HomeMy WebLinkAbout14 LEGISLATIVE UPDATES 06-17-08AGENDA REPORT
MEETING DATE: JUNE 17, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CITY CLERK'S OFFICE
SUBJECT: LEGISLATIVE REPORTS
SUMMARY:
Staff has prepared three (3) agenda reports that discuss the following legislative items:
• Assembly Bill 3034 (Galgiani): Safe, Reliable High Speed Passenger Train Bond
Act for the 21St Century
AB 3034 (Galgiani) is proposed to amend prior law related to the California High
Speed Rail System and place a $9.95 billion bond measure on the November
2008 statewide ballot. The existing Bond Act gives priority to the segment
between San- Francisco and Los Angeles. The project provides for the potential
extension of the High Speed Rail System into Orange County as Far south as the
Irvine Rail Station. Staff revised the support letter considered at the June 3, 2008
Council Meeting to include the City Council's concerns regarding the incurrence
of additional state debt.
Staff recommends that the City send a letter expressing concerns regarding debt
financing and support for AB 3034 with a request for an amendment to omit
construction in the LOSSAN Corridor south of Anaheim in Orange County.
Senate Bill 1316 (Correa): Transportation Facilities, Tolls, Orange and Riverside
Counties
• SB 1316 is intended to provide the Riverside County Transportation Commission
(RCTC) the authority to develop and operate toll facilities in the median of SR 91
between SR 55 in Orange County and Interstate 15 in Riverside County. Staff is
recommending that the City Council send a letter of support for this bill.
Staff recommends that the City Council send a letter of support for Senate Bill
1316 to the author and local legislators.
Page 2
• Assembly Bill 2175 (Laird): Water Conservation
AB 2175 would require the Department of Water Resources (DWR) to establish a
statewide target to achieve a 20% reduction in urban per capita water use in
California by December 31, 2020.
Staff recommends that that the City continue to monitor AB 2175.
Additionally, Council may request staff to prepare informational reports, and/or letters of
support/opposition on legislative matters that are time-sensitive and not agendized.
RECOMMENDATION:
Pleasure of the City Council.
Maria R. Huizar
Chief Deputy City Clerk
AGENDA REPORT
MEETING DATE: JUNE 17, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: LEGISLATIVE REPORT - AB 3034 SAFE, RELIABLE HIGH-SPEED
PASSENGER TRAIN BOND ACT FOR THE 21ST CENTURY
SUMMARY
AB 3034 (Galgiani) is proposed to amend prior law related to the California High Speed Rail
System and place a $9.95 billion bond measure on the November 2008 statewide ballot.
The existing Bond Act gives priority to the segment between San Francisco and Los
Angeles. The project provides for the potential extension of the High Speed Rail System
into Orange County as Far south as the Irvine Rail Station. Staff is recommending that the
City Council support the proposed bill only if the bond measure is amended to exclude
construction of the segment within the LOSASAN corridor south of Anaheim. Staff has
revised the support letter to include the City Council's concerns regarding the incurrence of
additional state debt.
RECOMMENDATION
Staff recommends that the City send a letter expressing concerns regarding debt financing
and support for AB 3034 with a request for an amendment to omit construction in the
LOSSAN Corridor south of Anaheim in Orange County.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
The California High Speed Rail Authority (Authority) was established in 1996 and is the state
entity responsible for planning, constructing and operating ahigh-speed train system serving
California's major metropolitan areas. The Authority has anine-member policy board (five
appointed by the governor, two appointed by the Senate Rules Committee, and two by the
speaker of the Assembly).
In 2002 SB 1856, The Safe, Reliable High Speed Passenger Train Bond Act was approved
by the legislature and authorized the sale of $9.95 billion in general obligation bonds upon
voter approval at the November 2, 2004 statewide election. The intent was to partially fund
the planning and construction of a high-speed train system linking California's major
metropolitan areas with the San Francisco to Los Angeles Segment being the highest
priority. In 2004, SB 1169 (Murray) delayed the bond authorization to the November 7, 2006
statewide election, and AB 713 (Torrico) of 2006 delayed it again to November 4, 2008
Legislative Report - AB 3034 Safe, Reliable High-Speed Passenger Train Bond Act for the
21st Century
June 17, 2008
Page 2
AB 3034 contains the following amendments to the existing law:
1) Eliminates language specifying that, after the initial investment from the state
to construct the initial segment, operating revenues and funds from the
federal government and the private sector will be used to pay for expansion of
the system.
2) Replaces language that requires the $9 billion of bond proceeds earmarked
for high-speed rail to first be spent on the segment between San Francisco
Trans-Bay Terminal and Los Angeles Union Station, with language that
requires bond proceeds to be spent generally on all high-speed rail segments
and the Altamont Corridor between the Central Valley and the East Bay. This
bill requires the High Speed Rail Authority (HSRA) to give priority to those
system segments that require the least amount of bond funding as a
percentage of total cost, to consider the utility of that segment for other
passenger rail services, and to ensure that other services will not result in any
operating or maintenance cost to the authority.
3) References the 2005 High Speed Rail Environmental Impact Report instead
of the High Speed Rail Final Business Plan of 2000.
4) Allows up to 10% of bond proceeds earmarked for the high-speed rail system
(a maximum $900 million) to be used for environmental studies, planning and
engineering activities.
5) Specifies that the $950 million in bond proceeds earmarked for intercity and
commuter rail lines and urban rail systems can be allocated to systems that
are part of the construction of the high-speed rail system.
6) Prohibits the siting of a high-speed rail station between the Merced station
and the Gilroy station.
This bill is an urgency measure and the deadline for a legislative measure to qualify for the
November 4, 2008 statewide ballot is June 26.
The cost to build the 800-mile system is estimated to be approximately $40 billion. The
Authority anticipates that Federal funding be utilized to provide 25 to 33 percent of the
construction costs and has identified various types of public-private partnership
opportunities that could fund remaining costs, including project debt financing, vendor
financing, system operations and private ownership.
Legislative Report - AB 3034 Safe, Reliable High-Speed Passenger Train Bond Act for the
21st Century
June 17, 2008
Page 3
HR 6003, The Passenger Rail Investment and Improvement Act of 2008, would provide
$14.4 billion over five years to match state costs for high-speed systems. The federal match
would be 80% of state investments, the same as federal highway funds whereas existing
law makes public transportation eligible for only a 50% match.
For service to Orange County, the Authority has proposed to utilize the existing rail corridor
to a new terminal in Anaheim (ARTIC station) Later, the system could be extended
approximately 14 miles to Irvine with a station at the Irvine Transportation Center. Based on
cost estimates provided by the Authority, the cost of the segment could be as much as $1
billion based on the per mile cost of the entire Los Angeles to Irvine segment.
In 2005, the Authority completed and certified a Program Environmental Impact
Report/Environmental Impact Statement (EIR/EIS) for the entire project. A separate project
level EIR/EIS for the Los Angeles-Orange County segment is in process and will only
evaluate the route from Los Angeles to Anaheim. The EIR/EIS indicates that an additional
project level EIR/EIS would be required for the Anaheim-Irvine project segment to analyze
operational and constructability issues, right-of-way constraints, and environmental
conditions.
Because this is a statewide project and project funding could come from a variety of private
and federal funding sources, this legislation and the ballot measure deserve some support
in order to preserve the funding options for the project, particularly the LA to Anaheim
County segment.
However, in order to preclude the development of the Anaheim to Irvine segment of the
project, the ballot measure should either prohibit the use of the bond funds for this segment
or outright forbid construction in the LOSSAN corridor south of Anaheim in Orange County.
Therefore, staff is recommending that the City Council authorize the Mayor to send a letter
of support to the author, the Assembly Appropriations Committee and Tustin's legislators
expressing concerns regarding the incurrence of additional state debt and with a request to
amend the measure to exclude construction of the LOSSAN corridor south of Anaheim in
Orange County.
Tim D. Serlet
Director of Public Works/City Engineer
TDS:Assembly Bill 3034
Attachment: AB 3034
Draft City Letter of Support
AB 3034 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE A.B. No. 3034
AUTHOR(S) Galgiani and Ma (Principal coauthor: Davis) (Coauthors:
Aghazarian, Karnette, and Solorio) (Coauthors: Senators
Alquist, Steinberg, and Torlakson).
TOPIC Safe, Reliable High-Speed Passenger Train Bond Act for
the 21st Century.
HOUSE LOCATION SEN
+LAST AMENDED DATE 04/21/2008
TYPE OF BILL
Active
Urgency
Non-Appropriations
2/3 Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 06/02/2008
Page 1 of 1
LAST HIST. ACTION In Senate. Read first time. To Com. on RLS. for
assignment.
