Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: President David J. Canepa, District 5
Subject: Appointment to the Bay Area Toll Authority’s Regional Measure 3 Independent Oversight Committee
RECOMMENDATION:
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Appoint Walter Batara to the Bay Area Toll Authority’s (“BATA’s”) Regional Measure 3 Independent Oversight Committee, for the remainder of the existing term ending June 30, 2027.
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BACKGROUND:
On June 5, 2018, voters in the nine Bay Area counties approved Regional Measure 3 (“RM 3”), a proposed increase to toll rates on state-owned bridges in the region. RM 3 authorized toll increases of up to three dollars ($3) to be phased in one dollar at a time over the course of six years. The Bay Area Toll Authority (BATA) adopted the toll schedule incorporating the phased-in three-dollar RM 3 phased-in toll increase for the Bay Area’s state-owned toll bridges on December 19, 2018, pursuant to SHC Section 30916(c)(1). The first dollar increase took effect January 1, 2019; the second dollar increase took effect January 1, 2022; and the third dollar increase took effect January 1, 2025. The toll schedule also incorporates the FasTrak® Electronic Toll Collection RM 3 Toll Discount for vehicles crossing more than one bridge on the same calendar day during commute hours and updates the high-occupancy vehicle toll rates to incorporate RM 3 increases.
SB 595 also required, if voters approved the RM3 toll increase, that the Authority establish an independent oversight committee within six months of the effective date of the toll increase (i.e., on or before July 1, 2019). This committee is subject to the Brown Act.
SB 595 sets forth the following provisions regarding the functions and membership of the independent oversight committee (the “Oversight Committee”) (Streets and Highways Code Section 30923 (h)):
• The purpose of the Oversight Committee is to ensure that any toll revenues generated pursuant to the RM3 toll increase are expended consistent with the applicable requirements of the RM3 expenditure plan set forth in Streets and Highways Code Section 30914.7;
• The Oversight Committee shall include two representatives from each county within the jurisdiction of the commission;
• Each representative shall be appointed by the applicable county board of supervisors and serve a four-year term and shall be limited to two terms;
• The Oversight Committee shall annually review the expenditure of funds by the Authority for the projects and programs specified in Section 30914.7 and prepare and submit a report to the transportation committee of each house of the Legislature summarizing its findings; and
• The Oversight Committee may request any documents from the Authority to assist the committee in performing its functions.
DISCUSSION:
Upon approval of this memorandum, Walter Batara is being recommended to be appointed to the seat vacated by former member Pam Frisella, for the remainder of the existing term ending June 30, 2027.
In 2023, the Board of Supervisors appointed Pam Frisella and Frederick A. Hansson to the Oversight Committee. BATA established the RM3 independent oversight committee on June 26, 2019. Concurrently, BATA requested county boards of supervisors to appoint representatives to the committee. Received appointees were added to the committee roster by BATA resolution in July, October, and November of 2019; and again in 2023 for a four-year term from July 2023 through June 2027.
FISCAL IMPACT:
None.