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AB-2995 San Francisco Area Water Emergency Transportation Authority.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2995:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2995


Introduced by Assembly Member Chiu

February 21, 2020


An act to amend Section 66502 Sections 66540.3, 66540.5, and 66540.6 of the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2995, as amended, Chiu. Metropolitan Transportation Commission. San Francisco Area Water Emergency Transportation Authority.
Existing law establishes the San Francisco Bay Area Water Emergency Transportation Authority. Existing law vests the authority with authority and control over public transportation ferries within the San Francisco Bay area region, except as specified, and defines “public transportation ferries” for that and related purposes as ferryboats operated, sponsored, funded, or subsidized by any public agency.
This bill would instead specify that the authority has exclusive authority, rather than authority and control, over public transportation ferries within the San Francisco Bay area region. The bill would expand the definition of “public transportation ferries” to also include ferryboats landed at any facility operated, sponsored, funded, or subsidized by any public agency, but would exclude sightseeing ferries and ferries that do not provide point-to-point service from that definition.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law prohibits a corporation or person from operating, or causing to be operated, any vessel for the transportation of persons or property for compensation between points in this state without first having obtained from the commission a certificate declaring that public convenience and necessity require that operation. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Existing law requires the authority to determine the entry within its jurisdiction of any water transportation service or facility that will affect public lands or receive or benefit from the use of federal, state, or local funds, except as specified.
This bill would require each application to the commission to operate, or cause to be operated, a vessel for the transportation of persons or property for compensation and between points in the San Francisco Bay area region, except as specified, to include a concurrence from the authority, which the bill would require the authority to grant upon its board finding that the application is for water transportation services that are complementary to existing or planned service by public transportation ferries. The bill would require the commission to update its rules of practice and procedure and application process, as necessary, to be consistent with these requirements. Because a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing these provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The Metropolitan Transportation Commission Act creates the Metropolitan Transportation Commission as a regional agency for the San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities.

This bill would make nonsubstantive to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66540.3 of the Government Code is amended to read:

66540.3.
 (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this title.

(a)

(b) (1) “Authority” means the San Francisco Bay Area Water Emergency Transportation Authority created by established pursuant to Section 66540.4.

(b)

(2) “Bay area region” means the region described in Section 66502.

(c)

(3) “Board” means the board of directors of the authority.

(d)

(4) “Public agency” includes, but is not limited to, the all of the following:
(A) The federal government or any officer, department, division, bureau, board, and commission or other body or agency thereof; the thereof.
(B) The state government or any officer, department, division, bureau, board, and commission or other body or agency thereof; other thereof.
(C) Other state governments or any officer, department, division, bureau, board, and commission or other body or agency thereof; any thereof.
(D) Any town, city, county, city and county, and municipal corporation, whether incorporated or not and whether chartered or not, or any officer, department, division, bureau, board, and commission or other body or agency thereof; any thereof.
(E) Any school district, political subdivision, district or local agency or any officer, department, division, bureau, board, and commission or other body or agency thereof.

(e)

(5) (A) “Public transportation ferries” means ferryboats either operated, sponsored, funded, or subsidized by any public agency, including, but not limited to, those ferryboats operated under by a public agency pursuant to an agreement with a private operator. operator, or landed at any facility operated, sponsored, funded, or subsidized by any public agency.
(B) “Public transportation ferries” does not include sightseeing ferries and ferries that do not provide point-to-point service.

(f)

(6) “Water transportation services” means the transportation of passengers, their incidental baggage, including wheelchairs and bicycles, and small packages by water-borne vessels, and the loading, unloading, and ancillary activities related thereto. Water transportation services does not include the continuous transportation of goods in interstate or international commerce.

SEC. 2.

 Section 66540.5 of the Government Code is amended to read:

66540.5.
 The (a) In order to establish and secure emergency activities of all water transportation and related facilities within the bay area region, the authority may operate a comprehensive emergency public water transportation system that includes water transportation services, water transit terminals, and any other transport and facilities supportive of the system for the bay area region, provided that those facilities are consistent with the San Francisco Bay Plan adopted by the San Francisco Bay Conservation and Development Commission, as it may be amended from time to time, and that the authority consults in good faith with affected municipalities, counties, and other public agencies that may be affected by a particular facility.
(b) The authority shall have the authority to plan, manage, operate, and coordinate the emergency activities of all water transportation and related facilities within the bay area region, except those provided or owned by the Golden Gate Bridge, Highway and Transportation District. During a state of war emergency, a state of emergency, or a local emergency, as described those terms are defined in Section 8558, the authority, in cooperation with the Office of Emergency Services, the United States Coast Guard, the Federal Emergency Management Agency, and the Metropolitan Transportation Commission, shall coordinate the emergency activities for all water transportation services in the bay area region and, for such purposes, shall be known as the Bay Area Maritime Emergency Transportation Coordinator.

SEC. 3.

 Section 66540.6 of the Government Code is amended to read:

66540.6.
 (a) In order to establish and secure emergency activities of all water transportation and related facilities within the bay area region, the authority shall have the authority to operate a comprehensive emergency public water transportation system that includes water transportation services, water transit terminals, and any other transport and facilities supportive of the system for the bay area region, provided that those facilities are consistent with the bay plan adopted by the Bay Conservation and Development Commission, as it may be amended from time to time, and that the authority consults in good faith with affected municipalities, counties, and other public agencies that may be affected by a particular facility. The authority shall have exclusive authority and control over public transportation ferries within the bay area region, except that this section shall not affect any vessels, facilities, or services owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District. including the implementation of any improvements, expansions, or enhancements of public transportation ferries and related facilities and services within the bay area region. The planning, management, and operation of any existing or planned public transportation ferries and related facilities and services in the bay area region shall be consolidated under the authority’s control, subject to the adoption of the transition plan required by subdivision (b) of Section 66540.32. The authority shall not compel property transfers or operational changes to water transportation services provided by public agencies on or before January 1, 2008, prior to the adoption of that transition plan. control.
(b) Because of the importance of an orderly development of a comprehensive bay area region emergency water transportation system, the environmental, health, emergency, and public safety issues implicated, and the scarce resources available, the authority shall determine the entry within its jurisdiction of any water transportation service or facility that will affect existing or planned service of public transportation ferries, affect public lands lands, or receive or benefit from the use of federal, state, or local funds, except those owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District.
(c) (1) Consistent with Section 1007 of the Public Utilities Code, an application, or amendment thereto, submitted to the Public Utilities Commission for a certificate to operate or cause to be operated any vessel for the transportation of persons or property for compensation and between points in the bay area region shall include a concurrence from the authority.
(2) The Public Utilities Commission shall update its rules of practice and procedure and application process, as necessary, to be consistent with this subdivision’s requirements.
(3) The authority shall grant a concurrence only upon the authority’s board finding that the application is for water transportation services that are complementary to existing or planned service by public transportation ferries.

(c)

(4) Nothing in this section title shall be construed to be in derogation of the existing authority of the California Public Utilities Commission.
(d) This section shall not affect any vessels, facilities, or services owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District, or ferry service existing on January 1, 2020, that is operated, either directly or pursuant to a contract with a private operator, by the state or federal government, including delta ferry service and service to Alcatraz Island or Angel Island.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 66502 of the Government Code is amended to read:
66502.

(a)There is hereby created, as a local area planning agency and not as a part of the executive branch of the state government, the Metropolitan Transportation Commission to provide comprehensive regional transportation planning for the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma.

(b)As used in this title, “region” means the region described in this section.