This act shall be known and may be cited as the Treasure Island Transportation Management Act.
Chapter 9Treasure Island Transportation Management
Section § 1967
This section gives the official name for a specific piece of legislation: the Treasure Island Transportation Management Act. It allows the act to be referred to by this name.
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Section § 1967.1
This section highlights the importance of efficient transportation systems in California to reduce traffic, improve air quality, and cut down on greenhouse gas emissions. It references the California Global Warming Solutions Act of 2006 and the need for innovative strategies that integrate land use and transportation. The development of Treasure Island is used as an example of sustainable development focusing on reducing vehicle travel and promoting public transit.
The legislation supports congestion pricing, which charges drivers a fee to alleviate traffic and encourage transit use. Treasure Island's unique location makes it an ideal testing ground for this approach, aiming to fund public transport and reduce emissions.
The transportation program for Treasure Island includes goals like promoting transit modes, managing transport sustainably, setting parking rates, and ensuring flexible governance. A key component is the partnership between public and private sectors to deliver infrastructure improvements. It also mandates regular reporting to assess the program's effectiveness.
The Legislature finds and declares all of the following:
(a)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(h) The purpose of the Treasure Island transportation program is to accomplish all of the following:
(1)CA Streets and Highways Code § 1967.1(h)(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)CA Streets and Highways Code § 1967.1(h)(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)CA Streets and Highways Code § 1967.1(h)(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)CA Streets and Highways Code § 1967.1(h)(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)CA Streets and Highways Code § 1967.1(h)(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)CA Streets and Highways Code § 1967.1(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)CA Streets and Highways Code § 1967.1(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.
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Section § 1967.10
This section mandates that between one to three years after starting to collect congestion pricing fees, the transportation authority must conduct a public opinion survey about the program. They need to present a report to specific state committees, analyzing how well the program reduces vehicle travel on the San Francisco-Oakland Bay Bridge and boosts public transit use. The report should also evaluate the economic effects on funding public transportation improvements and operations.
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.
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Section § 1967.11
This section clarifies that any rules or changes made in this chapter do not impact the powers and responsibilities given to the Bay Area Toll Authority regarding the management of the San Francisco-Oakland Bay Bridge, as described in a different part of the law.
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.
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Section § 1967.2
This section defines key terms used in the chapter about Treasure Island's development and management. It specifies that the 'Authority' refers to the Treasure Island Development Authority, a nonprofit with responsibilities over redevelopment and managing public trust matters on Treasure Island. The 'board of supervisors' and 'city' refer to San Francisco's governing body. 'Congestion pricing fees' are charges for driving in specific areas to manage traffic, and fees adjust based on traffic conditions. The 'transportation authority' is the San Francisco County Transportation Authority, and the 'transportation management agency' is the Treasure Island Mobility Management Agency. The 'transportation program' is a comprehensive initiative for Treasure Island's transit goals. 'Treasure Island' includes both Treasure Island and Yerba Buena Island.
For purposes of this chapter, the following terms have the following meanings:
(a)CA Streets and Highways Code § 1967.2(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)CA Streets and Highways Code § 1967.2(b) “Board of supervisors” means the Board of Supervisors of the City and County of San Francisco.
(c)CA Streets and Highways Code § 1967.2(c) “City” means the City and County of San Francisco.
(d)CA Streets and Highways Code § 1967.2(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)CA Streets and Highways Code § 1967.2(e) “Transportation authority” means the San Francisco County Transportation Authority.
(f)CA Streets and Highways Code § 1967.2(f) “Transportation management agency” means the Treasure Island Mobility Management Agency, formerly the Treasure Island Transportation Management Agency, designated by the board of supervisors pursuant to
Section 1967.3.
(g)CA Streets and Highways Code § 1967.2(g) “Transportation program” means a comprehensive transportation program for Treasure Island designed to achieve the goals set forth in Section 1967.1.
(h)CA Streets and Highways Code § 1967.2(h) “Treasure Island” means Treasure Island and Yerba Buena Island.
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Section § 1967.3
This law involves creating a transportation program as part of redevelopment efforts on Treasure Island. The board of supervisors will ensure there's reliable funding for transit services, including the city's bus services. They can designate or change the transportation management agency responsible for this program. This agency will manage fees, parking regulations, and transit pass structures, ensuring they help relieve traffic issues on the island.
Key activities of the agency include setting and collecting congestion pricing fees, managing parking regulations, and obtaining funding to support transportation improvements. It can also conduct studies and enter into agreements to enhance transit services and facilities. Overall, the aim is to improve traffic flow and encourage transportation alternatives on Treasure Island.
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 revise
or revoke this designation of the transportation management agency and designate a new board or agency to act as the transportation management agency at any time. The board of supervisors may also 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)CA Streets and Highways Code § 1967.3(a) Adopt and administer the transportation program and implementing rules and regulations.
(b)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(d) Administer and collect congestion pricing fees on Treasure Island.
(e)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(i) Apply for, accept, and administer state, federal, local agency, or other public or private grant funds for transportation purposes.
(j)CA Streets and Highways Code § 1967.3(j) Administer and collect all other revenues generated by the transportation program.
