Legal Documents

The materials described below have been made available in accordance with the June 2014 settlement agreement among MTC and ABAG, and the Sierra Club and Communities for a Better Environment:

Summaries of environmental technical analyses for greenhouse gas effects, vehicle miles traveled effects, and use of express lanes by low-income populations for Express Lanes undergoing environmental analysis after April 2014. The summaries are posted within 90 days of the availability of the environmental documents. The following summaries have been completed:
Disclosure of the effects of financing the construction of express lanes by using bridge revenues and disclosure of the effects of such financing on the current uses of bridge toll revenues. (Settlement Agreement, Section 5(b).)
- The Bay Area Toll Authority (BATA) issues an Official Statement (OS) with each financing. The OS discloses all of BATA’s financial commitment that impacts the use of toll bridge revenue. The OS dated December 9, 2014, discloses BATA’s commitment of $326 million for the Express Lane Network in its capital budget as referenced in pages A-17, A-18, and A-37. The OS link http://emma.msrb.org/ER818597-ER637307-ER1038935.pdf can be found on the Electronic Municipal Market Access website.
- BATA’s commitment to financing construction of express lanes is also disclosed each year in May and June when staff presents the Toll Bridge Capital Budget to BATA for adoption.
  - Fiscal Year 2016-17 Toll Bridge Capital Budget (adopted June 2016)
  - Fiscal Year 2015-16 Toll Bridge Capital Budget (adopted June 2015)
Disclosure of the effects of the construction of express lanes on interregional car and light truck travel. (Settlement Agreement, Section 5(b)(ii).)
- Effect of MTC Express Lanes on Interregional Travel
Summaries of analyses of PDA performance and feasibility, including current transit availability for PDAs; readiness for development; environmental factors; housing and jobs information; and public health and environmental information (Settlement Agreement, Section 5(c)(i)-(v)). The following summaries have been completed for the 2013 Plan/EIR PDAs, as well as the current PDAs.
- Current Transit Availability for PDAs (Settlement Agreement, Section 5(c)(i))
- Readiness for Development (Settlement Agreement, Section 5(c)(ii))
- Environmental Factors (Settlement Agreement, Section 5(c)(iii)
- Housing and Jobs Information (Settlement Agreement, Section 5(c)(iv))
- Public Health and Environmental Information (Settlement Agreement, Section 5(c)(v))
The Bay Area Air Quality Management District (BAAQMD) has prepared healthy infill guidelines, the Planning Healthy Places Guidelines, which include policies and best management practice measures for local agencies to implement and ways to address air quality-related health impacts. The guidelines are available on BAAQMD’s website at the following http://www.baaqmd.gov/?sc_itemid=495F1175-4060-4C5B-AD31-4503515C5ACC (Settlement Agreement, Section 5.e.)

Current Transit Availability
The following links summarize answers to the bullets below:

Whether a PDA meets criteria for a TPP [5.c.i (A)].
Whether public transit routes or lines operate at 15 minute frequencies or less at peak commute times within a quarter mile of the PDA [5.c.i (B)].
Availability of short-term funding for capital and operating expenses for public transit service to serve the PDA population [5.c.i (C)].
If right-of-way acquisition is required for fixed guideways (including BRT), the routing has been identified [5.c.i (D)].

Readiness for Development
The following links summarize answers to the bullets below:

Tracking building permits throughout the region for residential and non-residential development [5.c.ii (A)]. For more information on housing datasets, see http://abag.ca.gov/planning/housing/datasets.html.
Whether PDA jurisdiction has a "complete streets" policy that complies OBAG Program [5.c.ii (B)].
Whether highway or freeway construction or lane expansions are planned within or adjacent to PDA [5.c.ii (C)].

Environmental Factors
The following links summarize answers to the bullets below:

Whether any place within or adjacent to PDA is subject to flooding due to sea level rise [5.c.iii (A)].
Whether any place within or adjacent to the PDA is located on land with liquefaction susceptibility of "Very High" or "High" [5.c.iii (B)]. This is determined by….
Whether sites for parks and recreation are already within the PDA [5.c.iii (C)].
Whether PDA has adequate green space relative to existing PDA population [5.c.iii (D)]

Housing and Jobs Information
The following links summarize answers to the bullets below:

Changes in population of the PDA, including information on household demographics [5.c.iv (A)].
Number and type of affordable units created by county, local jurisdiction, and PDA, including new and acquisition/rehabilitation units [5.c.iv (B)]. For more information on housing datasets, see http://abag.ca.gov/planning/housing/datasets.html.
Whether PDA sponsor has reported there is no feasible way to meet the need for affordable housing in the PDA [5.c.iv (C)].
Changes in employment levels [5.c.iv (D)].
Where applicable, anti-displacement programs in the PDA [5.c.iv (E)]. For more information on housing policies, see http://abag.ca.gov/planning/housing/datasets/ABAGHousingPoliciesALL020516.xlsx.

Public Health and Environment Information
The following links summarize answers to the bullets below:

Whether there is overlap between the PDA and CARE communities [5.c.v (A)].
Whether PDA is in a jurisdiction that has a Community Risk Reduction Plan [5.c.v (B)].
Whether the Community Risk Reduction Plan addresses freight impacts, and whether results are consistent with the goals of the Freight Emissions Reduction Action Plan [5.c.i (C)].