by a two-thirds majority vote of both the
board of supervisors and the transportation authority.
(b) (1) Prior to imposing the initial congestion pricing fees, the
board of supervisors and the transportation authority shall each
make a finding of fact by a two-thirds majority vote that the
congestion pricing fees have a relationship or benefit to the motor
vehicle drivers who are paying the fee.
(2) In order to ensure that congestion pricing fees are not
instituted prior to new residents establishing residence on Treasure
Island, initial congestion pricing fees shall not be imposed prior to
the effective date of the disposition and development agreement for
the redevelopment of Treasure Island.
(3) All fees, rates, and charges adopted in furtherance of the
transportation program, including congestion pricing fees, on-street
and off-street parking fees, fines and penalties, transit pass fees,
and any other rates and charges that are adopted by the
transportation management agency from time to time, be collected and
used by the transportation management agency to implement the
transportation program.
(c) While congestion pricing fees remain in effect, the transferor
of any sale or lease agreement of real property on Treasure Island
shall be required to include a written disclosure to the potential
purchaser or lessee that use of a motor vehicle to and from Treasure
Island may be subject to congestion pricing fees.
(d) At all periods of the day, whether or not the congestion
pricing fees are in effect, high-occupancy vehicles shall be able to
exit or enter Treasure Island free of charge.
1967.6. The transportation program shall ensure that public access
to waterfront, recreational, and open-space areas on Treasure Island
is sufficient to support public trust activities by ensuring all of
the following:
(a) Public access to areas subject to the public trust is
facilitated in part by transportation program elements, such as (1)
an on-island shuttle, (2) secure bicycle parking, and (3) limitations
on long-term parking on streets that are subject to the public trust
following a land exchange authorized by Chapter 543 of the Statutes
of 2004, as amended (hereafter public trust streets), that will
discourage residential use of public trust streets for parking but
allow appropriate time for recreational and visitor activities.
(b) Program elements shall not interfere with the provision of
public access to public trust lands consistent with the beneficial
use of those lands, including, but not limited to, roadway access to
serve the public along the western shoreline of Treasure Island.
(c) There shall be no preference for residents in parking rates,
parking passes, or the duration of parking on public trust streets or
on other public trust lands.
(d) Parking revenues from public trust streets or other public
trust lands shall be used for transportation facilities and services
benefiting the public trust in accordance with the transportation
program, with any surplus revenues to be used for other trust-related
purposes.
1967.7. Meetings of the transportation management agency shall be
held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
1967.8. Section 9400.8 of the Vehicle Code shall not apply to any
fee imposed by this chapter.
1967.9. The city may bring an action pursuant to Sections 860 to
870, inclusive, of the Code of Civil Procedure to confirm the
validity of any resolution adopted by the board of supervisors or the
transportation management agency.
1967.10. Not later than three years and no sooner than one year
after the transportation management agency first collects revenues
from the congestion pricing fees authorized under Section 1967.5, the
authority shall conduct a public opinion survey regarding the
congestion pricing demonstration program and provide a report to the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing on its findings, conclusions, and
recommendations concerning the congestion pricing demonstration
program authorized by this act. The report shall include an analysis
of the success of the congestion pricing demonstration program on
minimizing vehicle miles traveled and motor vehicle trips on the San
Francisco-Oakland Bay Bridge and increasing public transit use, as
well as an economic analysis of the program's impact on funding
public transportation improvements and operations.
1967.11. Nothing in this chapter shall affect the authority granted
to the Bay Area Toll Authority granted in Article 1 (commencing with
Section 30600) of Chapter 2 of Division 17 relating to the San
Francisco-Oakland Bay Bridge.
1967. This act shall be known and may be cited as the Treasure
Island Transportation Management Act.
1967.1. The Legislature finds and declares all of the following:
(a) It is essential for the economic well-being of the state and
the maintenance of a high quality of life that the people of
California have efficient transportation systems that will reduce
traffic congestion, vehicle miles traveled, and greenhouse gas
emissions, and improve travel times and air quality.
(b) In 2006, the Legislature passed Assembly Bill 32 (Ch. 488,
Stats. 2006), which enacted the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), a landmark act that establishes a
first-in-the-world comprehensive program of regulatory and market
mechanisms to achieve real, quantifiable, cost-effective reductions
of greenhouse gases.
