Archive for the ‘State of California’ Category

State allocates $10.2 million for Contra Costa transportation improvements

Monday, May 27th, 2024

Nearly $2 billion in statewide investments to improve, protect state’s infrastructure

By Edward Barrera, Division Chief of Public Affairs, California Department of Transportation 

SACRAMENTO — Earlier this month, the California Transportation Commission (CTC) allocated $1.9 billion to support transportation infrastructure projects that play a starring role in powering the world’s fifth largest economy. The approved funding provides significant investments for bridges, roadways, transit and improved facilities for people who walk and bike.

The latest allocations also include nearly $430 million from the federal Infrastructure Investment and Jobs Act of 2021 (IIJA) and $740 million via Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017. 

A total of $10.183 million was allocated for improvements in Contra Costa County with most of it for 20 miles of BART track and $3.6 million for I-680 in San Ramon and Danville. 

Among the efforts spurred by the $1.9 billion commitment include several projects prioritizing the state’s vital bridge network, highlighted more than $4 million to repair bridge damage along Interstate 80 in Alameda County.

Also included are projects that will build or renovate shoreline embankments, bus, bicycle and pedestrian infrastructure, and railroad overcrossings. 

“California’s transportation infrastructure is critical to the economic and cultural lifeblood of our state, and this funding provides key support in our mission to provide a safe, equitable and sustainable transportation system for all users,” said Tony Tavares, Caltrans Director.

Contra Costa County Projects

  • $6 million allocation for BART Expansion and Contraction of Steel Rail in Contra Costa County which will destress twenty miles of rail track within the BART operating corridor that has been identified as being affected by such conditions in Contra Costa County. (Funding description and source: Locally-Administered Local Transportation Climate Adaptation Program Project off the State Highway System – Resolution LTCAP-A-2324-04)
  • $3.6 million allocation for I-680 in San Ramon and Danville, from Alcosta Boulevard to north of Diablo Road. Rehabilitate pavement, upgrade guardrail, and upgrade facilities to Americans with Disabilities Act (ADA) standards.
  • $500,000 allocation for the Pavement Resurfacing Project, which will focus on applying pavement rehabilitation treatments in various streets located in the southeast area of the City of Martinez to improve the City’s overall pavement condition index and reduce on-going maintenance. Project will also include ADA curb ramp improvements, restoration of vehicle detection sensors at signalized intersections, striping restoration, and green infrastructure improvements. (Funding description and source: Locally-Administered SB 1 Local Partnership Program (LPP) (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)
  • $83,000 allocation for the Morello Avenue sidewalk gap closure in Martinez will address gaps of concrete sidewalk on the east side of Morello Avenue, south of Village Oaks Drive; and the east side of Morello Avenue, north of Arnold Drive. Improvements will also new curb and gutter, and a new ADA curb ramp at the southeast corner of Morello Avenue/Village Oaks Drive. (Funding description and source: Locally-Administered SB 1 LPP (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)

The Contra Costa projects funded are among multiple approved projects in District 4 – Bay Area / Oakland which includes Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties.

IIJA, known as the “Bipartisan Infrastructure Law,” is a once-in-a-generation investment in our nation’s infrastructure to improve the sustainability and resiliency of our energy, water, broadband and transportation systems. Since 2021, California has received more than $42 billion in IIJA funds, including more than $29 billion for transportation-related projects.

In addition, SB 1 provides $5 billion in transportation funding each year that is shared between state and local agencies. Road projects progress through construction phases more quickly based on the availability of SB 1 funds, including those partially funded by SB 1. 

