2007 California Streets and Highways Code Chapter 4.5. Seismic Retrofit Surcharge

CA Codes (shc:31000-31021)

31000.  The following definitions apply for purposes of this
chapter:
   (a) "Account" means the Toll Bridge Seismic Retrofit Account
created pursuant to Section 188.10.
   (b) "Amenities" means any of the following:
   (1) A cable suspension bridge.
   (2) A bicycle facility.
   (3) A transbay terminal.
   (c) "Authority" means the Bay Area Toll Authority.
   (d) "Bay area bridges" means the state-owned toll bridges within
the area of the geographic jurisdiction of the Metropolitan
Transportation Commission.
   (e) "Department" means the Department of Transportation.
   (f) "Seismic retrofit" means all work completed by the department
on the bay area bridges relating to the planning, design, and
construction of improvements to, or replacement of, those bridges for
the purpose of withstanding seismic forces, including, but not
limited to, any environmental or traffic mitigation necessary for
that work.
   (g) "Surcharge" means the seismic retrofit surcharge imposed
pursuant to Section 31010.


31010.  (a) There is hereby imposed a seismic retrofit surcharge
equal to one dollar () per vehicle for passage on the Bay Area
state-owned toll bridges, except for vehicles that are authorized
toll-free passage on these bridges.
   (b) Funds generated pursuant to subdivision (a) that are in excess
of those needed to meet the toll commitment as specified by
paragraph (4) of subdivision (b) of Section 188.5 shall be available
to the authority for funding, consistent with Sections 30913 and
30914, the purposes and projects described in those sections.
   (c) Except as provided in subdivision (d), funds generated
pursuant to subdivision (a) shall be paid to the authority directly
and deposited in the Bay Area Toll Account pursuant to Section
30950.2 and shall constitute revenues of the tolls imposed on the
bridges described in Section 30910 for all purposes of Chapter 4.3
(commencing with Section 30950).
   (d) Funds generated pursuant to subdivision (a) shall be used
exclusively to repay obligations issued by the California
Infrastructure and Economic Development Bank and secured by the
surcharge imposed by subdivision (a) until they are no longer
outstanding, as that term is defined in the constituent instruments
defining the rights of the holders of those obligations. This
subdivision shall become inoperative when the obligations are no
longer outstanding, as that term is defined in the constituent
instruments defining the rights of the holders of those obligations.

   (e) The department may increase the amount of the seismic retrofit
surcharge identified in subdivision (a) for debt service purposes
only on the obligations issued by the California Infrastructure and
Economic Development Bank under Chapter 4.6 (commencing with Section
31070) and only for as long as those obligations are outstanding, as
that term is defined in the constituent instruments defining the
rights of the holders of those obligations, if circumstances exist
that have resulted in a reduction in the funds generated by
subdivision (a) so as to jeopardize the payment of debt service on
those obligations. This subdivision shall become inoperative when
those obligations are no longer outstanding due to their retirement
or defeasance.



31011.  (a) The authority may increase the amount of the surcharge
described in Section 31010 for the purpose of completing the state
toll bridge seismic program described in Section 188.5 and to meet
its obligations under the act adding this section in the 2005-06
Regular Session. No increase shall be made effective prior to January
1, 2007.
   (b) Notwithstanding any other provision of law, revenues generated
by an increase imposed pursuant to this section shall be deposited
in the Bay Area Toll Account.
   (c) The authority shall hold at least two public meetings at least
45 days before taking any action pursuant to subdivision (a) to
increase the amount of the surcharge.
   (d) The authority may reduce the amount of the surcharge described
in subdivision (a) to encourage electronic toll payment.




31015.  (a) Revenues generated from the surcharge shall not exceed
nine hundred seven million dollars (7,000,000), unless any of the
following occurs:
   (1) After completing 30 percent of the design, and after
completion of a cost estimate by the department, the authority
selects a design that costs more than the cost of a single tower
cable suspension bridge selected by the department.
   (2) The authority requests funding for the replacement or
relocation of the transbay bus terminal in the City and County of San
Francisco.
   (3) The authority requests funding for a bicycle or pedestrian
access that is to be added to either the new east span of the San
Francisco-Oakland Bay Bridge or the retrofitted west span of that
bridge, or both.
   (b) If the authority does any of the things listed in paragraphs
(1) to (3), inclusive, of subdivision (a), the local share of the
project costs shall be increased by an amount equal to any additional
costs that are incurred as a result of the authority's decision.
   (c) The department shall include the amenities requested by the
authority only if sufficient funds generated by the seismic retrofit
surcharge are made available to fully pay for those amenities.



31020.  Notwithstanding Section 30953, as amended by the act adding
this section in the 2005-06 Regular Session, revenue generated from
the seismic retrofit surcharge imposed pursuant to subdivision (a) of
Section 31010 shall be deposited in the account until obligations
secured by that seismic retrofit surcharge and issued by the
California Infrastructure and Economic Development Bank under Chapter
4.6 (commencing with Section 31070) are no longer outstanding as
that term is defined in the constituent instruments defining the
rights of the holders of those obligations. After obligations of the
bank secured by toll funds are no longer outstanding, all toll
revenues generated from bridges in the geographic jurisdiction of the
Metropolitan Transportation Commission shall be deposited in the Bay
Area Toll Account.



31021.  Projects in the state toll bridge seismic retrofit and
replacement program described in Section 188.5 are not subject to
administrative overhead cost assessments by the department because
they are within the duties described in Section 30952.