COMM. LOCATION ASM APPROPRIATIONS
COMM. ACTION DATE 05/07/2008
COMM. ACTION Set, first hearing. Referred to Appropriations suspense
file.
TITLE An act to amend Sections 2704.04, 2704.06, 2704.08,
2704.09, and 2704.095 of the Streets and Highways Code,
and to amend Sections 1, 3, and 4 of Chapter 697 of the
Statutes of 2002, relating to transportation, and
declaring the urgency thereof, to take effect
immediately.
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AB 3034 Assembly Bill -AMENDED
BILL NUMBER: AB 3034 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2008
AMENDED IN ASSEMBLY APRIL 9, 2008
INTRODUCED BY Assembly Members Galgiani and Ma
(Principal coauthor: Assembly Member Davis)
Coauthors: Assembly
Members Aghazarian, Karnette, and
Solorio
Coauthors: Senators
Alquist, Steinberg, and Torlakson )
FEBRUARY 22, 2008
An act to amend Sections 2704.04, 2704.06, 2704.08, 2704.09, and
2704.095 of the Streets and Highways Code, and to amend Sections 1,
3, and 4 of Chapter 697 of the Statutes of 2002, relating to
transportation, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3034, as amended, Galgiani. Safe, Reliable High-Speed Passenger
Train Bond Act for the 21st Century.
Existing law, Chapter 697 of the Statutes of 2002, as amended by
Chapter 71 of the Statutes of 2004 and Chapter 44 of the Statutes of
2006, provides for submission of the Safe, Reliable High-Speed
Passenger Train Bond Act for the 21st Century to the voters for
approval at the November 4, 2008, general election. Subject to voter
approval, the act would provide for the issuance of $9.95 billion of
general obligation bonds, $9 billion of which would be available in
conjunction with any available federal funds for planning and
construction of a high-speed train system pursuant to the business
plan of the High-Speed Rail Authority, and $950 million of which
would be available for capital projects on other passenger rail lines
to provide connectivity to the high-speed train system and for
capacity enhancements and safety improvements to those lines.
This bill would make various revisions to the bond act to be
submitted to the voters. The bill would refer to construction of a
high-speed train system consistent with the authority's certified
environmental impact report of November 2005, rather than with the
final business plan of June 2000. The bill would revise the
descriptions of route corridors of the proposed high-speed train
system. The bill would require excess revenues from operation of the
high-speed train system beyond the amount needed for high-speed trait.
purposes, as determined by the authority, to be used to finance
construction of the high-speed train system, and any remaining
revenue to be deposited in the General Fund. The bill would require
that not more than 10% of bond proceeds be used for environmental
studies, planning, and preliminary engineering activities, and would
require the authority to have a detailed funding plan for each
segment of the system that identifies the full cost of construction
and the sources of revenues for that segment, prior to awarding a
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AB 3034 Assembly Bill -AMENDED
construction contract for the segment. The bill would require the
authority to give priority in selecting segments for construction to
those segments that are expected to require the least amount of bond
funds as a percentage of total cost of construction, among other
considerations.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1 of Chapter 697 of the Statutes of 2002, as
amended by Section 1 of Chapter 71 of the Statutes of 2004, is
amended to read:
Section 1. (a) The continuing growth in California's population
and the resulting increase in traffic congestion, air pollution,
greenhouse gas emissions, and the continuation of urban sprawl make
it imperative that the state proceed quickly to construct a
state-of-the-art high-speed passenger train system to serve major
metropolitan areas.
(b) The High-Speed Rail Authority, after extensive studies and
analysis, proposes the construction of a high-speed train system that
serves major population centers in the state and that links regional
and local transit systems to form an integrated transportation
system throughout the state. The system will link all of the state's
major population centers, including Sacramento, the Bay Area, the
________ ___-1 Cent ral Valley
Los Angeles, the Inland Empire, Orange County, and San Diego.
(c) The high-speed train system proposed by the authority will
cost about one-third of what it would cost to provide the same level
of mobility and service with highway and airport improvements and
will contribute significantly toward a reduction in air pollution and
global warming.
(d) The high-speed train system, once it is completed and becomes
operational, will contribute significantly toward the goal of
reducing greenhouse gas emissions and other air pollutants and will
help reduce California's dependence on foreign energy sources.
(e) The high-speed passenger train bond funds are intended to
encourage the federal government and the private sector to make a
significant contribution toward the construction of the high-speed
train system.
(f) It is the intent of the Legislature that the entire high-speed
train. system shall be constructed as quickly as possible in order to
maximize ridership and the mobility of Californians, and that it be
completed no later than 2020, and that all phases shall be built in a
manner that yields maximum benefit consistent with available
revenues.
SEC. 2. Section 2704.04 of the Streets and Highways Code, as added
by Section 2 of Chapter 697 of the Statutes of 2002, is amended to
read:
2704.04. (a) It is the intent of the Legislature by enacting this
chapter and of the people of California by approving the bond
measure pursuant to this chapter to initiate the construction of a
high-speed train system consistent with the authority's certified
environmental impact report of November 2005.
(b) (1) Nine billion dollars ($9,000,000,000) of the proceeds of
bonds authorized pursuant to this chapter, as well as federal funds
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AB 3034 Assembly Bill -AMENDED
and other revenues made available to the authority, to the extent
consistent with federal and other fund source conditions, shall be
used for planning and eligible capital costs, as defined in
subdivision (c), for the purpose of including, but not limited to,
the following high-speed train system corridors:
(A) Sacramento to Stockton to Fresno.
(B) San Francisco Transbay Terminal to San Jose to Fresno.
(C) Oakland to San Jose.
(D) Fresno to Bakersfield to Palmdale to Los Angeles Union
Station.
(E) Los Angeles Union Station to Riverside to San Diego.
(F) Los Angeles Union Station to Anaheim to Irvine.
(G) Altamont Corridor connecting the
Central Valley to the East Bay
(2) Nothing in this section shall prejudice the authority's
determination and selection of the alignment from the Central Valley
to the Bay Area in its certification of the environmental impact
report.
-~~
(3) Revenues of the authority, generated by operations
of the high-speed train system above and beyond operating and
maintenance costs and financing obligations, as determined by the
authority, shall be used to finance construction of the high-speed
train system. If, after satisfaction of the foregoing, there remain
additional revenues, those revenues shall be deposited in the General
Fund.
(c) Capital costs eligible to be paid from proceeds of bonds
authorized for high-speed train purposes pursuant to this chapter
include all activities necessary for acquisition of right-of-way,
construction of tracks, structures, power systems, and stations,
purchase of rolling stock and related equipment, and other related
capital facilities and equipment.
(d) Proceeds of bonds authorized pursuant to this chapter shall
not be used for any operating or maintenance costs of trains or
facilities.
(e) The State Auditor shall perform periodic audits of the
authority's use of proceeds of bonds authorized pursuant to this
chapter for consistency with the requirements of this chapter.
SEC. 3. Section 2704.06 of the Streets and Highways Code, as added
by Section 2 of Chapter 697 of the Statutes of 2002, is amended to
read:
2704.06. Nine billion dollars ($9,000,000,000) of the money in
the fund, upon appropriation by the Legislature, shall be available,
without regard to fiscal years, for planning and construction of a
high-speed train system in this state, consistent with the authority'
s certified environmental impact report of November 2005, as
subsequently modified pursuant to environmental studies conducted by
the authority.
SEC. 4. Section 2704.08 of the Streets and Highways Code, as added
by Section 2 of Chapter 697 of the Statutes of 2002, is amended to
read:
2704.08. (a) Proceeds of bonds authorized for high-speed train
purposes pursuant to this chapter shall not be used for more than
one-half of the total cost of construction of track and station costs
of each segment of the high-speed train system.
(b) Not more than 10 percent of the proceeds of bonds authorized
pursuant to this chapter shall be used for environmental studies,
planning, and preliminary engineering activities.
(c) In selecting each specific segment for construction and prior
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AB 3034 Assembly Bill -AMENDED
to awarding a construction contract, the authority shall have a
detailed funding plan for that segment that identifies the full cost
of constructing the segment and the sources of all revenues needed to
complete construction of the segment.
(d) In selecting segments for construction, the authority shall
give priority to those segments that are expected to require the
least amount of bond funds as a percentage of total cost of
construction, shall consider the utility of those segments for
passenger rail services other than the high-speed train system, and
shall ensure that any passenger service other than the high-speed
train system provided on those segments will not result in any
unreimbursed operating or maintenance cost to the authority.
SEC. 5. Section 2704.09 of the Streets and Highways Code, as added
by Section 2 of Chapter 697 of the Statutes of 2002, is amended to
read:
2704.09. The high-speed train system to be constructed pursuant
to this chapter shall have the following characteristics:
(a) Electric trains that are capable of sustained maximum revenue
operating speeds of no less than 200 miles per hour.
