Marin Independent Journal

Remove Marin from Bay Area transporta­tion tax plan

- Columnist Dick Spotswood of Mill Valley writes on local issues Sundays and Wednesdays. Email him at spotswood@comcast.net.

The Metropolit­an Transporta­tion Commission is considerin­g another regional tax measure to support post-pandemic Bay Area Transit agencies. Its goal is to place a levy on the 2026 November ballot. It'll most likely be a half-cent sales tax increase imposed on retail transition­s in the nine Bay Area counties, including Marin.

The tax's unstated purpose is a transit bailout caused by the precipitou­s fall of passengers and fare revenue due to the shift from working at downtown San Francisco and Oakland offices to remotely toiling at home. The measure is sugar coated with vague improvemen­ts to relieve highway congestion, expand cycling and future transit improvemen­ts.

When implemente­d, the bulk of tax proceeds will go to cover Bay Area transit agencies' $700 million annual operating shortfall. Most will be gobbled up by the two agencies whose deficit is the largest: the Bay Area Rapid Transit train, the Bay Area Transit District and San Francisco's Municipal Railway.

Golden Gate Transit and the Sonoma-Marin Area Rail Transit District, will receive proportion­ately small amounts. There's little benefit in the proposed measure for North Bay bus, ferry and rail passengers.

Marin taxpayers are reaching a limit on tolerating new taxes. They'll likely oppose a tax that heavily aids BART. It's an example of transit providers that, due to vehement opposition from their powerful unions, refuses to adjust their schedules and the size of their workforce to meet the needs of the agency's new normal passenger load.

Without pre-pandemic hordes of commuters headed to San Francisco and Oakland each weekday from the East

Bay, South Bay and San Francisco neighborho­ods, BART's utility is diminished.

There's no reason why Marin taxpayers would vote to boost their already substantia­l sales tax for vague promises. A new regional sales tax, if passed, would make it more difficult for passage of new Marin-based taxes for schools or to aid financiall­y strapped communitie­s like Novato.

If Marin remains among the counties to vote on the regional measure, don't be surprised if a majority here cast no votes. It's likely voters in Sonoma, Solano and Napa counties will follow the same logic and have the same reaction.

If the regional measure were now placed on the ballot, it would require a two-thirds supermajor­ity to pass. If, in November 2024, statewide voters pass California Assembly Constituti­onal Amendment 1, the necessary margin for approval of general or special taxes allocated to affordable housing and public infrastruc­ture decreases to a 55% supermajor­ity.

That'll make passage easier, but a supermajor­ity requiremen­t remains. If Marin and the North

Bay become united in opposing the regional measure, the sales tax hike is in deep jeopardy.

Better for MTC to excuse Marin and the North Bay counties from which the tax is collected and benefits issued. That'll ease passage in the subset of five counties who'll reap the tax's benefits. The Marin County Board of Supervisor­s and the Transporta­tion Authority of Marin should request that MTC exclude Marin from the potential regional transporta­tion bailout effort.

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Well over half the freeway lighting on Highway 101 between the Robin Williams Tunnel and the Richardson Bay Bridge is inoperable. That lack of nighttime lighting is a hazard for motorists, bus passengers and truckers who traverse the steep

Waldo Grade.

It's Caltrans' responsibi­lity to maintain the roadway in a safe condition. As a retired trial attorney, I am certain that if an injury accident happens on the roadway, North Bay personal injury lawyers will name Caltrans as a defendant.

If Caltrans (or any responsibl­e party) has notice of a defect that is its responsibi­lity to repair, doesn't promptly make repairs and that defect is a precipitat­ing factor as an accident's proximate cause, the state will be held responsibl­e. Caltrans Division 4 is on notice that the lighting needs to be immediatel­y restored.

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