TO: AC Transit Board of Directors
FROM: Michael A. Hursh, General Manager/Chief Executive Officer
SUBJECT: Monthly Legislative Report
ACTION ITEM
AGENDA PLANNING REQUEST: ☐
RECOMMENDED ACTION(S):
Title
Consider receiving the Monthly Legislative Report and approve legislative positions.
Staff Contact:
Beverly Greene, Executive Director of External Affairs, Marketing & Communications
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
Initiative - Financial Efficiency and Revenue Maximization
The Monthly Legislative Report helps the District track state, regional and federal legislation to ensure alignment with the District’s Strategic Plan and the specific goal of having strong public and policymaker support. Policy decisions at all levels of government can positively or negatively affect District operations and revenues and, as such, are important to track and influence as needed.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Federal Update
At the time this report was submitted, District representatives were in Washington, DC, participating in the American Public Transportation Association’s 2024 Legislative Conference. Meetings have been scheduled with the White House Office of Clean Energy Innovation & Implementation, the Federal Transit Administration, Representatives Lee, Garamendi, and Swalwell, and staff from the office of Senator Padilla. The primary focus for this year’s engagement was to highlight our industry-leading zero emissions bus (ZEB) program and lay the foundation for securing the federal investment needed to expand ZEB service.
State Update
On April 4, Governor Newsom, Senate President pro Tempore McGuire, and Assembly Speaker Rivas announced an agreement on $17 billion in early actions to reduce the state’s budget shortfall, now estimated to be about $70 billion. Importantly, the agreement preserves the state’s commitment to provide the full balance of the $4 billion for the population-based Transit & Intercity Rail Capital Program (TIRCP) transit allies secured in the Fiscal Year 2023-24 budget. However, it would delay the appropriation of $1 billion of the $4 billion program by one fiscal year.
If the agreement is approved by the Legislature and signed into law by the Governor the appropriation schedule for this funding will be as follows:
• FY 2023-24: $2 billion (already approved in FY 2023-24 budget)
• FY 2024-25: $1 billion
• FY 2025-26: $1 billion
The agreement does not impact the $1.1 billion approved in the FY 2023-24 budget for the Zero-Emission Transit Capital Program.
The following bill positions are offered for Board consideration.
H.R. 7039 - SUPPORT. House Resolution (H.R.) 7039 would authorize $20 billion annually for four years to transit systems for their operating budgets. It achieves this by requiring the Department of Transportation (DOT) to establish a grant program to support operating projects for public transportation and related service improvements, particularly in underserved communities and areas of persistent poverty. Congresswoman Lee is cosponsor. A SUPPORT position is recommended because operations funding is essential to delivering our service.
H.R. 7525 - SUPPORT. H.R. 7525, The Special District Grant Accessibility Act, codifies in federal law a first-ever, formal definition of “special district.” In addition to establishing such a definition, H.R. 7525 would direct federal agencies to recognize special districts as local governments for the purpose of ensuring that districts are eligible to receive appropriate forms of federal assistance, including funding and resources through key grant programs. A SUPPORT position is recommended because the bill provides added clarity regarding the federal funding for which the District may be eligible.
AB 2561 (McKinnor) Public Employees: Vacancies - OPPOSE. Assembly Bill 2561 bill would require public agencies with bargaining unit vacancy rates greater than 10% for at least 90 out of the past 180 days to develop, publish, and implement a plan to fill those vacancies within the subsequent 180 days. The bill also requires the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. An OPPOSE position is recommended because the bill creates an unfunded mandate that would add unnecessary additional actions that risk disrupting and delaying the hiring process.
AB 2824 (McCarty) Battery: Public Transportation Provider - SUPPORT. This bill would enhance penalties for individuals who commit battery against a public transit operator or employee. The existing penalty for battery includes a fine of up to $10,000 or up to one year in county jail, or both. Existing law also provides that if the victim is injured the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment. AB 2824 would expand this crime to apply to an employee or contractor of a public transportation provider. A SUPPORT position aligns with the goal of delivering safe and secure operations, as outlined in the District’s Strategic Plan.
AB 3214 (Fong) Public Transit: Advertising - SUPPORT. AB 3214 would require the state to prioritize purchasing advertising space offered by public transit operators when implementing a public awareness campaign. A SUPPORT position is recommended because the bill would direct public funds for public awareness campaigns to public transit operators and would ensure the state’s campaigns are reaching public transit riders.
SB 961 (Wiener): Vehicles: safety equipment - WATCH. SB 961 would require, starting with the 2027 model year, every passenger vehicle, motortruck, and bus manufactured or sold in California to be equipped with an “intelligent speed limiter system” that prevent a vehicle from traveling more 10 mph above the posted speed limit. The bill would also require all truck trailers to be equipped with side underride guards that could withstand a 40-mph impact, thereby reducing the chance of a vehicle sliding underneath the trailer in a collision. A WATCH position is recommended because the bill may be preempted by federal law.
SB 1031 (Wiener) San Francisco Bay Area: local revenue measure: transportation improvements. - WATCH. SB 1031 authorizes the Metropolitan Transportation Commission (MTC) to place a regional transportation funding measure on the ballot as soon as November 2026. The bill also requires the State Transportation Agency, CalSTA, to assess and recommend, by Jan 1, 2027, a comprehensive plan to consolidate all transit agencies in the Bay Area. As of April 16, Bay Area operators had adopted the following positions:
Support if Amended
• Bay Area Rapid Transit (BART)
Oppose Unless Amended
• Caltrain
• San Mateo County Transit District (SamTrans)
• Santa Clara Valley Transportation Authority (VTA)
Potential language changes pertaining to agency consolidation were circulated on April 12 but have yet to be introduced as formal legislative language. There is no reference to District representation on the Metropolitan Transportation Commission. A WATCH position is prudent because SB 1031 continues to evolve and, at the time this report was submitted, new bill amendments were not yet available in print to be shared with the Board.
ADVANTAGES/DISADVANTAGES:
This report is provided to inform the Board of monthly legislative activities. Ensuring favorable legislation is adopted by policymakers helps further the District’s goal of having strong public and policymaker support.
ALTERNATIVES ANALYSIS:
No alternatives were considered as this report provides an update of monthly legislative activities.
PRIOR RELEVANT BOARD ACTION/POLICIES:
Staff Report No. 23-420a: Adopted 2024 Federal and State Advocacy Programs
ATTACHMENTS:
1. Federal Update
2. State Update
3. State Matrix
4. 2024 Federal Advocacy Program
5. 2024 State Advocacy Program
Prepared by:
Steven C. Jones, External Affairs Representative
Approved/Reviewed by:
Claudia Burgos, Director of Legislative Affairs & Community Relations
Beverly Greene, Executive Director of External Affairs, Marketing & Communications