See the complete list of the latest CTC-approved projects in each of the other nine Caltrans Districts in the state:

District 1 – Eureka (Del Norte, Humboldt, Lake and Mendocino counties)

District 2 – Redding (Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama and Trinity counties)

District 3 – Marysville / Sacramento (Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba counties)

District 5 – San Luis Obispo / Santa Barbara (Santa Barbara, San Luis Obispo, Monterey, San Benito and Santa Cruz counties)

District 6 – Fresno / Bakersfield (Kings, Tulare, Fresno, Madera and Kern counties)

District 7 – Los Angeles (Los Angeles and Ventura counties)

District 8 – Riverside and San Bernardino counties

District 9 – Bishop (Inyo, Kern and Mono counties)

District 10 – Stockton (Alpine, Amador, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus and Tuolumne counties)

District 11 – San Diego (San Diego and Imperial counties)

District 12 – Orange County

For more information about California transportation projects funded by IIJA and SB-1, visit RebuildingCA.ca.gov and www.build.ca.gov.

Allen D. Payton contributed to this report.

Public asked to participate in CalTrans test on DeSaulnier’s per mile “Road Charge” to replace gas tax

Sunday, May 26th, 2024
Video screenshot source: Caltrans

Due to purchase and use of hybrid and electric vehicles

Receive up to $400 in gift cards for 6-month Pilot program beginning Aug. 2024

By Allen D. Payton

Caltrans has launched a test on the proposed per mile Road Charge to possibly replace the state’s current gas tax and invites the state’s drivers to participate. The Pilot program will last six months and participants can earn up to $400 in gift cards.

With the passage of Senate Bill 1077 introduced in 2014 by then-State Senator (now-Congressman) Mark DeSaulnier, California began investigating a long-term, sustainable transportation funding mechanism as a potential replacement to the gas tax, known as a “road charge” due to the advent of hybrid and electric vehicles. As of 2022, state officials estimate that there were about 1.1 million electric cars and 1.3 million hybrids on California roads.

Source: Caltrans

Taking direction from the Legislature, California completed the largest road charge research effort to date piloting more than 5,000 vehicles that reported in excess of 37 million miles over a nine-month duration. According to the program’s report, the statistics only serve to reinforce Californians’ desire for mobility, a safe and reliable transportation system, and an improved overall quality of life. Below please find the California State Transportation Agency’s release of the California Road Charge Pilot Program final report.

History of Transportation Funding

According to the Road Charge Pilot Program Summary Report, Nearly all of the 350 billion miles driven each year on California’s highways and roads are  powered by gasoline or diesel fueled vehicles. Historically, the taxes on those fuels provided the majority of the revenue required to maintain and operate our transportation network. As future consumption of gasoline and diesel fuel declines, due to increased fleet efficiency, California will be challenged to sustain its $2.5 trillion economy. Continuing to depend on a consumption-based transportation model, while at the same time adopting policies to increase vehicle fuel efficiency and promote the reduction of vehicle miles traveled, puts into question the long-term viability of the gas tax as a sustainable revenue model.

Source: Caltrans

Historically, transportation funding has been impacted by two main factors: inflation and vehicle fuel efficiency. Until this year, with the passage of the Road Repair and Accountability Act of 2017 (Senate Bill 1), the state gas tax had not been adjusted for inflation since 1994, which significantly reduced its purchasing power. Senate Bill 1 adjusted fuel rates for past inflation and includes future inflation adjustments: hence, solving the inflation issue and delaying the expected transportation funding shortage by a decade or more. However, the impact of improving vehicle fuel efficiency remains an issue, especially as new vehicles sold in the coming decades are expected to be much more fuel efficient.

The report claims, “Without Senate Bill 1’s inflation adjustments, the transportation funding shortfall would be quickly approaching. The new Senate Bill 1 revenues, as illustrated in Figure 1, stabilize the state’s short-term transportation infrastructure funding needs and provides time to explore alternatives to continued reliance on fuel taxes.”

Source: Caltrans

How Transportation Funding Works

Currently, it costs approximately $8.5 billion annually to maintain California’s roads.

  • Approximately 80% of highway and road repairs are funded by a tax on gasoline charged at the pump when you buy gas. The more gas you buy, the more you pay in gas taxes and the more you contribute to highway and road repairs.
  • On average, Californians pay about $300 a year in state gas taxes.
  • Various state fees also support transportation. Trucks pay weight fees and zero-emission vehicle owners pay $118 each year, and all vehicle owners pay a transportation improvement fee.
  • Some counties also charge a local sales tax to further invest in road and transit needs or have tolls on bridges or certain highways.
  • The public may also pass state bonds to invest in additional transportation needs.

