Seismic Retrofit Surcharge - - CA Streets And Highways

Section § 31000

This section provides definitions for specific terms used in laws about toll bridge seismic retrofitting. An 'Account' is a special fund for this purpose. 'Amenities' could include things like a cable suspension bridge, bike paths, or a transbay terminal. 'Authority' refers to the Bay Area Toll Authority. 'Bay area bridges' are the state-owned toll bridges in the jurisdiction of the Metropolitan Transportation Commission. The 'Department' means the Department of Transportation. 'Seismic retrofit' involves work done on bay area bridges to make them earthquake-resistant, including necessary planning and environmental considerations. Lastly, 'Surcharge' refers to special charges for funding these retrofits.

The following definitions apply for purposes of this chapter:

(a) “Account” means the Toll Bridge Seismic Retrofit Account created pursuant to Section 188.10.

(b) “Amenities” means any of the following:

(1) A cable suspension bridge.

(2) A bicycle facility.

(3) A transbay terminal.

(d) “Bay area bridges” means the state-owned toll bridges within the area of the geographic jurisdiction of the Metropolitan Transportation Commission.

(e) “Department” means the Department of Transportation.

(f) “Seismic retrofit” means all work completed by the department on the bay area bridges relating to the planning, design, and construction of improvements to, or replacement of, those bridges for the purpose of withstanding seismic forces, including, but not limited to, any environmental or traffic mitigation necessary for that work.

(g) “Surcharge” means the seismic retrofit surcharge imposed pursuant to Section 31010.

Toll Bridge Seismic Retrofit Bay Area Toll Authority Seismic forces Cable suspension bridge Bicycle facility Transbay terminal State-owned toll bridges Metropolitan Transportation Commission Department of Transportation Environmental mitigation Traffic mitigation Seismic retrofit surcharge

(Amended by Stats. 2003, Ch. 715, Sec. 88. Effective January 1, 2004.)

Section § 31010

This law imposes a $1 seismic retrofit surcharge for vehicles crossing Bay Area state-owned toll bridges. Some vehicles are exempt from this charge. The money collected, beyond what's needed for existing toll obligations, can be used for specific projects as per Sections 30913 and 30914. It’s directly deposited into the Bay Area Toll Account and helps cover the costs related to bridge tolls. Additionally, the funds must primarily repay obligations issued by the California Infrastructure and Economic Development Bank, until those debts are paid off. The surcharge could increase if needed to ensure debt service on these obligations, but once the debts are settled, that increase ends.

(a) There is hereby imposed a seismic retrofit surcharge equal to one dollar ($1) per vehicle for passage on the Bay Area state-owned toll bridges, except for vehicles that are authorized toll-free passage on these bridges.

(b) Funds generated pursuant to subdivision (a) that are in excess of those needed to meet the toll commitment as specified by paragraph (4) of subdivision (b) of Section 188.5 shall be available to the authority for funding, consistent with Sections 30913 and 30914, the purposes and projects described in those sections.

(c) Except as provided in subdivision (d), funds generated pursuant to subdivision (a) shall be paid to the authority directly and deposited in the Bay Area Toll Account pursuant to Section 30950.2 and shall constitute revenues of the tolls imposed on the bridges described in Section 30910 for all purposes of Chapter 4.3 (commencing with Section 30950).

(d) Funds generated pursuant to subdivision (a) shall be used exclusively to repay obligations issued by the California Infrastructure and Economic Development Bank and secured by the surcharge imposed by subdivision (a) until they are no longer outstanding, as that term is defined in the constituent instruments defining the rights of the holders of those obligations. This subdivision shall become inoperative when the obligations are no longer outstanding, as that term is defined in the constituent instruments defining the rights of the holders of those obligations.

(e) The department may increase the amount of the seismic retrofit surcharge identified in subdivision (a) for debt service purposes only on the obligations issued by the California Infrastructure and Economic Development Bank under Chapter 4.6 (commencing with Section 31070) and only for as long as those obligations are outstanding, as that term is defined in the constituent instruments defining the rights of the holders of those obligations, if circumstances exist that have resulted in a reduction in the funds generated by subdivision (a) so as to jeopardize the payment of debt service on those obligations. This subdivision shall become inoperative when those obligations are no longer outstanding due to their retirement or defeasance.

seismic retrofit surcharge Bay Area toll bridges vehicle surcharge toll funds California Infrastructure and Economic Development Bank debt service Section 30913 Section 30914 surplus funds toll revenues bridge tolls obligations repayment toll exemption Bay Area Toll Account outstanding obligations

(Amended by Stats. 2005, Ch. 71, Sec. 15. Effective July 18, 2005.)

Section § 31011

This law allows the authority to raise the surcharge amount for completing seismic upgrades on state toll bridges. However, no increase can occur before January 1, 2007. Any additional revenue from this surcharge must be deposited into the Bay Area Toll Account.