(b) Maximum nonstop service travel times for each corridor that
shall not exceed the following:
(1) San Francisco-Los Angeles Union Station: two hours, 42
minutes.
(2) Oakland-Los Angeles Union Station: two hours, 42 minutes.
(3) San Francisco-San Jose: 31 minutes.
(4) San Jose-Los Angeles: two hours, 14 minutes.
(5) San Diego-Los Angeles: one hour.
(6) Inland Empire-Los Angeles: 29 minutes.
(7) Sacramento-Los Angeles: two hours, 22 minutes.
(8) Sacramento-San Jose: one hour, 12 minutes.
(c) Achievable operating headway (time between successive trains)
shall be five minutes or less.
(d) The total number of stations to be served by high-speed trains
for all of the corridors described in subdivision (b) of Section
2704.04 shall not exceed 24. There shall be no station between the
Gilroy station and the Merced station.
(e) Trains shall have the capability to transition intermediate
stations, or to bypass those stations, at mainline operating speed.
(f) For each corridor described in subdivision (b), passengers
shall have the capability of traveling from any station on that
corridor to any other station on that corridor without being required
to change trains.
(g) In order to reduce impacts on communities and the environment,
the alignment for the high-speed train system shall follow existing
transportation or utility corridors to the extent possible and shall
be financially viable, as determined by the authority.
(h) Stations shall be located in areas with good access to local
mass transit or other modes of transportation.
(i) The high-speed train system shall be planned and constructed
in a manner that minimizes urban sprawl and impacts on the natural
environment.
(j) Preserving wildlife corridors and mitigating impacts to
wildlife movement, where feasible as determined by the authority, in
order to limit the extent to which the system may present an
additional barrier to wildlife's natural movement.
SEC. 6. Section 2704.095 of the Streets and Highways Code, as
added by Section 2 of Chapter 697 of the Statutes of 2002, is amended
to read:
2704.095. (a) (1) Of the proceeds of bonds authorized pursuant to
this chapter, nine hundred fifty million dollars ($950,000,000)
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AB 3034 Assembly Bill -AMENDED
shall be allocated to eligible recipients for capital improvements to
intercity and commuter rail lines and urban rail systems that
provide direct connectivity to the high-speed train system and its
facilities, or that are part of the construction of the high-speed
train system as that system is described in subdivision (b) of
Section 2704.04, or that provide capacity enhancements and safety
improvements. Funds under this section shall be available upon
appropriation by the Legislature in the Annual Budget act for the
eligible purposes described in subdivision (d).
(2) Twenty percent (one hundred ninety million dollars
($190,000,000)) of the amount authorized by this section shall be
allocated for intercity rail to the Department of Transportation, for
state-supported intercity rail lines that provide regularly
scheduled service and use public funds to operate and maintain rail
facilities, rights-of-way, and equipment. A minimum of 25 percent of
the amount available under this paragraph (forty-seven million five
hundred thousand dollars ($47,500,000)) shall be allocated to each of
the state's three intercity rail corridors.
The California Transportation Commission shall allocate the
available funds to eligible recipients consistent with this section
and shall develop guidelines, in consultation with the authority, to
implement the requirements of this section. The guidelines shall
include provisions for the administration of funds, including, but
not limited to, the authority of the intercity corridor operators to
loan these funds by mutual agreement between intercity rail
corridors.
(3) Eighty percent (seven hundred sixty million dollars
($760,000,000)) of the amount authorized by this section shall be
allocated to eligible recipients, except intercity rail, as described
in subdivision (c) based upon a percentage amount calculated to
incorporate all of the following:
(A) One-third of the eligible recipient's percentage share of
statewide track miles.
(B) One-third of the eligible recipient's percentage share of
statewide annual vehicle miles.
(C) One-third of the eligible recipient's percentage share of
statewide annual passenger trips.
The California Transportation Commission shall allocate the
available funds to eligible recipients consistent with this section
and shall develop guidelines to implement the requirements of this
section.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Track miles" means the miles of track used by a public agency
or joint powers authority for regular passenger rail service.
(2) "Vehicle miles" means the total miles traveled, commencing
with pullout from the maintenance depot, by all locomotives and cars
operated in a train consist for passenger rail service by a public
agency or joint powers authority.
(3) "Passenger trips" means the annual unlinked passenger
boardings reported by a public agency or joint powers authority for
regular passenger rail service.
(4) "Statewide" when used to modify the terms in paragraphs (A),
(B), and (C) of paragraph (3) of subdivision (a) means the combined
total of those amounts for all eligible recipients.
(c) Eligible recipients for funding under paragraph (3) of
subdivision (a) shall be public agencies and joint powers authorities
that operate regularly scheduled passenger rail service in the
following categories:
(1) Commuter rail .
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AB 3034 Assembly Bill -AMENDED
(2) Light rail.
(3) Heavy rail.
(4) Cable car.
(d) Funds allocated pursuant to this section shall be used for
connectivity with the high-speed train system or for the
rehabilitation or modernization of, or safety improvements to, tracks
utilized for public passenger rail service, signals, structures,
facilities, and rolling stock.
(e) Eligible recipients may use the funds for any eligible rail
element set forth in subdivision (d).
(f) In order to be eligible for funding under this section, an
eligible recipient under paragraph (3) of subdivision (a) shall
provide matching funds in an amount not less than the total amount
allocated to the recipient under this section.
(g) An eligible recipient of funding under paragraph (3) of
subdivision (a) shall certify that it has met its matching funds
requirement, and all other requirements of this section, by
resolution of its governing board, subject to verification by the
California Transportation Commission.
(h) Funds made available to an eligible recipient under paragraph .
(3) of subdivision (a) shall supplement existing local, state, or
federal revenues being used for maintenance or rehabilitation of the
passenger rail system. Eligible recipients of funding under paragraph
(3) of subdivision (a) shall maintain their existing commitment of
local, state, or federal funds for these purposes in order to remain
eligible for allocation and expenditure of the additional funding
made available by this section.
(i) In order to receive any allocation under this section, an
eligible recipient under paragraph (3) of subdivision (a) shall
annually expend from existing local, state, or federal revenues being
used for the maintenance or rehabilitation of the passenger rail
system in an amount not less than the annual average of its
expenditures from local revenues for those purposes during the
1998-99, 1999-2000, and 2000-01 fiscal years.
(j) Funds allocated pursuant to this section to the Southern
California Regional Rail Authority for eligible projects within its
service area shall be apportioned each fiscal year in accordance with
memorandums of understanding to be executed between the Southern
California Regional Rail Authority and its member agencies. The
memorandum or memorandums of understanding shall take into account
the passenger service needs of the Southern California Regional Rail
Authority and of the member agencies, revenue attributable to member
agencies, and separate contributions to the Southern California
Regional Rail Authority from the member agencies.
SEC. 7. Section 3 of Chapter 697 of the Statutes of 2002, as
amended by Section 3 of Chapter 44 of the Statutes of 2006, is
amended to read:
Sec. 3. Section 2 of Chapter 697 of the Statutes of 2002, as
amended by Sections 2 and 3 of Chapter 71 of the Statutes of 2004, as
further amended by Sections 1 and 2 of Chapter 44 of the Statutes of
2006, and as further amended by Sections 2 to 6, inclusive, of the
act amending this section in the 2007-08 Regular Session, shall take
effect upon the adoption by the voters of the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century, as set
forth in Section 2 of Chapter 697 of the Statutes of 2002, as amended
by Sections 2 and 3 of Chapter 71 of the Statutes of 2004, as
further amended by Sections 1 and 2 of Chapter 44 of the Statutes of
2006, and as further amended by Sections 2 to 6, inclusive, of the
act amending this section in the 2007-08 Regular Session.
SEC. 8. Section 4 of Chapter 697 of the Statutes of 2002, as
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AB 3034 Assembly Bill -AMENDED
amended by Section 4 of Chapter 44 of the Statutes of 2006, is
amended to read:
Sec. 4. (a) Section 2 of Chapter 697 of the Statutes of 2002, as
amended by Sections 2 and 3 of Chapter 71 of the Statutes of 2004, as
further amended by Sections 1 and 2 of Chapter 44 of the Statutes of
2006, and as further amended by Sections 2 to 6, inclusive, of the
act amending this section in the 2007-08 Regular Session, shall be
submitted to the voters at the November 4, 2008, general election in
accordance with provisions of the Government Code and the Elections
Code governing the submission of statewide measures to the voters.