What is Road Charge?

California relies on gas tax and other fuel tax revenues to fund its roadway maintenance and repairs. But as cars get more fuel efficient or use other energy sources, such as electricity and hydrogen, the gas tax will no longer fund the infrastructure California needs. California is researching a potential gas tax replacement that’s both sustainable and equitable: road charge. A road charge is a “user pays” system where all drivers pay to maintain the roads based on how much they drive, rather than how much gas they purchase. Under a road charge, all drivers share roadway maintenance and repair costs based on what they actually use. (https://dot.ca.gov/programs/road-charge)

  • California could replace the gas tax with a mileage-based user fee charged to drivers who use the roads. The more you drive, the more you pay for highway and road repairs. The less you drive, the less you pay.
  • Everyone would pay their fair share for road repairs based on how much they drive, not the kind of car they own.
  • California is working to develop a road charge program that is fair, transparent, and sustainable so that it meets our road maintenance needs now and in the future.

Most States Pursuing Vehicle Miles Traveled Taxes

According to the Tax Foundation, most states are taking steps toward a vehicle miles traveled (VMT) tax. “Oregon was the first state to begin research into VMT taxes in 2001 and was the first to implement a program in 2015. Four states now have active programs for passenger vehicles and four other states have active programs targeting heavy commercial vehicles (Oregon has both), with pilot programs carried out in 16 states. Only Hawaii has a mandatory program, which requires EVs to participate by 2028 and all light vehicles by 2033.”

Video screenshot source: Caltrans

Calculator Compares Road Charge vs. State Fuel Tax Costs

The “Road Charge” vs. gas tax calculator for a sample cost comparison of paying the current gas tax of $0.579 per gallon as of July 1, 2023, versus a per mile road charge offers options of $0.02, $0.03 and $0.04. At two cents per mile the Total Monthly Road Charge would be less than the Total Monthly State Fuel Tax for a gas-powered vehicle. But at three cents per mile, the monthly cost of the Road Charge would be greater than the current fuel tax.

For a 2024 Chevrolet Equinox EV driven an average of 1,000 miles per month the Road Charge annual costs would be $240 at two cents, $360 at three cents and $480 at four cents per mile versus the current $118 annual fee. The calculator “Does not include any federal or local taxes” and shows, “Rates are hypothetical and would be set by the California Legislature.”

Video screenshot source: Caltrans

Participate in 2024 Road Charge Collection Pilot

The Road Charge policy idea is still being explored and developed. The public’s input and ideas can help inform what the best way might be to implement a program in California. Drivers are asked to participate in the 2024 Road Charge Collection Pilot and earn up to $400!

  • Receive up to $400* in gift cards
  • Participate for 6 months; Aug 2024 – Jan 2025
  • Pay road charges each month
  • Gas tax refunded end of pilot
  • Take 2 surveys to tell us about your pilot experience

*Complete all required activities throughout the Pilot and earn up to $400: $100 distributed in September 2024 and up to $300 will be distributed in February 2025.

To learn more and participate in the pilot program visit https://caroadcharge.com/engage/contact-us-pilot/, call (916) 619-6283 toll-free or email info@caroadcharge.com.

Contra Costa Fair Board president says “two temporary staffers” robbed of “a little under $100,000” during bank deposit

Thursday, May 23rd, 2024
Photos of the 2024 Contra Costa County Fair by Allen D. Payton. See more photos on the @antiochheraldca Facebook page.

“Not any business, including any business I worked for would take a deposit at night” – Craig Cannon, Contra Costa County Fair Board President

Shares more details, says policies and procedures will be discussed at next Board meeting June 12

Positive Fair news: Mexican rodeo group working to bring Hispanic-themed events to former arena

By Allen D. Payton

Following the armed robbery of proceeds from the Contra Costa County Fair during an attempted bank deposit early Monday morning, May 20, 2024, after the end of this year’s fair Sunday night, on Thursday, Fair Board President Craig Cannon shared additional details about the incident. (See related article)

Asked to confirm the amount of $90,000 that was stolen he said, “I got it as a little under $100,000. I got that from the police. (Fair CEO) Joe Brengle’s not even talking to me.”

