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AB-3059 Go Zone demonstration programs.(2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB3059:v98#DOCUMENT

Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3059


Introduced by Assembly Member Bloom
(Coauthor: Assembly Member Holden)
(Principal coauthor: Senator Wiener)

February 16, 2018


An act to add Chapter 2.55 (commencing with Section 65087) to Division 1 of Title 7 of the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 3059, as amended, Bloom. Congestion pricing demonstration pilot projects. Go Zone demonstration programs.
(1) Existing law provides for the development of a congestion management program for each county that includes an urbanized area by a designated congestion management agency. Existing law authorizes the Metropolitan Transportation Commission and the Bay Area Air Quality Management District to jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the 2 agencies with a specified number of covered employees to offer those employees certain commute benefits.
This bill would authorize 2 congestion pricing demonstration projects Go Zone demonstration programs in northern California and 2 in southern California. The bill would define “congestion pricing” to mean the assessment of a charge on motor vehicles using local streets and roads in a participating jurisdiction, which charge could vary based on the time of day or the day of the week. “Go Zone demonstration program” to mean a transportation program that reduces vehicle congestion by targeting highly congested areas with additional transportation choices and decongestion fees that encourage people to take transit, carpool, bike, walk, or adjust trip times at congested times of day. The bill would require the governing body of an eligible participating jurisdiction, as defined, to adopt a congestion pricing an ordinance containing various elements, including a decongestion fee element, and would require the proposed ordinance to be approved by the applicable congestion management agency subject to specified findings, including a finding that the proposed demonstration project is likely to be successful. The bill would require a charge by a congestion pricing such an ordinance to be imposed consistent with the California Constitution and federal law. The bill would enact other related provisions.
(2) Existing law prohibits a local agency from imposing a tax, permit fee or other charge, except as specified, after December 31, 1990, unless the charge had been imposed prior to June 1, 1989.
This bill would provide that this prohibition does not apply within a jurisdiction undertaking a congestion pricing demonstration project Go Zone demonstration program for the duration of that demonstration project. program.
This bill, by imposing new duties on congestion management agencies, would impose a state-mandated local program.
(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 2.55 (commencing with Section 65087) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER  2.55. Congestion Pricing Demonstration Pilot Projects Go Zone Demonstration Programs

65087.
 The Legislature finds and declares both 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) that 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 established a first-in-the-world comprehensive program of regulatory and market mechanisms to achieve real, quantifiable, cost-effective reductions of greenhouse gases.
(c) In 2016, the Legislature passed Senate Bill 32 (Ch. 249, Stats. 2016) that bolstered the goals of the California Global Warming Solutions Act of 2006 and established new greenhouse gas emissions reductions goals.
(d) In 2008, the Legislature passed Senate Bill 375 (Ch. 728, Stats. 2008) that guides the development of the state’s regions to achieve certain goals for the reduction of greenhouse gas emissions from automobiles and light trucks.
(e) Implementation of Assembly Bill 32 and Senate Bill 375 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.
(f) Regional traffic congestion is a barrier to achieving our climate goals and acts as a major drag on the state’s economy, costing Californians billions of dollars a year in wasted fuel and lost time.
(g) It is the intent of the Legislature to pursue integrated programs featuring transportation choices and transportation demand management tools, including congestion pricing, as proven solutions for reducing vehicle congestion.
(h) It is the intent of the Legislature to empower California’s cities and regions with tools for managing traffic congestion, reducing vehicle miles traveled, and supporting low-carbon transportation choices.

(a)

(i) It is the intent of the Legislature to authorize at least two congestion pricing no more than four Go Zones that are demonstration pilot projects programs featuring decongestion fees and robust transportation alternatives to driving, including two in northern California and two in southern California.

(b)

(j) It is the intent of the Legislature that the congestion pricing demonstration pilot projects Go Zone demonstration programs should not exceed 10 years, and should be based on similar best practice congestion pricing programs previously implemented elsewhere in the world.

(c)

(k) It is the intent of the Legislature that any congestion pricing demonstration pilot projects Go Zone demonstration program be implemented in such a way as to advance transportation equity, whether through equity through pricing structures, such as rebates, exemptions, pricing structure, or revenue investment. discounts, and revenue investment in mobility options that meaningfully benefit low-income travelers, such as through transit improvements, transit passes, express bus service, or carpool and rideshare programs.

65087.1.

For the purposes of this chapter, “congestion pricing” means the assessment of a charge on motor vehicles using local streets and roads in an eligible participating jurisdiction. The charge may vary based on the time of day or the day of the week.

65087.2.

An “eligible participating jurisdiction” means a city, county, or a city and county that is able to comply with all of the requirements of this chapter.

65087.1.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Additional transportation choices” means affordable, sustainable, equitable, and accessible transportation modes, including, but not limited to, rail, bus, shuttles, vanpools, carpools, biking, walking, and other services that reduce congestion and carbon emissions compared to single-occupancy vehicles.
(b) “Decongestion fee” means a fee that a motorist pays to drive in a designated area established as part of a Go Zone demonstration program, that is designed to relieve traffic congestion, promote low-carbon forms of transportation, and incentivize high-occupancy vehicles, and that is set and adjusted to reflect traffic patterns, congestion levels, time of day, and other conditions that impact the roadway system.
(c) “Eligible participating jurisdiction” means a city, county, or a city and county that is able to comply with all of the requirements of this chapter.
(d) “Go Zone demonstration program” means a transportation program that reduces vehicle congestion by targeting highly congested areas with additional transportation choices and decongestion fees that encourage people to take transit, carpool, bike, walk or adjust trip times at congested times of day.