(b) Notwithstanding any other provision of law, all ballots of the
November 4, 2008, general election shall have printed thereon and in
a square thereof, exclusively, the words "Safe, Reliable High-Speed
Passenger Train Bond Act for the 21st Century" and in the same square
under those words, the following in 8-point type: "This act provides
for the Safe, Reliable High-Speed Passenger Train Bond Act for the
21st Century. For the purpose of reducing traffic on the state's
highways and roadways, upgrading commuter transportation, improving
people's ability to get safely from city to city, alleviating
congestion at airports, reducing air pollution, and providing for
California's growing population, shall the state build a high-speed
train system and improve existing passenger rail lines serving the
state's major population centers by creating a rail trust fund that
will issue bonds totaling $9.95 billion, paid from existing state
funds at an average cost of dollars ($ ) per year over the
30-year life of the bonds, with all expenditures subject to an
independent audit?" The blank space in the question to appear on the
ba.Llot pursuant to this subdivision shall be filled in by the
Attorney General with the appropriate figure provided by the
Legislative Analyst relative to the annual average cost of the bonds.
Opposite the square, there shall be left spaces in which the voters
may place a cross in the manner required by law to indicate whether
they vote for or against the measure.
(c) Notwithstanding Sections 13247 and 13281 of the Elections
Code, the language in subdivision (b) shall be the only language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General may
include the financial impact summary prepared pursuant to Section
9087 of the Elections Code and Section 88003 of the Government Code.
The ballot label is the condensed statement of the ballot title and
the financial impact summary.
(d) Where the voting in the election is done by means of voting
machines used pursuant to law in the manner that carries out the
intent of this section, the use of the voting machines and the
expression of the voters' choice by means thereof are in compliance
with this section.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to modify the provisions of a general obligation bond
measure on the November 4, 2008, general election ballot that would
authorize the issuance and sale of bonds for the financing of a
high-speed passenger train system and for other related purposes, it
is necessary that this act take effect immediately.
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DATE
Assembly Member Cathleen Galgiani
State Capitol Building, Room 2170
Sacramento, CA 94249-0017
Assembly Member Fiona Ma
State Capitol Building, Room 2176
Sacramento, CA 94249-0012
RE: Assembly Bill 3034 Support if Amended.
Dear Assembly Members Galgiani and Ma:
The City wishes to express its concern and reservations regarding the proposed ballot
measure to incur an additional $9.95 billion in debt during the current difficult economic
conditions. The state general fund is facing unprecedented deficits and additional debt
repayment obligations will exacerbate the structural issues confronting the State's
general fund and could impose additional burdens on the state's taxpayers.
If the legislature is determined to proceed with this legislation despite economic and
budgetary uncertainties, the City of Tustin will support Assembly Bill 3034 only if it is
amended to exclude the use of the LOSSAN rail corridor in Orange County south of
Anaheim.
The City appreciates your serious consideration of our position on this matter.
Sincerely,
Jerry Amante
Mayor
Assembly Member Chuck Devore , 70th District
Assembly Member Todd Spitzer, 71st District
Senator Richard Ackerman, 33rd District
League of California Cities, Fax #916-658-8240
AGENDA REPORT
MEETING DATE: JUNE 17, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: LEGISLATIVE REPORT - 5.B 1316 (CORREA) TRANSPORTATION
FACILITIES: TOLLS: ORANGE AND RIVERSIDE COUNTIES
SUMMARY
SB 1316 is intended to provide the Riverside County Transportation Commission (RCTC)
the authority to develop and operate toll facilities in the median of SR 91 between SR 55 in
Orange County and Interstate 15 in Riverside County. Staff is recommending that the City
Council send a letter of support for this bill.
RECOMMENDATION
Staff recommends that the City Council send a letter of support for Senate Bill 1316 to the
author and local legislators.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
SB 1316 is intended to provide the RCTC the authority to develop and operate new SR 91
Express Lanes in Riverside County and to use a portion of toll revenues to pay for this and a
series of improvements planned for the SR 91 corridor as a whole
The right to develop and operate toll facilities in the median of SR 91 between SR 55 in
Orange County and Interstate 15 in Riverside County is contained in the existing franchise
agreement between OCTA and Caltrans and in existing law under AB 1010 (Correa).
Express Lanes currently exist on SR 91 in Orange County, but they end at the Orange
County and Riverside County line. RCTC would like to extend the existing facilities from the
county line to Interstate 15, as well as make other improvements to the corridor and this bill
is intended to facilitate this project.
Tim D. Serlet
Director of Public Works/City Engineer
TDS:Assembly Bill 1316
Attachment: SB 1316
Draft Letter of Support
SB 1316 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE S.B. No. 1316
AUTHOR(S) Correa (Principal coauthor: Assembly Member Spitzer)
(Coauthors: Assembly Members Benoit and Solorio).
TOPIC Transportation facilities: tolls: Orange and Riverside
Counties.
HOUSE LOCATION ASM
+LAST AMENDED DATE 05/27/2008
TYPE OF BILL
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 06/05/2008
LAST HIST. ACTION To Com. on TRANS.
COMM. LOCATION ASM TRANSPORTATION
HEARING DATE 06/16/2008
TITLE An act to amend Section 130240 of, and to add Sections
130244 and 130245 to, the Public Utilities Code,
relating to transportation.
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SB 1316 Senate Bill -AMENDED
BILL NUMBER: SB 1316 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE APRIL 23, 2008
AMENDED IN SENATE APRIL 1, 2008
INTRODUCED BY Senator Correa
(Principal coauthor: Assembly Member Spitzer)
(Coautfiors: Assembly Members Benoit and Solorio)
FEBRUARY 20, 2008
An act to amend Section 130240 of, and to add Sections 130244 and
130245 to, the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1316, as amended, Correa. Transportation facilities: tolls:
Orange and Riverside Counties.
Existing law provides for the Orange County Transportation
Authority to assume responsibility for a toll lane on State Highway
Route 91 in Orange and Riverside Counties under an assignment of a
franchise agreement between the Department of Transportation and a
private toll road operator. Existing law authorizes the authority to
issue bonds and impose tolls relative to this toll lane, but not to
extend beyond 2030, at which point the toll lane would revert to the
department. Existing law requires toll revenues from the toll lane to
be used for capital and operating expenses of the toll lane,
including debt service, and for transportation purposes related to
State Highway Route 91. Existing law creates an advisory committee to
make recommendations to the authority regarding the toll lane and
related issues.
This bill would authorize the Orange County Transportation
Authority to eliminate its rights, interests, and obligations in the
Riverside County portion of the State Highway Route 91 toll lane by
partial assignment to the Riverside County Transportation Commission
or by amendment to the franchise agreement. The bill would delete the
2030 limitation on issuance of bonds and collection of tolls, and
would provide for the reversion of the portion of the toll lane under
the authority's control from the authority to the department at the
expiration of the franchise agreement. The bill would authorize use
of toll revenues for the toll lane and for other related
transportation purposes in the Route 91 ?~?±~
corridor
This bill would authorize the Riverside County Transportation
Commission to impose tolls for 50 years on transportation facilities
on its portion of State Highway Route 91, subject to extension beyond
that time if reauthorized by the Legislature, and would authorize
toll revenues to be used for capital and operating expenses of the
facilities, including debt service, and for related transportation
purposes in the Route 91 corridor. The bill would authorize the
commission to issue bonds for transportation facilities within the
Route 91 corridor. The bill would require reversion of the
transportation facilities to the department after bonds are repaid
unless tolls have been reauthorized by the Legislature. The bill
would state that the commission is not entitled to compensation for
the adverse effects on toll revenues from construction of competing
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SB 1316 Senate Bill -AMENDED
facilities within the Route 91 corridor by the department or a local
agency. These and other related provisions would only apply if the
responsibility for the Riverside County portion of the Route 91
franchise agreement is transferred from the authority to the
commission.
The bill would delete the requirement for the existing State
Highway Route 91 advisory committee and instead create a new advisory
committee, with specified responsibilities. Members would be
appointed by both the Orange County Transportation Authority and the
Riverside County Transportation Commission, with costs of the
committee to be shared by both entities. The bill would also require
both entities to conduct an annual audit of toll revenues and
expenditures. The bill would thereby impose a state-mandated local
program.
_ _ _ L . l l - - _ _ - _ _ _ _ _ _ _ _
1~~~~_~T~____ ___~_ -Lry 11 ~!iP TI I_fi f~P ~t_i~Ltf3 iRT~t
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
st<ste. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130240 of the Public Utilities Code is amended
to read:
130240. (a) "Transit" means as defined in Section 40005.