However, according to another board member, John Pence, Brengle sent out an email Wednesday night to him and the other board members about the matter. Cannon said he hadn’t seen it.

“Not any business, including any business I worked for would take a deposit at night,” Cannon continued. “It’s unusual. It’s one of the things I want to get the board together to talk about. Why would you make such a poor decision? The only one who has a deposit key is the fair manager.”

“A lot of information is not being shared when it’s supposed to be,” he stated. “It all boils down to the fair manager. He handles the overall money receipts, personnel, hiring and firing. But Joe works for the board. We hire and fire him.”

Asked if insurance will cover any of the loss, Cannon said, “I don’t believe so because it wasn’t during Fair hours or on property and it wasn’t in the bank. There’s a really thin line, there.”

Asked why the people depositing the funds weren’t joined by armed escorts by either the contracted security firm or county sheriff’s deputies, he responded, “That’s the question I’m trying to find out. But he’s (Brengle’s) not being forthright. That’s what we will discuss at the next board meeting. I’ve talked to the State of California, and they said I can’t have an emergency meeting. In my eyes, almost a hundred grand is a major crime against us.”

About the security firm, Praetorian and this year’s Fair, Cannon said, “They were great. This year’s fair was a good one and safe.”

He then reiterated what was shared with other media, that the loss of that amount of money could impact the fair’s music headliners and animal attractions for next year.

“This whole thing stinks,” he stated.

Two Temporary Staffers Handled Deposit

Asked who handled the deposit Cannon said, “Two temporary staffers hired by the Fair, this year in charge of parking and ticket sales. That’s another red flag. Something’s really wrong. Joe seems like a sensible guy. I don’t know why he would make that decision.”

Asked why the money wasn’t left in a safe on the fairgrounds and deposited during daylight, he said, “That’s a decision for the fair manager” and shared that the Fair, technically state’s 23rd District Agricultural Association, currently only has two full-time employees, Brengle and an administrative assistant who works in the office with him.

Since it’s the public’s money Cannon said, “That’s my concern. I also suggested the state bring in the CHP which oversees county fairs in the state. They delegate the authority to the county sheriff’s office.”

“I don’t work for the state,” he explained. “I’m appointed by the governor. Not this governor, the past one. The appointments are renewed. We can barely have a meeting quorum. If someone is sick, we can’t hold a meeting. The governor’s busy with the budget.”

Asked why the funds weren’t taken to the bank by the fair manager and a board member for a check and balance and if there is a procedure in place Cannon stated, “There will be. The Fair Board is all about policies and procedures. The manual is about 50 pages. But we don’t handle the day-to-day. Taking funds to the bank during daylight hours should be the policy.”

“He (Brengle) hasn’t been forthcoming to anyone on the board about this,” the fair board president reiterated. “This is crazy. It makes no sense at all.”

One positive thing Cannon shared is that a Mexican rodeo group is working to bring Hispanic-themed events to the former arena that was used as the paintball park.

The next board meeting, which is open to the public, will be held Wednesday, June 12 at 7:00 p.m. in the Fair Board Directors’ Room at the Contra Costa Event Center (fairgrounds) located at 1201 W. 10th Street in Antioch.

Armed robbery of Contra Costa County Fair funds during bank deposit

Wednesday, May 22nd, 2024

Possibly $90,000, police seek public’s help

By Acting Sergeant Kristian Palma #6286 Antioch Police Department Investigations Bureau

On Monday, May 20, 2024, at approximately 2:18 AM, Antioch police officers responded to the 2500 block of Somersville Road for the report of an armed robbery.

When officers arrived, they contacted two victims. Officers learned the victims were employees of the Contra Costa County Event Park (Fairgrounds). The Contra Costa County Fair had ended, and two employees were tasked with conducting the night deposit. While conducting the night deposit at the BMO Bank they were approached by an unknown suspect. The suspect robbed the victims of the money and personal belongings at gunpoint.

