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SB-548 Tri-Valley-San Joaquin Valley Regional Rail Authority: transit connectivity.(2021-2022)

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Date Published: 02/18/2021 09:00 PM
SB548:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 548


Introduced by Senator Eggman
(Principal coauthor: Senator Glazer)
(Principal coauthors: Assembly Members Bauer-Kahan and Villapudua)

February 18, 2021


An act to amend Sections 132652, 132656, and 132661 of, and to add Section 132662 to, the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 548, as introduced, Eggman. Tri-Valley-San Joaquin Valley Regional Rail Authority: transit connectivity.
Existing law establishes the Tri-Valley-San Joaquin Valley Regional Rail Authority for purposes of planning, developing, and delivering cost-effective and responsive transit connectivity, between the Bay Area Rapid Transit District’s rapid transit system and the Altamont Corridor Express commuter rail service in the Tri-Valley, as defined, region of California. Existing law gives the authority all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, among other powers, the power to enter into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity.
This bill would additionally give the authority the power to enter into design-build contracts, as specified, and would exempt the authority from provisions that preclude the inclusion of long-term maintenance and operations obligations in a design-build contract. The bill would expressly exempt the authority and any entity contracted to serve as the operator of any transit connectivity developed and delivered pursuant to the authority’s powers from specified provisions related to regulation by counties and cities regarding building, zoning, and related matters.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 132652 of the Public Utilities Code is amended to read:

132652.
 The authority is hereby established for purposes of planning, developing, and delivering cost-effective and responsive transit connectivity, between BART’s rapid transit system and the Altamont Corridor Express commuter rail service in the Tri-Valley region of California, service, that reflects regional consensus and meets the goals and objectives of the San Joaquin Valley and Tri-Valley communities, consistent with the project feasibility report adopted pursuant to Section 132661.

SEC. 2.

 Section 132656 of the Public Utilities Code is amended to read:

132656.
 The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following:
(a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities.
(b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority.
(c) Incurring indebtedness, secured by pledges of available revenue.
(d) Contracting with public and private entities for the planning, design, and construction of the connection. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity.
(e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, “joint development” includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity.
(f) Relocation of utilities, as necessary to achieve transit connectivity.
(g) Entering into design-build contracts pursuant to any applicable law, which may include long-term maintenance and operations obligations that are exempt from the restrictions described in paragraph (2) of subdivision (a) of Section 22164 of the Public Contract Code.

SEC. 3.

 Section 132661 of the Public Utilities Code is amended to read:

132661.
 (a) On or before July 1, 2019, the authority shall provide a project feasibility report to the public, to be posted on the authority’s Internet Web site, internet website, on the plans for the development and implementation of transit connectivity in the Tri-Valley region. connectivity. The report, at a minimum, shall include the following elements:
(1) Recommendations for expediting the development of cost-effective and responsive transit connectivity between BART’s rapid transit system and the Altamont Corridor Express commuter rail service in the Tri-Valley region. service.
(2) The identification of a preferred entity or entities to deliver transit connectivity, including the role each entity will play in planning, designing, financing, constructing, operating, maintaining, and the leasing, developing, or disposing of land, facilities, or equipment, necessary to deliver and operate transit connectivity.
(3) A funding plan describing any grants, loans, allocations, fund transfers, or awards of local, regional, state, federal, or private funds that are proposed to be made available for achieving transit connectivity.
(4) A description of any plan to finance the development of transit connectivity, including a description of any revenue source or sources to be pledged for financing, the duration of time to complete the financing, and the estimated total cost of financing.
(5) A proposed schedule for the completion of transit connectivity.
(6) A preliminary design for the project or projects to complete transit connectivity, including the identification of right-of-way, routes, stations, equipment, and any other facilities necessary to achieve transit connectivity.
(b) The authority may use any relevant environmental review documents previously completed by the Bay Area Rapid Transit District or the San Joaquin Regional Rail Commission to prepare the report specified in subdivision (a).
(c) Upon completion and approval by the authority of the project feasibility report required under subdivision (a), the authority shall submit the report to the Metropolitan Transportation Commission, the governing board of the Bay Area Rapid Transit District, the governing board of the San Joaquin Regional Rail Commission, the policy committees of each house of the Legislature with jurisdiction over transportation policy matters, and the Transportation Agency.

SEC. 4.

 Section 132662 is added to the Public Utilities Code, immediately following Section 132661, to read:

132662.
 The authority and any entity contracted to serve as the operator of any transit connectivity developed and delivered pursuant to this chapter are not subject to Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.