(b) (1) The Orange County Transportation Authority may acquire,
construct, develop, lease, jointly develop, own, operate, maintain,
control, use, jointly use, or dispose of rights-of-way, rail lines,
monorails, guideways, buslines, stations, platforms, switches, yards,
terminals, parking lots, air rights, land rights, development
rights, entrances and exits, and any and all other facilities for,
in~~idental to, necessary for, or convenient for transit service,
including, but not limited to, facilities and structures physically
or functionally related to transit service, within or partly without
the county, underground, upon, or above the ground and under, upon or
over public streets, highways, bridges, or other public ways or
waterways, together with all physical structures necessary for,
incidental to, or convenient for the access of persons and vehicles
thereto, and may acquire, lease, sell, or otherwise contract with
respect to any interest in or rights to the use or joint use of any
or all of the foregoing. However, installations on state freeways are
subject to the approval of the Department of Transportation and
installations in other state highways are subject to Article 2
(commencing with Section 670) of Chapter 3 of Division 1 of the
Streets and Highways Code.
(2) With respect to the segment of State Highway Route 91 between
State Highway Route 15 and State Highway Route 55 only, the Orange
County Transportation Authority may exercise all of the powers
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SB 1316 Senate Bill -AMENDED
contained in paragraph (1) that apply to streets, highways, bridges,
and connector roads.
(3) The exercise of the powers provided to the Orange County
Transportation Authority in paragraph (2) is subject to approval by
the Board of Supervisors of Riverside County and the Riverside County
Transportation Commission and in consultation with the advisory
committee described in Section 130245 as it relates to the use of
those powers in Riverside County under the terms of the franchise
agreement described in subdivision (c).
(c) If the Orange County Transportation Authority requests, the
department shall approve the assignment to the Orange County
Transportation Authority of the Amended and Restated Development
Franchise Agreement, as amended, between the department and the
California Private Transportation Company, L.P. (CPTC) for the State
Highway Route 91 median improvements as authorized by Section 143 of
the Streets and Highways Code, subject to the requirement that
subdivisions (a) to (f), inclusive, of Section 2 of Article 3 of the
restated franchise agreement be deleted in their entirety in the
event that CPTC and the authority agree to the assignment of all of
CP'PC's interests in the franchise agreement to the authority.
(d) The Orange County Transportation Authority shall have the
authority to impose tolls for use of the State Highway Route 91
facilities as authorized by the franchise agreement.
(e) (1) Toll revenues from the use of State Highway Route 91
facilities between State Highway Route 55 and the Orange and
Riverside County line shall only be used by the Orange County
Transportation Authority for the following expenditures relative to
the State Highway Route 91 express lanes and for the purposes of
paragraph (2):
(A) Capital,
operations, and maintenance, including, but not limited to,
toll collection and enforcement.
(B) Repair and rehabilitation.
(C) Payment of purchase costs, debt service, and satisfaction of
other covenants and obligations related to indebtedness.
(D) Reserves.
(E) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
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SB 1316 Senate Bill -AMENDED
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to on ramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and non tolled facilities on State Highway Route 91 between State
Highway Route 55 to the west and the Orange and Riverside county line
to the east.
(3) The Orange County Transportation Authority, in consultation
with the department and the Riverside County Transportation
Commission, shall issue a plan and a proposed completion schedule for
transportation improvements in the State Highway Route 91
ter- corridor The Orange County
Transportation Authority shall update the plan on an annual basis.
(f) The Orange County Transportation Authority may incur
indebtedness and obligations, and may issue bonds, refund bonds, and
assume existing bonds for purposes authorized by this section.
Indebtedness and bonds issued under this section do not constitute a
debt or liability of ,the state or any other public agency, other than
the authority, or a pledge of the faith and credit of the state or
any other public agency, other than the authority. Bonds issued under
this section shall npt be deemed to constitute a debt or liability
of the state or any political subdivision thereof, other than the
bank and the authority, or a pledge of the faith and credit of the
state or of any political subdivision, but shall be payable solely
from the revenues and assets pledged to the repayment of the bonds.
All bonds issued under this section shall contain on the face of the
bond a statement to the same effect.
(g) Notwithstanding Section 143 of the Streets and Highways Code,
the State Highway Route 91 facility constructed and operated under
the authority of a franchise agreement approved pursuant to that
section shall revert to the state at the expiration of the lease or
termination of the franchise agreement at no cost to the state. Upon
reversion, the facility shall be delivered to the department in a
condition that meets the performance and maintenance standards
established by the department.
(h) The Orange County Transportation Authority shall not impose
to.11s for the use of nor construct and operate State Highway Route 91
facilities in the County of Riverside without prior approval by the
Board of Supervisors of the County of Riverside, the Riverside County
Transportation Commission, and the advisory committee.
(i) The Orange County Transportation Authority shall not sell or
assign its interest in the franchise agreement without approval by
the Legislature by enactment of a statute provided that approval
shall not be required in connection with granting rights and remedies
to lenders under Article 16 of the restated franchise agreement.
(j) If the Orange County Transportation Authority decides to sell
or assign its interest in the franchise agreement, the Orange County
Transportation Authority shall provide written notice at least 90
days in advance of the date they submit their request for approval by
the department pursuant to this subdivision. The written notice
shall be provided to the advisory committee created pursuant to
Section 130245 and to the Riverside County Transportation Commission.
(k) The Orange County Transportation Authority shall be authorized
to eliminate its rights, interests, and obligations relative to
State Highway Route 91 in Riverside County, either by partial
assignment to the Riverside County Transportation Commission, or by
amendment to the restated franchise agreement, as amended. In the
event of a partial assignment or amendment, the department shall
consent and the term of the restated franchise agreement, as amended
by the partial assignment or amendment, shall be extended to a date
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SB 1316 Senate Bill -AMENDED
determined by the authority, which date shall be no later than
December 31, 2065.
(1) If the Riverside County Transportation Commission constructs
and operates toll facilities on State Highway Route 91 between the
Orange County border and State Highway Route 15, then it is the
intent of the Legislature that the Riverside County Transportation
Commission and the Orange County Transportation Authority enter into
an agreement providing for the coordination of the respective toll
facilities operated by each entity on State Highway Route 91.
SEC. 2. Section 130244 is added to the Public Utilities Code, to
read:
130244. (a) For the purposes of this section, the following terms
shall have the following meanings:
(1) "Authority" means the Orange County Transportation Authority.
(2) "Bonds" means bonds, notes, or other evidences of indebtedness
authorized to be issued pursuant to paragraph (4) of subdivision
(c) .
(3) "Commission" means the Riverside County Transportation
Commission.
(4) "Department" means the Department of Transportation.
(5) "Franchise agreement" means the franchise agreement assigned
to the authority pursuant to subdivision (c) of Section 130240.
(6) "Transportation facilities" means one or more of the
following: (A) general purpose toll lanes; (B) lanes or facilities
where the tolls may be levied and may vary according to levels of
congestion anticipated or experienced or according to the occupancy
of the vehicle; and (C) facilities or lanes utilizing combinations of
or variations on (A) or (B), or other strategies the commission may
determine appropriate on a facility-by-facility basis.
(7) "Transportation project" means the planning, design,
development, financing, construction, reconstruction, rehabilitation,
improvement, acquisition, lease, operation, or maintenance, or any
combination of these, with respect to tolled and nontolled
facilities, structures, onramps, connector roads, bridges, and
roadways that are on, necessary
for, or related to the construction or operation of State
Highway Route 91 between the Orange and Riverside County line to the
west and State Highway Route 15 to the east.
(b) Pursuant to subdivision (1) of Section 130240, the authority
may amend, assign, or terminate the Riverside County portion of the
franchise agreement in the interest of advancing the transportation
project described in paragraph (7) of subdivision (a). The
department, upon request of the authority, shall approve an amendment
to the franchise agreement to eliminate any portion of State Highway
Route 91 within Riverside County from the franchise agreement.
(c) (1) The commission shall have the authority to set, levy, and
collect tolls, user fees, or other similar charges payable for use of
the transportation facilities, and any other incidental or related
fees or charges, in amounts as required for the following
expenditures relative to the transportation facilities as defined in
paragraph (6) of subdivision (a) and for purposes of paragraph (2):
(A) Capital outlay, including the costs of design, construction,
right-of-way acquisition, and utility adjustment.
(B) Operations and maintenance, including, but not limited to,
toll collection and enforcement.
(C) Repair and rehabilitation.
(D) Indebtedness incurred, including related financing costs.
(E) Reserves.
(F) Administration, which shall not exceed 3 percent of toll
revenues and associated facility revenues
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SB 1316 Senate Bill -AMENDED
(2) Excess toll revenues beyond the expenditure needs of paragraph
(1) may be expended for the following purposes:
~e rr~e-}~
(A) To enhance transit service designed to reduce traffic
congestion on State Highway Route 91 or to expand travel options
along the State Highway Route 91 corridor. Revenues expended under
this subparagraph may be used to maintain the enhanced transit
service. Eligible expenditures include, but are not limited to,
transit operating assistance, the acquisition of transit vehicles,
improvements to commuter rail traveling between Riverside and Orange
Counties, and those transit capital improvements otherwise eligible
to be funded under the State Transportation Improvement Program
pursuant to Section 164 of the Streets and Highways Code.
