Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1605

Introduced by Assembly Members Ting and Bloom

February 22, 2019

An act to add Article 3.5 (commencing with Section 21150) to Chapter 1 of Division 11 of the Vehicle Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1605, as amended, Ting. City and County of San Francisco: Crooked Street Reservation and Pricing Program.
Existing law prohibits a local authority from enacting or enforcing an ordinance or resolution on matters covered by the Vehicle Code unless expressly authorized by the Vehicle Code. Existing law authorizes local authorities, for highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among others, prohibiting entry to, or exit from, or both entry to or exit from, any street by means of certain roadway design features to implement the circulation element of a general plan. Existing law prohibits a local agency from imposing a tax, permit fee, or other charge for the privilege of using its streets or highways, other than a permit fee for extra legal loads, after December 31, 1990, unless the local agency imposed the fee before June 1, 1989.
This bill would authorize the Board of Supervisors of the City and County of San Francisco by ordinance to conduct a reservation and pricing pilot program for vehicles that use the “Crooked Street,” which the bill would define to mean the portion of Lombard Street located between Leavenworth Street and Hyde Street in the City and County of San Francisco. Before the board of supervisors adopts an ordinance to conduct the pilot program, the bill would require the board of supervisors to make certain findings and to conduct at least 2 public outreach meetings or hearings. The bill would require the board of supervisors to designate in the ordinance a program administrator and would require the program administrator to consult with specified entities and submit 2 reports to the Legislature. The bill would require the board of supervisors to include certain program requirements in the ordinance, including, among other things, congestion reduction objectives and goals, public involvement and consultation requirements, and performance monitoring requirements. The bill would authorize the board of supervisors to specify the powers and duties of the program administrator in the ordinance, including, among other powers, the authority to impose fees on vehicles for the use of the Crooked Street.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 3.5 (commencing with Section 21150) is added to Chapter 1 of Division 11 of the Vehicle Code, to read:
Article  3.5. Crooked Street Reservation and Pricing Pilot Program

21150.
 (a) The Legislature finds and declares all of the following:
(1) Due to over two million annual visitors, and daily queuing for up to 10 hours, traffic congestion on and around the 1000 block of Lombard Street in the City and County of San Francisco (known as the “Crooked Street”) has deteriorated the safety and quality of life for residents of the Crooked Street and surrounding community.
(2) During peak periods, the vehicle queue can stretch three blocks west past the intersection of Lombard Street and Van Ness Avenue, creating congested conditions on the state highway system as Van Ness and Lombard west of Van Ness comprise a portion of State Highway Route 101.
(3) A reservation and pricing program is a potentially useful tool for managing automobile demand from and access for visitors to the street. It would reduce traffic congestion and fund program administration, traffic management, and enforcement. The use of a reservation system to manage and maintain practical and sustainable numbers of visitors has been implemented in a number of parks in California, including Muir Woods National Monument in the County of Marin and Uvas Canyon County Park in the County of Santa Clara.
(b) It is the intent of the Legislature to authorize the Board of Supervisors of the City and County of San Francisco to locally approve a reservation and pricing pilot program for vehicles to use the Crooked Street, and to designate an entity to administer the Crooked Street reservation and pricing pilot program to manage traffic congestion.

21151.
 For purposes of this section, article, the following definitions apply:
(a) “Board of supervisors” means the Board of Supervisors of the City and County of San Francisco.
(b) “Crooked Street” means the portion of Lombard Street located between Leavenworth Street and Hyde Street in the City and County of San Francisco.
(c) “Pilot program” means the reservation and pricing pilot program authorized pursuant to Section 21152.
(d) “Program administrator” means the board or agency designated to administer the pilot program pursuant to Section 21153.

21152.
 (a) The board of supervisors may conduct a reservation and pricing pilot program for vehicles that use the Crooked Street by adopting an ordinance.
(b) Before adopting an ordinance pursuant to subdivision (a), the board of supervisors shall make all of the following findings:
(1) The pilot program is likely to be successful in its goal of congestion management.
(2) The requirement to consult with the public pursuant to subdivision (c) has taken place.
(3) The pilot program is aligned with the objectives of the applicable countywide congestion management program and regional transportation plan.
(c) Before adopting an ordinance pursuant to subdivision (a), the board of supervisors shall conduct at least two public outreach meetings or hearings within the City and County of San Francisco to ensure consideration of all stakeholder views.

21153.
 In an ordinance adopted pursuant to Section 21152, the board of supervisors shall do all of the following:
(a) Designate a board or agency to administer the pilot program, to be known as the program administrator.
(b) Require the pilot program to prioritize both of the following goals:
(1) Significantly reduce local congestion and queues for vehicles seeking to travel down the Crooked Street.
(2) Ensure that program revenues are sufficient to implement the reservation and pricing system and support traffic management activities. activities in the area of the Crooked Street.
(c) Specify how the pilot program will be adjusted if program revenues exceed the cost to implement the program and support traffic management activities in the area of the Crooked Street, including any allocation of excess funds.

(c)

(d) Specify congestion reduction objectives and goals to be achieved, public involvement and consultation requirements, and performance monitoring requirements.

(d)

(e) Require the program administrator to consult with any other applicable local transportation planning agencies.

(e)

(f) Require the program administrator to evaluate the performance of the pilot program and submit a report to the Legislature one year after the implementation of the pilot program and five years after the implementation of the pilot program, using the objectives and goals established in the adopted ordinance. The reports required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

21154.
 In an ordinance adopted pursuant to Section 21152, the board of supervisors may specify the powers and duties of the program administrator, including, but not limited to, the authority to impose fees on vehicles for use of the Crooked Street and impose penalties for violations, to collect and use revenues generated from the program to build, operate, maintain, finance, and administer the program, and to ensure regular monitoring and reporting.

21155.
 (a) A charge imposed pursuant to this article shall be imposed consistent with the California Constitution and federal law.
(b) Sections 9400.8 and 21101.6 shall not apply to the pilot program, including to any charge imposed pursuant to this chapter article for the privilege of using the Crooked Street.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to manage traffic congestion on and around the 1000 block of Lombard Street in the City and County of San Francisco resulting from over two million annual visitors and queuing of vehicles waiting to use that portion of Lombard Street for up to 10 hours each day.