(c) Implementation of the California Global Warming Solutions Act
of 2006 will require creative and innovative solutions, including
strategies designed to integrate land use and transportation measures
to reduce vehicle miles traveled and traffic congestion, improve
travel times, and encourage transit use.
(d) The proposed development of Treasure Island includes an
innovative and comprehensive land use and transportation program
designed to discourage motor vehicle usage, reduce vehicle miles
traveled, encourage public transit, and serve as a model of
sustainable neighborhood development. An element of the
transportation program is the use of congestion pricing.
(e) Congestion pricing is a potentially useful tool for
influencing the behavior of drivers of private motor vehicles,
controlling traffic congestion, and reducing vehicle miles traveled
and the production of greenhouse gases. The potential of congestion
pricing for this purpose is well documented and has been implemented
or is under consideration in a number of prominent, high-traffic
cities around the world, including London, Stockholm, and Singapore.
(f) Because Treasure Island is located adjacent to an urban area
with a single point of vehicular access, but is easily served by
multimodal public transit, it is an ideal candidate for a
demonstration program designed to test the feasibility of congestion
pricing as a tool to encourage and fund public transit use and reduce
vehicle miles traveled in furtherance of the state's goals to
improve regional air quality and reduce greenhouse gas emissions and
traffic congestion.
(g) The proposed development of Treasure Island is a leading
example of performance-based infrastructure that uses private
innovation, access to financing, and management efficiencies to build
infrastructure, combined with the social responsibility,
environmental awareness, local knowledge, safety requirements, and
job generation concerns of the public sector. The proposed
transportation program for Treasure Island, including congestion
pricing, will further these goals by allowing private development to
advance funding and resources for construction of a public transit
infrastructure and mixed-use development in a transit-oriented and
sustainable manner, then generating from that development congestion
pricing fees that will maximize use of public transit and generate
revenues to offset the public sector's costs of public transit
facilities and equipment design, construction, operation, and
maintenance.
(h) The purpose of the Treasure Island transportation program is
to accomplish all of the following:
(1) To facilitate the implementation of an innovative, sustainable
transportation program for Treasure Island that will encourage
public transit, bicycle, pedestrian, and waterborne modes of
transportation, reduce vehicle miles traveled, and minimize the
impact of Treasure Island development on the system of state and
local roadways affected by the San Francisco-Oakland Bay Bridge, as
well as on the bridge itself, in furtherance of the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
(2) To develop a comprehensive set of transportation demand
management programs to encourage and facilitate transit use and to
minimize the environmental and other impacts of private motor
vehicles traveling to, from, and on Treasure Island.
(3) To manage Treasure Island-related transportation in a
sustainable manner, to the extent feasible, with the goal of reducing
vehicle miles traveled and minimizing carbon emissions and impacts
on air and water quality.
(4) To create a flexible institutional structure that can set
parking and congestion pricing rates, monitor the performance of the
transportation program, collect revenues, and direct generated
revenues to transportation services and programs serving Treasure
Island.
(5) To promote multimodal access to, from, and on Treasure Island
by a wide range of local, regional, and statewide visitors by
providing a reliable source of funding for transportation services
and programs serving Treasure Island that will include bus transit
service provided by the city's municipal transportation agency, or
its successor agency, and ferry service.
(i) The congestion pricing demonstration program authorized by
this act includes an important reporting requirement to the
Legislature that will allow the Legislature to assess the success of
the program in achieving its goals.
(j) The Treasure Island Development Authority and its private
development partner have undertaken numerous technical and economic
feasibility studies demonstrating the effectiveness of the
transportation program to conserve energy, discourage motor vehicle
usage, reduce vehicle miles traveled, increase transit ridership, and
deliver significant public infrastructure improvements through
public-private partnership.
1967.2. For purposes of this chapter, the following terms have the
following meanings:
(a) "Authority" means the Treasure Island Development Authority, a
nonprofit public benefit corporation established by the board of
supervisors that is vested with both redevelopment authority and the
power and duty to administer the public trust for commerce,
navigation, and fisheries with respect to Treasure Island.
(b) "Board of supervisors" means the Board of Supervisors of the
City and County of San Francisco.
(c) "City" means the City and County of San Francisco.
(d) "Congestion pricing fees" means fees that motorists pay to
drive in a designated congestion pricing zone that are designed to
relieve traffic congestion and promote alternative forms of
transportation, and are set and adjusted to reflect traffic patterns,
congestion levels, time of day, and other conditions that impact the
roadway system.