(B) To make operational or capacity improvements designed to
reduce congestion or improve the flow of traffic on State Highway
Route 91. Eligible expenditures may include any phase of project
delivery to make capital improvements to on ramps, connector roads,
roadways, bridges, or other structures that are related to the tolled
and nontolled facilities on State Highway Route 91 between the
Orange and Riverside county line to the west and State Highway Route
15 to the east.
(3) The commission, in consultation with the authority and the
department, shall issue a plan of transportation improvements for the
State Highway Route 91 corridor, which shall include projected
costs, the use of toll revenues, and a proposed completion schedule.
This plan shall be updated annually. The plan and each annual update
shall be made available for public review and comment no less than 30
days prior to adoption by the commission.
(4) The commission is authorized to issue bonds to finance the
costs of the transportation project, including the costs of issuing
the bonds and paying credit enhancement and other fees related to the
bonds, which bonds are payable from the tolls authorized pursuant to
paragraph (1), sales tax revenues, development impact fees,
~ federal grant funds, or any other source of
revenues available to the commission that may be used for these
purposes. The bonds may be sold pursuant to the terms and conditions
set forth in a resolution adopted by the governing board of the
commission. Bonds shall be issued pursuant to a resolution adopted by
a two-thirds vote of the commission. Any bond issued pursuant to
this paragraph shall contain on -its face a statement to the following
effect:
"Neither the full faith and credit nor the taxing power of the State
of California is pledged to the payment of principal or interest of
this bond."
(5) The department is authorized to enter into any lease,
easement, permit, or other agreement with the commission necessary to
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accomplish the purposes of this section.
(6) The commission shall have the authority to impose tolls for
use of the transportation facilities for 50 years following the
opening of the transportation facilities for public use, after which
time the commission shall have no further authority to impose or to
collect a toll for use of transportation facilities on State Highway
Route 91, unless reauthorized by the Legislature. The transportation
facilities shall revert to the department after the bonds issued
pursuant to this section are paid off in their entirety, unless tolls
have been reauthorized by the Legislature. Upon reversion, the
facilities shall be delivered to the department in a condition that
meets the performance and maintenance standards established by the
department.
(7) The commission shall make available for public review and
comment the toll schedule and any subsequent proposed changes to the
schedule no less than 30 days prior to the adoption by the commission
of a toll schedule.
(d) This section shall be supplemental and in addition to any
other authority of the commission to undertake the transportation
project.
(e) This section shall not prevent the department or any local
agency from constructing facilities within the State Highway Route 91
corridor that compete with the transportation project, and in no
event shall the commission be entitled to compensation for the
adverse effects on toll revenues due to those facilities.
(f) If any provision of this section or the application thereof is
held invalid, that invalidity shall not affect other provisions or
applications of this section that can be given effect without the
invalid provision or application, and to this extent the provisions
of this section are severable.
(g) This section shall not apply to State Highway Route 91 between
the Orange and Riverside County line and State Highway Route 15
unless the authority amends or partially assigns the restated
franchise agreement, as amended, between the department and the
authority to exclude that portion of State Highway Route 91 from the
restated franchise agreement, as amended.
SEC. 3. Section 130245 is added to the Public Utilities Code, to
read:
130245. (a) An advisory committee shall be created to review
issues and make recommendations to the Orange County Transportation
Authority and the Riverside County Transportation Commission
regarding the facilities authorized pursuant to Sections 130240 and
130244, including tolls imposed, operations, maintenance,
interoperability, and use of toll revenues, and improvements in the
State Highway Route 91 corridor, including the identification and
siting of alternative highways. The committee shall consist of 10
voting members and three nonvoting members, as follows:
(1) Five members of the Board of Directors of the Orange County
Transportation Authority appointed by that board.
(2) Five members of the Riverside County Transportation Commission
appointed by that commission.
(3) One member of the San Bernardino Associated Governments
appointed by that body, and the district directors of Districts 8 and
12 of the Department of Transportation, all of whom shall be
nonvoting members.
(b) The advisory committee shall establish rules for the conduct
of committee meetings, which rules shall be approved by both the
Orange County Transportation Authority and the Riverside County
Transportation Commission. The authority and the commission may
appoint alternates to the committee.
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SB 1316 Senate Bill -AMENDED
(c) When reviewing the initial toll structure proposed by the
Orange County Transportation Authority and the Riverside County
Transportation Commission or any changes to the toll structure, the
advisory committee shall place an information item on a regularly
scheduled agenda for public comment and consideration of the advisory
committee .
(d) The Orange County Transportation Authority shall conduct an
audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130240. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(e) The Riverside County Transportation Commission shall conduct
an audit on an annual basis of the toll revenues collected and
expenditures made during its operation of the facilities authorized
in Section 130244. The audit shall review revenues and expenditures
related to those facilities for consistency with that section and
shall be provided to the advisory committee.
(f) The Orange County Transportation Authority and the Riverside
County Transportation Commission shall equally share all costs
associated with this section. None of these costs shall be paid from
state funds.
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 are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.
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June 9, 2008
The Honorable Lou Correa
California State Senate
State Capitol, Room 4062
Sacramento, CA 95814
Dear Senator Correa:
RE: SB 1316
The City of Tustin is pleased to support SB 1316 (Correa), which will authorize the expansion of
91 Express Lanes along the Riverside Freeway (State Route 91) to Interstate 15.
State Route 91 from Orange County to the Inland .Empire is nationally recognized as one of the
most congested freeways in the county. The extension of the 91 Express Lanes into Riverside
County would create an additional mobility option for commuters between Orange and Riverside
counties. Recent surveys indicate that depending on the time of day, commuters reported an
average savings of 30 minutes in drive time when using the toll lanes. This translates into an
overall improvement in the quality of life for drivers. Less drive time in getting to work, more
time with family in the evenings, reductions in fuel expenses, and air quality improvements due
to the reduction of greenhouse gas emissions related to a decrease in idling vehicles are all
benefits attributed to the 91 Express Lanes. An extension of the toll lanes would only add to
these benefits.
With over 14 million vehicle trips taken annually the 91 Express Lanes have proven to be a
critical resource for drivers along this corridor. Customers of the toll lanes consistently express
a high level of satisfaction in the use of the toll lanes. The customer satisfaction surveys taken
in 2006 and 2007 both had over 80 percent of customers responding that they were satisfied
with the toll lanes. Moreover, in the 2007 customer satisfaction survey, 80 percent of
respondents said they were supportive of the plans to extend the 91 Express Lanes into
Riverside County, wit 77 percent reporting that they would likely use the extension in both
Orange and Riverside counties.
SB 1316 will allow RCTC and OCTA to take the necessary and vital steps forward in alleviating
traffic congestion on the State Route 91 Orange County-Inland Empire corridor. The City of
Tustin strongly urges your support of SB 1316 (Correa).
Sincerely,
Jerry Amante
Mayor
Mayor & Council\SB 1316 expansion of 91 Express Lanes.docx
AGENDA REPORT
MEETING DATE: JUNE 17, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION
SUBJECT: LEGISLATIVE REPORT FOR AB 2175 (LAIRD)
SUMMARY
AB 2175 would require the Department of Water Resources (DWR) to establish a statewide target to
achieve a 20% reduction in urban per capita water use in California by December 31, 2020. Staff is
recommending that that the City continue to monitor AB 2175.
RECOMMENDATION
Staff recommends that that the City continue to monitor AB 2175.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
Existing law requires the California Department of Water Resources (DWR) to convene an
independent technical panel to provide information to DWR and the Legislature on new demand
management measures, technologies and approaches. This bill would require DWR to establish a
statewide target to achieve a 20% reduction in urban per capita water use in California by December
31, 2020. The bill would also require DWR to adopt by 2010 a statewide agricultural water
conservation target of not less than 500,000 acre-feet to be achieved by 2020. DWR would
periodically review and determine whether to increase the agricultural conservation target. AB 2175
would also condition water management grant funding on compliance with conservation
requirements, and would repeal existing water conservation implementation conditions on water
management grants [per AB 1420) to local agencies on December 31, 2012.
The Metropolitan Water District of Southern California (MWD) and the Association of California
Water Agencies are in support of this bill. MWD has been working very closely with its member
agencies to develop proposed amendments for the author's consideration. The ultimate objective is
to set a general conservation goal while providing local agencies the flexibility they need to achieve
conservation targets at the local level. A copy of the bill and its current status is attached for the City
Council's information. Staff is recommending that the City continue to monitor AB 2175.