Before any surcharge increase takes effect, the authority must hold at least two public meetings, providing a 45-day notice before making a decision.

(a) The authority may increase the amount of the surcharge described in Section 31010 for the purpose of completing the state toll bridge seismic program described in Section 188.5 and to meet its obligations under the act adding this section in the 2005–06 Regular Session. No increase shall be made effective prior to January 1, 2007.

(b) Notwithstanding any other provision of law, revenues generated by an increase imposed pursuant to this section shall be deposited in the Bay Area Toll Account.

(c) The authority shall hold at least two public meetings at least 45 days before taking any action pursuant to subdivision (a) to increase the amount of the surcharge.

toll bridge surcharge seismic program Bay Area Toll Account public meetings surcharge increase toll revenues seismic upgrades state toll bridge public notice revenue deposit meeting requirements authority obligations Section 188.5 infrastructure funding 2005–06 Regular Session

(Amended by Stats. 2009, Ch. 515, Sec. 8. (AB 1175) Effective January 1, 2010.)

Section § 31015

This law places a cap on revenues from a surcharge at $907 million unless specific conditions are met. These conditions include choosing a more expensive bridge design, requesting funds for a bus terminal in San Francisco, or adding bike or pedestrian access to parts of the San Francisco-Oakland Bay Bridge. If any of these situations occur, the local portion of project costs will increase to cover extra expenses. Additionally, requested amenities will only be included if they are fully funded by the surcharge.

(a) Revenues generated from the surcharge shall not exceed nine hundred seven million dollars ($907,000,000), unless any of the following occurs:

(1) After completing 30 percent of the design, and after completion of a cost estimate by the department, the authority selects a design that costs more than the cost of a single tower cable suspension bridge selected by the department.

(2) The authority requests funding for the replacement or relocation of the transbay bus terminal in the City and County of San Francisco.

(3) The authority requests funding for a bicycle or pedestrian access that is to be added to either the new east span of the San Francisco-Oakland Bay Bridge or the retrofitted west span of that bridge, or both.

(b) If the authority does any of the things listed in paragraphs (1) to (3), inclusive, of subdivision (a), the local share of the project costs shall be increased by an amount equal to any additional costs that are incurred as a result of the authority’s decision.

(c) The department shall include the amenities requested by the authority only if sufficient funds generated by the seismic retrofit surcharge are made available to fully pay for those amenities.

surcharge revenue limit bridge design costs transbay bus terminal bicycle access funding pedestrian access funding local project cost increase seismic retrofit surcharge San Francisco-Oakland Bay Bridge east span amenities west span retrofitting funding conditions project cost estimation design selection amenity funding bridge infrastructure funding

(Amended by Stats. 1998, Ch. 84, Sec. 1. Effective January 1, 1999.)

Section § 31020

This section explains that money made from a special charge added to fund bridge repairs in California must be used to pay off certain debts first. These debts were created to finance those repairs and are managed by a state bank. Once these debts are fully paid off, any bridge toll money collected will go into a special account called the Bay Area Toll Account.

Notwithstanding Section 30953, as amended by the act adding this section in the 2005–06 Regular Session, revenue generated from the seismic retrofit surcharge imposed pursuant to subdivision (a) of Section 31010 shall be deposited in the account until obligations secured by that seismic retrofit surcharge and issued by the California Infrastructure and Economic Development Bank under Chapter 4.6 (commencing with Section 31070) are no longer outstanding as that term is defined in the constituent instruments defining the rights of the holders of those obligations. After obligations of the bank secured by toll funds are no longer outstanding, all toll revenues generated from bridges in the geographic jurisdiction of the Metropolitan Transportation Commission shall be deposited in the Bay Area Toll Account.

seismic retrofit surcharge California Infrastructure and Economic Development Bank toll revenues bridge repair funding Metropolitan Transportation Commission Bay Area Toll Account toll funds debt obligations bridge tolls seismic retrofit funding infrastructure financing toll fund allocation outstanding obligations

(Repealed and added by Stats. 2005, Ch. 71, Sec. 18. Effective July 18, 2005.)

Section § 31021

This law states that projects related to retrofitting and replacing toll bridges for seismic safety aren't charged administrative overhead costs by the department, as they fall within specific departmental duties.

Projects in the state toll bridge seismic retrofit and replacement program described in Section 188.5 are not subject to administrative overhead cost assessments by the department because they are within the duties described in Section 30952.

toll bridge projects seismic retrofit replacement program administrative overhead costs department duties Section 188.5 Section 30952 cost assessments bridge safety infrastructure projects California toll bridges unassessed costs state program seismic safety department obligations

(Added by Stats. 2005, Ch. 71, Sec. 19. Effective July 18, 2005.)