(e) "Transportation authority" means the San Francisco County
Transportation Authority.
(f) "Transportation management agency" means the Treasure Island
Transportation Management Agency designated by the board of
supervisors pursuant to Section 1967.3.
(g) "Transportation program" means a comprehensive transportation
program for Treasure Island designed to achieve the goals set forth
in Section 1967.1.
(h) "Treasure Island" means Treasure Island and Yerba Buena
Island.
1967.3. The authority is formulating a transportation program in
connection with the authority's redevelopment activities on Treasure
Island. The board of supervisors directed that the transportation
program ensure adequate and reliable funding for transit service for
Treasure Island, including bus transit service provided by the city's
municipal transportation agency, or its successor agency. In
formulating the transportation program, the authority shall make
recommendations for the governance structure of the transportation
management agency. Based on the authority's recommendations, the
board of supervisors may designate a board or agency that shall act
as the transportation management agency. The board of supervisors may
designate itself as the transportation management agency.
Notwithstanding Chapter 898 of the Statutes of 1997, any subsequent
amendments to that chapter, but subject to Section 1967.5, the
transportation management agency shall have the exclusive power to do
any or all of the following pursuant to the terms of a resolution or
ordinance adopted by the board of supervisors:
(a) Adopt and administer the transportation program and
implementing rules and regulations.
(b) Recommend to the board of supervisors and the transportation
authority an initial fee structure for the imposition of congestion
pricing fees applicable to residents and other motorists as they
enter or exit Treasure Island in the amount deemed necessary and
proper by the transportation management agency to implement the
transportation program.
(c) Adopt amendments to the congestion pricing fee structure
initially adopted by the board of supervisors and the transportation
authority pursuant to subdivision (a) of Section 1967.5, as the
transportation management agency deems necessary and appropriate from
time to time to implement the transportation program, based upon a
finding that the amendments to the fee have a relationship or benefit
to the motor vehicle drivers who are paying the fee.
(d) Administer and collect congestion pricing fees on Treasure
Island.
(e) Adopt on-street and off-street parking regulations for
Treasure Island, including regulations limiting parking, stopping,
standing, or loading and establishing parking privileges and
locations, parking meter zones, and other forms of parking regulation
similar to those adopted for other areas of San Francisco.
(f) Adopt on-street and off-street parking fees, fines, and
penalties for Treasure Island and administer and collect all
on-street and off-street parking fees, fines, penalties, and other
parking-related revenues on Treasure Island.
(g) Adopt a transit pass fee structure applicable to residents and
other users of Treasure Island and administer and collect all
Treasure Island transit pass fees.
(h) Fix the rates and charges for services provided or functions
performed by the transportation management agency and administer and
collect those rates and charges.
(i) Apply for, accept, and administer state, federal, local
agency, or other public or private grant funds for transportation
purposes.
(j) Administer and collect all other revenues generated by the
transportation program.
(k) Undertake studies, performance evaluations, and other
mechanisms as it deems necessary and proper to adopt and amend the
transportation program with the purpose of relieving
transportation-related impacts.
(l) Expend its revenues for any purpose related to the
transportation program, including costs of implementation, operation,
collection and enforcement, maintenance, construction, and
administration under the transportation program.
(m) Enter into contracts, cooperative agreements, and direct
funding agreements with private parties and governmental agencies,
including city departments, to the extent deemed necessary and proper
by the transportation management agency to implement the
transportation program, including for any of the following:
(1) The construction and maintenance of transportation facilities
serving Treasure Island that are directly related to the
transportation program, including design, preconstruction, and other
related costs.
(2) Transit capital improvements and operations for services that
directly serve Treasure Island.
(3) Notwithstanding Section 40717.9 of the Health and Safety Code,
implementation of transportation impact mitigation measures as
adopted from time to time to improve or encourage the use of transit
and other nonmotor vehicle means of access to Treasure Island.
(n) Adopt rules and regulations governing high-occupancy vehicles
pursuant to subdivision (d) of Section 1967.5.
(o) Take all other steps as the transportation management agency
deems necessary and proper to implement the transportation program.
1967.4. Except as specifically provided in Section 1967.5, to the
extent that the transportation management agency is granted exclusive
powers to adopt regulations and adopt, fix, administer, and collect
fees, rates, charges, and other revenues with respect to the
transportation program under Section 1967.3, the city and its
departments, boards, and commissions shall be prohibited from
exercising those powers with respect to Treasure Island and the
transportation program.