Tim D. Serlet
Director of Public Works/City Engineer
Fred J. Adjarian
Water Services Manager
AB 2175 Assembly Bill - Status
CURRENT BILL STATUS
MEASURE A.B. No. 2175
AUTHOR(S) Laird and Feuer (Coauthors: Huffman, Krekorian, Ruskin,
and Wolk).
TOPIC Water conservation.
HOUSE LOCATION SEN
+LAST AMENDED DATE 05/23/2008
TYPE OF BILL
Active
Non-Urgency
Non-Appropriations
Majority Vote Required
Non-State-Mandated Local Program
Fiscal
Non-Tax Levy
LAST HIST. ACT. DATE: 05/29/2008
Page 1 of 1
LAST HIST. ACTION In Senate. Read first time. To Com. on RLS. for
assignment.
COMM. LOCATION ASM APPROPRIATIONS
COMM. ACTION DATE 05/07/2008
COMM. ACTION Set, first hearing. Referred to Appropriations suspense
file.
TITLE An act to amend Section 10631.5 of, and to add Part 2.55
(commencing with Section 10608) to Division 6 of, the
Water Code, relating to water conservation.
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AB 2175 Assembly Bill -AMENDED
BILL NUMBER: AB 2175 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 23, 2008
AMENDED IN ASSEMBLY APRIL 8, 2008
INTRODUCED BY Assembly Members Laird and Feuer
}~ Coauthors: Assembly Members
Huffman, Krekorian, Ruskin,
and Wolk )
FEBRUARY 20, 2008
An act to amend Section 10631.5 of, and to add Part 2.55
(commencing with Section 10608) to Division 6 of, the Water Code,
relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2175, as amended, Laird. Water conservation.
(1) Existing law requires the Department of Water Resources to
convene an independent technical panel to provide information to the
department and the Legislature on new demand management measures,
technologies, and approaches. "Demand management measures" means
those water conservation measures, programs, and incentives that
prevent the waste of water and promote the reasonable and efficient
use and reuse of available supplies.
This bill would require the department to establish a statewide
target to achieve a 20o reduction in urban per capita water use in
California by December 31, 2020. By December 31, 2020, each urban
water supplier would be required to reduce its per capita water use
by 20%, except as provided. ,
~-c~~i~ rc~srber-~rm~ibrr-arceretrrca aro ai~a~~-t~-tr~a~~
The bill would require the department, by December 31, 2009, to
establish a statewide numeric water conservation target for
agricultural water use that provides for a significant increase in
agricultural water conservation in California. -$p-HT
t-argc~ By December 31, 2012, each agricultural water
supplier would be required to adopt numeric water conservation
targets to be achieved by December 31, 2015, and December 31, 2020.
The bill would __________ require the
department to adopt a plan of action to meet the state targets
described above under certain circumstances. The bill would make
related legislative findings and declarations and statements of
legislative intent.
(2) Existing law makes the terms of, and eligibility for, a water
management grant or loan made to an urban water supplier and awarded
or administered by the department, state board, or California
Bay-Delta Authority or its successor agency conditioned on the
implementation of specified water demand management measures.
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AB 2175 Assembly Bill -AMENDED
This bill would make this provision only apply until December 31,
2012, and beginning January 1, 2013, would instead condition these
grants or loans made to urban or agricultural water suppliers on the
implementation of the requirements of paragraph (1), above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 2.55 (commencing with Section 10608) is added to
Division 6 of the Water Code, to read:
PART 2.55. WATER CONSERVATION
CHAPTER 1. GENERAL DECLARATIONS AND POLICY
10608. The Legislature finds and declares all of the following:
(a) Water is a public trust resource in California that should be
protected against waste and unreasonable use.
(b) Growing population, climate change, and the need to protect
California's fish and wildlife make it essential that the state
manage its water resources as efficiently as possible.
(c) In 2000, total water use in California was approximately 83
million acre-feet per year, based on an average water year.- This
total water use consists of urban water use in the amount of 9
million acre-feet, agricultural water use in the amount of 34 million
acre-feet, and environmental water use in the amount of 40 million
acre-feet.
(d) Reduced water use through conservation provides significant
energy and environmental benefits, can help protect water quality,
and reduces greenhouse gas emissions.
(e) Improvements in technology and management practices offer the
potential for increasing water conservation in California over time,
providing an essential water management tool to meet the need for
water for urban, agricultural, and environmental uses.
(f) The California Water Plan, updated in 2005, includes planning
scenarios that indicate that by 2030 urban water conservation can
reduce water demand by up to 3.1 million acre-feet per year and
agricultural water conservation can reduce net water use by up to
800,000 acre-feet of water per year.
(g) The Governor has called for a 20 percent per capita reduction
in urban water use statewide by 2020.
10608.1. It is the intent of the Legislature, by the enactment of
this part, to require all water suppliers to identify, adopt, and
implement water conservation measures to avoid waste and unreasonable
use of this essential resource.
CHAPTER 2. DEFINITIONS
10608.2. The following definitions apply to this part:.
(a) "Base per capita water use" means the average of three water
years, which tee- includes a normal,
dry, and wet water year, as identified by the department and which
most accurately reflects current water use in 2009.
(b) "High per capita water use" means water use in an urban water
supplier's service area that is gallons per capita per day or
higher.
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AB 2175 Assembly Bill -AMENDED
(c) "Locally cost effective" means that the present value of the
local benefits of implementing a water conservation measure are
greater than or equal to the present value of the local costs of
implementing that measure.
(d) "Low per capita water use" means water use in an urban water
supplier's service area that is gallons per capita per day or
lower.
(e) "Per capita water use" means the daily per person urban water
use, which includes residential, municipal, industrial, and
commercial water use and system water losses.
(f) "Water conservation" means those measures, programs, and
incentives that result in reduced demand, prevent the waste of water,
and promote the efficient use of available supplies.
(g) Except as otherwise indicated, "water supplier" includes both
of the following:
(1) An urban water supplier, as defined in Section 10617.
(2) An agricultural water supplier, as defined in subdivision (b)
of Section 531.
CHAPTER 3. WATER CONSERVATION TARGETS
10608.4. (a) The department shall establish a statewide target to
achieve a 20 percent reduction in urban per capita water use in
California on or before December 31, 2020.
(b) On or before December 31, 2013, and not less than every five
years thereafter, the department shall include in the update of the
California Water Plan pursuant to Section 10004, a status report on
the progress in meeting the statewide target established by
subdivision (a).
(c) To the extent that the statewide target is not achieved on or
before December 31, 2020, the department shall propose and adopt a
plan of action to meet the statewide target. This plan shall specify
the increased levels of water conservation that need to be
implemented at the state and local levels. This increased level of
conservation shall be supported by state funding or federal funding,
if provided, because of the broad public benefits.
10608.6. (a) On or before December 31, 2020, each urban water
supplier shall reduce its per capita water use by 20 percent, except
as otherwise provided in subdivision (b). The 20 percent reduction
shall be applied against the base per capita water use of the urban
water supplier. Each urban water supplier shall make incremental
progress by reducing per capita water use by at least 5 percent on or
before December 31, 2012, and by 10 percent on or before December
31, 2015.
(b) The department and the state board shall develop criteria to
create both of the following:
(1) Alternative conservation targets, less than the 20 percent
reduction required by subdivision (a), to be applied to urban water
suppliers that have and maintain low per capita water use.
(2) Additional conservation targets, beyond the 20 percent
reduction required by subdivision (a), to be applied to urban water
suppliers that have high per capita water use.
10608.8. (a) On or before December 31, 2010, and every two years
thereafter, an urban water supplier shall report to the department
and the state board, using a standardized form developed by the
department, all of the following information:
(1) Base per capita water use.
(2) Current per capita water use.
(3) Current population served by the urban water supplier.
(4) Acre-foot water savings attributed to the per capita water use
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AB 2175 Assembly Bill -AMENDED
reductions.
erre~etrre e-~eb~e~e-~~s~
r._,--------___-- -` S~ee•~re~l~+•-•~r-T~---r~k~~.lnr~inc~ the li.9t;
i
-~~
(b) Based on its review of the information submitted
pursuant to subdivision (a), the department may require urban water
suppliers to adopt specific water conservation measures if the
reductions required by Section 10608.6 are not achieved.