65087.3.

Eligible participating jurisdictions shall be limited to two congestion pricing demonstration pilot projects

65087.2.
 This chapter authorizes no more than two Go Zone demonstration programs in northern California and two in southern California.

65087.4.65087.3.
 (a) A An eligible participating jurisdiction may elect to conduct a congestion pricing demonstration pilot project Go Zone demonstration program by the adoption of a congestion pricing an ordinance by its governing body and approval of the ordinance by the applicable congestion management agency for the local jurisdiction designated pursuant to Chapter 2.6 (commencing with Section 65088). The A participating jurisdiction may elect to conduct a Go Zone demonstration program with one or more other participating jurisdictions through the formation of a joint powers authority. A participating jurisdiction may elect to collaborate on a Go Zone demonstration program with another entity, including, but not limited to, a congestion management agency or transportation planning agency.
(b) The congestion management agency, before giving its approval, shall make a finding that the demonstration project is likely to be successful. Prior all of the following findings:
(1) The Go Zone demonstration program is likely to be successful.
(2) The participating jurisdiction has sufficiently consulted with the applicable transportation planning agency and the California Transportation Commission.
(3) The Go Zone demonstration program is aligned with the objectives of the applicable regional transportation plan.
(c) (1) A participating jurisdiction shall design a Go Zone demonstration program to achieve the goals described in Section 65087 and subdivision (h).
(2) In designing a Go Zone demonstration program, a participating jurisdiction shall prioritize the following goals:
(A) Significantly reduce the number of vehicle miles traveled and reduce emissions of greenhouse gases from the transportation sector consistent with any applicable sustainable communities strategy prepared pursuant to Section 65080.
(B) Contribute to the elimination of traffic-related fatalities and serious injuries.
(d) As part of the Go Zone demonstration program, a participating jurisdiction shall adopt an expenditure plan consistent with subdivision (k) of Section 65087.
(e) (1) Prior to approval, the participating jurisdiction and the congestion management agency shall evaluate and recommend program design features to maximize the benefits and minimize the impacts of any congestion pricing demonstration project a Go Zone demonstration program to disadvantaged communities. An communities, including expanding transit, active transportation services, and low-income traveler assistance programs prior to the initiation of the decongestion fees. The program design features may include full or partial exemptions for low-income travelers, or the funding of transit passes or mobility wallets for low-income travelers.
(2) The congestion management agency shall also develop an equity needs assessment of impacted lower income travelers that employs targeted outreach strategies, such as through focus groups, surveys, or polling, to ensure revenues meaningfully benefit lower income travelers.
(f) An eligible jurisdiction electing to participate shall also consult with the applicable transportation planning agency and the California Transportation Commission in developing its ordinance.

(b)

(g) The congestion pricing ordinance shall specify the duration of the congestion pricing demonstration pilot project, Go Zone demonstration program, which shall not exceed 10 years, the amount of congestion pricing charges decongestion fees to be imposed, collection and enforcement mechanisms, a financing plan to implement the project, program, a transit and active transportation plan to implement transportation alternatives, a public outreach plan, congestion reduction objectives and goals to be achieved, and other necessary and related matters.
(h) A participating jurisdiction shall specify in its ordinance how the Go Zone demonstration program design will achieve the following goals and metrics:
(1) Reduction of vehicle miles traveled.
(2) Increase in transit usage within the participating jurisdiction, and to and from the participating jurisdiction.
(3) Increase in the use of active transportation within the participating jurisdiction, and to and from the participating jurisdiction.
(4) Mitigation of vehicular traffic diversion impacts.
(5) Improvement of public safety within the participating jurisdiction.
(6) Substantial benefits to low-income travelers.

(c)

(i) A charge imposed by a congestion pricing an ordinance pursuant to this chapter shall be imposed consistent with the California Constitution and federal law.

65087.5.65087.4.
 (a) Before approving a participating jurisdiction’s congestion pricing demonstration pilot project, Go Zone demonstration program, the applicable congestion management agency shall conduct at least two public outreach meetings within the affected jurisdiction.
(b) A congestion management agency may incorporate a congestion pricing demonstration pilot project Go Zone demonstration program into its congestion management plan adopted pursuant to Chapter 2.6 (commencing with Section 65088) of this division.

65087.6.65087.5.
 Section 9400.8 of the Vehicle Code shall not apply within a participating jurisdiction for the duration of the congestion pricing demonstration pilot project. Go Zone demonstration program.

65087.7.65087.6.
 The applicable congestion management agency shall evaluate the congestion pricing demonstration pilot project performance of the Go Zone demonstration program using the following performance criteria:
(a) Reduction of vehicle miles traveled.
(b) Increase in transit usage within the participating jurisdiction, and to and from the participating jurisdiction.
(c) Increase in the use of active transportation within the participating jurisdiction, and to and from the participating jurisdiction.
(d) Any vehicular traffic diversion impacts, including any mitigation of those impacts.
(e) Improvement of public safety within the participating jurisdiction.
(f) An assessment of whether the demonstration project program achieved its objectives and goals as outlined in the congestion pricing ordinance.

65087.7.
 After the establishment of a Go Zone demonstration program, a participating jurisdiction shall report to the Legislature at five- and 10-year intervals the results of the program, using the goals and metrics established pursuant to subdivision (h) of Section 65087.3. A report submitted pursuant to this section shall be submitted in compliance with Section 9795.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.