1967.5. (a) The board of supervisors and the transportation
authority, by a two-thirds majority vote of both bodies, shall have
the authority to adopt a program imposing congestion pricing fees for
motor vehicles exiting and entering Treasure Island from the San
Francisco-Oakland Bay Bridge and an initial congestion pricing fee
structure after consideration of the recommendation of the
transportation management agency. The congestion pricing fees shall
not be imposed on local trips on Treasure Island streets that do not
exit to the San Francisco-Oakland Bay Bridge. Once adopted, the
congestion pricing program may only be terminated by the
recommendation of both the authority and the transportation
management agency, followed by a two-thirds majority vote of both the
board of supervisors and the transportation authority.
(b) (1) Prior to imposing the initial congestion pricing fees, the
board of supervisors and the transportation authority shall each
make a finding of fact by a two-thirds majority vote that the
congestion pricing fees have a relationship or benefit to the motor
vehicle drivers who are paying the fee.
(2) In order to ensure that congestion pricing fees are not
instituted prior to new residents establishing residence on Treasure
Island, initial congestion pricing fees shall not be imposed prior to
the effective date of the disposition and development agreement for
the redevelopment of Treasure Island.
(3) All fees, rates, and charges adopted in furtherance of the
transportation program, including congestion pricing fees, on-street
and off-street parking fees, fines and penalties, transit pass fees,
and any other rates and charges that are adopted by the
transportation management agency from time to time, be collected and
used by the transportation management agency to implement the
transportation program.
(c) While congestion pricing fees remain in effect, the transferor
of any sale or lease agreement of real property on Treasure Island
shall be required to include a written disclosure to the potential
purchaser or lessee that use of a motor vehicle to and from Treasure
Island may be subject to congestion pricing fees.
(d) At all periods of the day, whether or not the congestion
pricing fees are in effect, high-occupancy vehicles shall be able to
exit or enter Treasure Island free of charge.
1967.6. The transportation program shall ensure that public access
to waterfront, recreational, and open-space areas on Treasure Island
is sufficient to support public trust activities by ensuring all of
the following:
(a) Public access to areas subject to the public trust is
facilitated in part by transportation program elements, such as (1)
an on-island shuttle, (2) secure bicycle parking, and (3) limitations
on long-term parking on streets that are subject to the public trust
following a land exchange authorized by Chapter 543 of the Statutes
of 2004, as amended (hereafter public trust streets), that will
discourage residential use of public trust streets for parking but
allow appropriate time for recreational and visitor activities.
(b) Program elements shall not interfere with the provision of
public access to public trust lands consistent with the beneficial
use of those lands, including, but not limited to, roadway access to
serve the public along the western shoreline of Treasure Island.
(c) There shall be no preference for residents in parking rates,
parking passes, or the duration of parking on public trust streets or
on other public trust lands.
(d) Parking revenues from public trust streets or other public
trust lands shall be used for transportation facilities and services
benefiting the public trust in accordance with the transportation
program, with any surplus revenues to be used for other trust-related
purposes.
1967.7. Meetings of the transportation management agency shall be
held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
1967.8. Section 9400.8 of the Vehicle Code shall not apply to any
fee imposed by this chapter.
1967.9. The city may bring an action pursuant to Sections 860 to
870, inclusive, of the Code of Civil Procedure to confirm the
validity of any resolution adopted by the board of supervisors or the
transportation management agency.
1967.10. Not later than three years and no sooner than one year
after the transportation management agency first collects revenues
from the congestion pricing fees authorized under Section 1967.5, the
authority shall conduct a public opinion survey regarding the
congestion pricing demonstration program and provide a report to the
Assembly Committee on Transportation and the Senate Committee on
Transportation and Housing on its findings, conclusions, and
recommendations concerning the congestion pricing demonstration
program authorized by this act. The report shall include an analysis
of the success of the congestion pricing demonstration program on
minimizing vehicle miles traveled and motor vehicle trips on the San
Francisco-Oakland Bay Bridge and increasing public transit use, as
well as an economic analysis of the program's impact on funding
public transportation improvements and operations.
1967.11. Nothing in this chapter shall affect the authority granted
to the Bay Area Toll Authority granted in Article 1 (commencing with
Section 30600) of Chapter 2 of Division 17 relating to the San
Francisco-Oakland Bay Bridge.