10608.10. (a) On or before December 31, 2009, the department
shall establish a statewide numeric water conservation target for
agricultural water use that provides for a significant increase in
agricultural water conservation in California. The initial target
shall be for December 31, 2020, and shall be not less than 500,000
acre-feet of net water reduction from projected demand in the absence
of additional agricultural water conservation practices, not
otherwise attributed to land use changes. On or before December 31,
2012, and not less than every five years thereafter, the department
shall review and may increase the water conservation target, based on
consideration of all relevant information including,
but not limited to, information received pursuant to this section.
' ,
tie a=rTi~r .; ~ .9 ~ i ~,T !'TITTIT ~ 1 m P.7Fr .9 h F] 1 1 F: fl I1.9 ~ 7 1 t be T~ a9 ~ ~l~
-~~
(b) On or before December 31, 2012, each agricultural
water supplier shall adopt numeric water conservation targets to be
achieved by December 31, 2015, and December 31, 2020, and report to
the department on those targets. An agricultural water supplier shall
review and update the targets every five years thereafter. The
target shall be based on reductions that can be achieved by
water management practices
that are
both technically feasible and locally cost effective, or
implementation of alternative measures that achieve equal or greater
water savings.
-fir
(c) On or before December 31, 2015, and every five
years thereafter, an agricultural water supplier shall submit a
report to the department, confirmed by independent evaluation, that
identifies the basis of its adopted water conservation targets and
its progress in reaching the targets. If an agricultural water
supplier determines that a water
~e~rn±~-Frcd--rr~strb~l-rn-rs~orr-Fb}- management practice
is not locally cost effective or technically feasible, the
supplier shall submit information documenting that determination.
~~
(d) Based on its review of ~-ke•
a report submitted pursuant to subdivision --Ee~r
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AB 2175 Assembly Bill -AMENDED
(c) and the related independent evaluation and
other relevant information, the department may require an
agricultural water supplier to revise its targets if the department
determines the proposed targets are not consistent with this part, or
to adopt additional water management practices, if there is
insufficient progress in meeting the targets.
10608.12. To the extent that the aggregate of the agricultural
water conservation targets established by agricultural water
suppliers pursuant to subdivision -~~ (b)
of Section 10608.10 do not meet the statewide target
established pursuant to subdivision (a) of Section 10608.10, the
department shall propose and adopt a plan of action to meet the
statewide target. This plan shall specify the increased levels of
water conservation that need to be implemented at the state and local
levels ,
. This increased level of conservation shall
be supported by state funding or federal funding, if provided,
because of the broad public benefits.
10608.14. (a) Water suppliers may comply with this part
individually or regionally.
(b) Agricultural water supplier reporting requirements may be met
through the submission of an agricultural water management plan
developed for the Agricultural Water Management Council or the United
States Bureau of Reclamation that is consistent with this part.
10608.16. (a) The department shall develop methodologies and
guidelines as necessary to implement this part.
(b) All state water conservation targets, methodologies, and
guidelines -,~r,T; ----- -- -------- ---_ ----_-_---_-
~trr~ shall be established only after the department, or at
the department's request, the California Water Commission, conducts
a series of public hearings and workshops to allow participation of
the diverse geographical areas and interest of the state.
10608.17. Beginning January 1, 2013, the terms of, and
eligibility for, a water management grant or loan made to urban or
agricultural water suppliers and awarded or administered by the
department, state board, or California Bay-Delta Authority or its
successor agency shall be conditioned on the implementation of this
part.
10608.18. (a) The Legislature hereby finds and declares that the
development, adoption, and implementation of water conservation
targets as provided in this part is an issue of statewide
significance that is critical to the effective implementation of
integrated regional water management in California.
(b) It is the intent of the Legislature that funds made available
by Section 75026 of the Public Resources Code should be expended,
consistent with Division 43 (commencing with Section 75001) of the
Public Resources Code and upon appropriation by the Legislature, for
grants to implement this part. In the allocation of funding, it is
the intent of the Legislature that the department give consideration
to disadvantaged communities to assist in implementing the
requirements of this part.
(c) It is the intent of the Legislature that funds made available
by Section 75041 of the Public Resources Code should be expended,
consistent with Division 43 (commencing with Section 75001) of the
Public Resources Code and upon appropriation by the Legislature, for
direct expenditures to implement this part.
SEC. 2. Section 10631.5 of the Water Code is amended to read:
10631.5. (a) (1) Beginning January 1, 2009, until December 31,
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AB 2175 Assembly Bill -AMENDED
2012, the terms of, and eligibility for, a water management grant or
loan made to an urban water supplier and awarded or administered by
the department, state board, or California Bay-Delta Authority or its
successor agency shall be conditioned on the implementation of the
water demand management measures described in Section 10631, as
determined by the department pursuant to subdivision (b).
(2) For the purposes of this section, water management grants and
loans include funding for programs and projects for surface water or
groundwater storage, recycling, desalination, water conservation,
water supply reliability, and water supply augmentation. This funding
includes, but is not limited to, funds made available pursuant to
Section 75026 of the Public Resources Code.
(3) Notwithstanding paragraph (1), the department shall determine
that an urban water supplier is eligible for a water management grant
or loan even though the supplier is not implementing all of the
water demand management measures described in Section 10631, if the
urban water supplier has submitted to the department for approval a
schedule, financing plan, and budget, to be included in the grant or
loan agreement, for implementation of the water demand management
measures. The supplier may request grant or loan funds to implement
the water demand management measures to the extent the request is
consistent with the eligibility requirements applicable to the water
management funds.
(4) (A) Notwithstanding paragraph (1), the department shall
determine that an urban water supplier is eligible for a water
management grant or loan even though the supplier is not implementing
all of the water demand management measures described in Section
10631, if an urban water supplier submits to the department for
approval documentation demonstrating that a water demand management
measure is not locally cost effective. If the department determines
that the documentation submitted by the urban water supplier fails to
demonstrate that a water demand management measure is not locally
cost effective, the department shall notify the urban water supplier
and the agency administering the grant or loan program within 120
days that the documentation does not satisfy the requirements for an
exemption, and include in that notification a detailed statement to
support the determination.
(B) For purposes of this paragraph, "not locally cost effective"
means that the present value of the local benefits of implementing a
water demand management measure is less than the present value of the
local costs of implementing that measure.
(b) (1) The department, in consultation with the state board and
the California Bay-Delta Authority or its successor agency, and after
soliciting public comment regarding eligibility requirements, shall
develop eligibility requirements to implement the requirement of
paragraph (1) of subdivision (a). In establishing these eligibility
requirements, the department shall do both of the following:
(A) Consider the conservation measures described in the Memorandum
of Understanding Regarding Urban Water Conservation in California,
and alternative conservation approaches that provide equal or greater
water savings.
(B) Recognize the different legal, technical, fiscal, and
practical roles and responsibilities of wholesale water suppliers and
retail water suppliers.
(2) (A) For the purposes of this section, the department shall
determine whether an urban water supplier is implementing all of the
water demand management measures described in Section 10631 based on
either, or a combination, of the following:
(i) Compliance on an individual basis.
(ii) Compliance on a regional basis. Regional compliance shall
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AB 2175 Assembly Bill -AMENDED
require participation in a regional conservation program consisting
of two or more urban water suppliers that achieves the level of
conservation or water efficiency savings equivalent to the amount of
conservation or savings achieved if each of the participating urban
water suppliers implemented the water demand management measures. The
urban water supplier administering the regional program shall
provide participating urban water suppliers and the department with
data to demonstrate that the regional program is consistent with this
clause. The department shall review the data to determine whether
the urban water suppliers in the regional program are meeting the
eligibility requirements.
(B) The department may require additional information for any
determination pursuant to this section.
(3) The department shall not deny eligibility to an urban water
supplier in compliance with the requirements of this section that is
participating in a multiagency water project, or an integrated
regional water management plan, developed pursuant to Section 75026
of the Public Resources Code, solely on the basis that one or more of
the agencies participating in the project or plan is not
implementing all of the water demand management measures described in
Section 10631.
(c) In establishing guidelines pursuant to the specific funding
authorization for any water management grant or loan program subject
to this section, the agency administering the grant or loan program
shall include in the guidelines the eligibility requirements
developed by the department pursuant to subdivision (b).
(d) Upon receipt of a water management grant or loan application
by an agency administering a grant and loan program subject to this
section, the agency shall request an eligibility determination from
the department with respect to the requirements of this section. The
department shall respond to the request within 60 days of the
request.
(e) The urban water supplier may submit to the department copies
of its annual reports and other relevant documents to assist the
department in determining whether the urban water supplier is
implementing or scheduling the implementation of water demand
management activities. In addition, for urban water suppliers that
are signatories to the Memorandum of Understanding Regarding Urban
Water Conservation in California and submit biennial reports to the
California Urban Water Conservation Council in accordance with the
memorandum, the department may use these reports to assist in
tracking the implementation of water demand management measures.
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