(k)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(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)CA Streets and Highways Code § 1967.3(m)(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)CA Streets and Highways Code § 1967.3(m)(2) Transit capital improvements and operations for services that directly serve Treasure Island.
(3)CA Streets and Highways Code § 1967.3(m)(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)CA Streets and Highways Code § 1967.3(n) Adopt rules and regulations governing high-occupancy vehicles pursuant to subdivision (d) of Section 1967.5.
(o)CA Streets and Highways Code § 1967.3(o) Take all other steps as the transportation management agency deems necessary and proper to implement the transportation program.
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Section § 1967.35
The transportation management agency is an independent public entity in charge of its own responsibilities and is not liable for other agencies’ debts. It operates under the authority of the transportation authority's board, according to guidelines set by the board of supervisors. The agency can hire people, manage public facilities, engage in legal actions, and invest funds as necessary.
It must create an annual budget, and board members receive payment and reimbursements for their duties. Furthermore, the transportation authority can support the agency financially to help it fulfill its designated roles.
(a)CA Streets and Highways Code § 1967.35(a) The transportation management agency is an independent and autonomous public agency governed by the board of the transportation authority, as designated by the board of supervisors on April 1, 2014, or by any future revised governance as designated by the board of supervisors pursuant to Section 1967.3. The transportation management agency is a separate and distinct legal entity responsible for its own obligations, debts, and liabilities and not for the obligations, debts, or liabilities of any other agency or entity.
(b)CA Streets and Highways Code § 1967.35(b) The transportation management agency is authorized under its own name to do all acts necessary or convenient for the exercise of its
designated powers and the financing of projects, including, but not limited to, all of the following:
(1)CA Streets and Highways Code § 1967.35(b)(1) To employ agents or employees.
(2)CA Streets and Highways Code § 1967.35(b)(2) To acquire, construct, manage, maintain, lease, or operate any public facility or improvements.
(3)CA Streets and Highways Code § 1967.35(b)(3) To sue and be sued in its own name.
(4)CA Streets and Highways Code § 1967.35(b)(4) To invest any money not required for the immediate necessities of the transportation management agency, as it determines is advisable.
(c)CA Streets and Highways Code § 1967.35(c) The transportation management agency shall adopt an annual budget. Its board members shall be compensated as determined by the transportation management agency and shall be
reimbursed for necessary and reasonable expenses incurred in connection with performing transportation management agency duties. The transportation management agency shall pay all costs
required by this section.
(d)CA Streets and Highways Code § 1967.35(d) The transportation authority may make direct contributions or contributions on a reimbursement-for-cost basis to the transportation management agency in furtherance of the exercise of its powers as designated under Section 1967.3.
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Section § 1967.4
This law states that once the transportation management agency is given exclusive control to make rules and handle fees related to the transportation program for Treasure Island, the city and its various parts like departments and boards can't interfere with these actions.
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.
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Section § 1967.5
This law allows the board of supervisors and the transportation authority to introduce congestion pricing fees for vehicles entering and exiting Treasure Island via the San Francisco-Oakland Bay Bridge, requiring a two-thirds majority vote. These fees won't affect local trips that don't use the bridge. The fees can only be stopped with another two-thirds vote following recommendations from relevant agencies.
Before starting these fees, both bodies must agree by a two-thirds vote that the fees benefit those paying them. Fees won't be set until residents start moving to Treasure Island and a development agreement is in place.
All collected fees will fund transportation improvements, and property sellers or lessors must inform potential buyers or renters about these fees. High-occupancy vehicles can always access the island for free.
(a)CA Streets and Highways Code § 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)Copy CA Streets and Highways Code § 1967.5(b)
(1)Copy CA Streets and Highways Code § 1967.5(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)CA Streets and Highways Code § 1967.5(b)(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)CA Streets and Highways Code § 1967.5(b)(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)CA Streets and Highways Code § 1967.5(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)CA Streets and Highways Code § 1967.5(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.
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Section § 1967.6
This law outlines how a transportation program should facilitate public access to waterfront, recreational, and open-space areas on Treasure Island. It requires specific measures such as providing a shuttle and secure bicycle parking, while also limiting long-term parking on certain streets to prioritize recreational use. It prohibits special parking privileges for residents on public trust lands and mandates that parking revenues be reinvested into transportation services or other trust-related purposes.
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)CA Streets and Highways Code § 1967.6(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)CA Streets and Highways Code § 1967.6(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)CA Streets and Highways Code § 1967.6(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)CA Streets and Highways Code § 1967.6(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.
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Section § 1967.7
This law states that meetings of the transportation management agency must follow the rules set out in the Ralph M. Brown Act. This means the meetings are required to be open and public, ensuring government transparency.
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).
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Section § 1967.8
This section states that a specific rule in the Vehicle Code, referred to as Section 9400.8, does not apply to the fees mentioned in this chapter. Essentially, any fees charged under this chapter are exempt from the provisions of that specific rule.
Section 9400.8 of the Vehicle Code shall not apply to any fee imposed by this chapter.
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Section § 1967.9
This law section allows a city to legally challenge or validate any decision made by the board of supervisors or the transportation management agency. They can do this by initiating an action under specific sections of the Code of Civil Procedure.
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.
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