Bay Area Transportation Planners Breathing Easier After Court Ruling

A total of $4.5 billion in road and transit projects was at stake in a state taxpayer group's lawsuit against a regional ballot measure approved by voters in June 2018.

3 minute read

April 10, 2019, 1:00 PM PDT

By Irvin Dawid


San Francisco

Pikadream / Shutterstock

"A San Francisco Superior Court judge has tossed a lawsuit filed last year to block the use of voter-approved toll increases on the Bay Area’s state-owned bridges to pay for regional transportation and public transit upgrades, paving the way for $4.5 billion in projects to move ahead," reports Kevin Fixler for The Press Democrat, on April 8.

Last week [April 3], Judge Ethan P. Schulman dismissed the suit filed in July against the Bay Area Toll Authority [BATA] and California Legislature by the Howard Jarvis Taxpayers Association [HJTA]. 

The judge sided with lawmakers who drafted the framework allowing Regional Measure 3 to land on June’s ballot in the nine Bay Area counties and the toll operator that oversees collections in affirming the toll hikes are a fee rather than a tax that would have needed a greater percentage of voter approval to pass under state law.

The ballot measure, based on Senate Bill 595 by Sen. Jim Beall (D-San Jose), passed with 55 percent of the vote on June 5. It raised the base toll on seven, state-owned bridges by $1 to $6 on Jan. 1. Additional $1 toll increases will go into effect on Jan. 1, 2022, and on Jan. 1, 2025.

However, due to the lawsuit by HJTA and a second one filed by a private citizen in August [see page 15 of 32 of BATA memo (pdf)], the additional toll revenues were "held in escrow ... until the resolution of the lawsuits,” John Goodwin, a spokesperson for the toll authority and its parent agency, the Metropolitan Transportation Commission, told CBS News on Jan. 1.

And that's another reason why transportation officials are breathing easier – the extra dollar paid by every toll-paying motorist as of New Years Day would have to be refunded had the Metropolitan Transportation Commission lost the suit. The CBS news reporter instructed commuters to ask for receipts if paying the new toll with cash. Another reason to use FastTrak, he noted.

A toll is not a tax

Unlike the recent outcome of a high-profile lawsuit in Rhode Island on highway tolls, Judge Schulman ruled that bridge tolls, unlike transportation sales taxes, need only pass with a majority vote (explained in more detail by Joe Fitzgerald Rodriguez of the San Francisco Examiner), and the same held true for the legislature's approval of SB 595 in September 2017.

An earlier post described the two reasons given by Tim Bittle, director of legal affairs for the Howard Jarvis Taxpayers Association, why they believed the toll increase qualified as a tax. Motorists wouldn't directly benefit since most toll revenue would go toward transit projects, and the applicability of the measure to Proposition 26 and Proposition 218. Both propositions are offshoots of the landmark 1978 Proposition 13 which set the original two-thirds threshold for local tax hikes.

Appeal unlikely

"On Monday morning, Bittle told the San Francisco Examiner that it is unlikely the association would appeal the decision as they view the risk as too high," according to Rodriguez.

“We lost,” he said. “We’re nervous about the decision. We’re afraid if we lost on appeal and got a published appellate decision, that could open a new loophole that state and local governments would drive a truck through.”

"Barring an appeal during a 60-day window after the court’s final ruling is submitted Tuesday or Wednesday, it stands to allow transportation agencies throughout the Bay Area to begin receiving toll revenue for highway and bridge upgrades, as well as commuter bus and rail expansions," adds Fixler.

The largest recipients in the toll measure's expenditure plan [pdf] are BART expansion cars ($500 million), BART to San Jose phase 2 ($375 million), and Caltrain downtown San Francisco extension, $325 million. 

According to an email from MTC's Goodwin, the second lawsuit, "Randall Whitney v. Metropolitan Transportation Commission, is still pending in San Francisco Superior Court. MTC will pursue dismissal of this suit as well."

Related:

Monday, April 8, 2019 in The Press Democrat

courses user

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges. Corey D, Transportation Planner

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges.

Corey D, Transportation Planner

Ready to give your planning career a boost?

View of dense apartment buildings on Seattle waterfront with high-rise buildings in background.

Seattle Legalizes Co-Living

A new state law requires all Washington cities to allow co-living facilities in areas zoned for multifamily housing.

December 1, 2024 - Smart Cities Dive

Times Square in New York City empty during the Covid-19 pandemic.

NYC Officials Announce Broadway Pedestrianization Project

Two blocks of the marquee street will become mostly car-free public spaces.

December 1, 2024 - StreetsBlog NYC

'Vertical canyon' on glass-clad residential high-rise in Denver, CO.

Denver's New High-Rise Integrates Vertical Canyon in Architectural Design

Unlike other new builds in Denver, Colorado, a new high-rise reveals a unique “sculptural canyon” running vertically through the facade to foster a sense of community and connection to nature.  

November 29, 2024 - designboom

Aerial view of small town of Sparta, Wisconsin.

Opinion: Federal Government Must Continue Supporting Rural Housing Program

The incoming Congress will have a say in bolstering — or harming — the only federal housing program focused on affordable housing in rural areas.

5 hours ago - The Daily Yonder

Chicago sidewalk with brick homes in winter.

Chicago Budget Fails to Include Snow Plowing Program

Disability rights advocates say the “Plow the Sidewalks” program is a necessity for Chicagoans with limited mobility in winter months.

7 hours ago - Block Club Chicago

Close-up of yellow Pacers Bikeshare e-bike parked outdoors with blurred people in background.

Indy Bike Share Sees Sharp Growth Thanks to Free Pass Program

A new fleet of e-bikes and free access for Marion County residents are getting more people on bikes.

December 8 - Pacers Bikeshare

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.