Other news reports have pegged the amount stolen at $90,000. When asked, a county fair representative offered no comment but didn’t know how that amount was known by other media. Questions were emailed late Wednesday night to Fair CEO Joe Brengle asking if that’s correct, why the deposit was made at that time instead of leaving it in a safe on the fairgrounds and waiting until Monday morning to make the deposit, what is the usual procedure and for any additional information he could share.

We are asking for anyone with information regarding the incident to contact the Antioch Police Department Investigations Bureau. Additional inquiries or information can be directed to Antioch Police Detective Sgt. Palma at (925) 779-6876 or by emailing kpalma@antiochca.gov.

Additional questions were emailed to Brengle Thursday afternoon including:

“Shouldn’t the deposit of such an amount be made with an armed escort, such as staff from the security company, Praetorian hired by the Fair this year or county sheriff’s deputies? Does the Fair have policies and procedures in place for handling deposits? Were they followed? What are they? What amount does the $90,000 (or more) represent of the Fair’s proceeds? Will the Fair’s insurance cover any or all of the loss? What impacts will it have for the Fair’s future?”

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

Rev Up Safety: May is Motorcycle Awareness Month

Monday, May 20th, 2024
Antioch Police Sgt. Rob Green shows his motorcycle skills during the Antioch July 4th parade in 2023. Photo by Allen D. Payton, Antioch Herald

Sgt. Rob Green returns to Antioch PD’s Traffic Bureau

Antioch, Calif. — During Motorcycle Safety Awareness Month in May, Antioch Police Department would like to remind drivers to always look twice for motorcycles. By practicing safe driving habits and taking shared responsibility on our roads, we can help everyone arrive at their destination safely.

“Motorcycles may be difficult to spot, so be extra careful before changing lanes,” Sergeant Rob Green said. “A simple double take could mean the difference between a safe journey and a tragic crash. Motorcycle riders do not have the same protections drivers and passengers do. Let’s all do our part to keep each other safe out there.”

According to National Highway Traffic Safety Administration data, there were 6,218 motorcyclists killed in traffic crashes in 2022. Motorcyclists were about 22 times more likely than passenger car occupants to die in a motor vehicle crash and four times more likely to be injured.

To help protect you and your family, keep the following tips in mind while driving or riding:

Drivers

  • Always check mirrors and blind spots before changing lanes.
  • Do not follow a motorcycle too closely. Always keep a safe distance.

Motorcyclists

Lastly, both drivers and riders should never drive/ride distracted or under the influence of alcohol and/or drugs.

Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

In addition, Antioch Police announced the following on their Facebook page on Sunday, May 19, 2024: “We have an exciting update to share! The Antioch Police Department is bringing back our Traffic Unit. Keeping our roadways safe for our residents is a top priority. Sgt. Rob Green is back in our Traffic Bureau. Officers assigned to the Traffic Unit have specialized training in major collision investigations, DUI investigations, and accident reconstruction. The primary goal of the Traffic Unit is to reduce the number of accidents and to encourage traffic safety on our city streets and in our neighborhoods.”

Allen D. Payton contributed to this report.

State Controller responds to Newsom’s May Budget Revision, issues April Cash Report

Friday, May 10th, 2024

“…contains challenging financial choices for the Governor and the Legislature…”- Malia Cohen

Fiscal year-to-date revenues still trend below expectations

SACRAMENTO — California State Controller Malia M. Cohen today, Friday, May 10, 2024, issued the following statement in response to Governor Gavin Newsom’s May budget revision:

“This morning, Governor Newsom released the May Revision to his proposed 2024-25 State Budget. The blueprint to address the remaining shortfall contains challenging financial choices for the Governor and the Legislature to maintain the state’s commitment to protecting essential programs and services and continuing critical investments in the state’s future.”

“As the state’s chief fiscal officer, it is my job to ensure the state has sufficient cash to pay our bills and to make certain that expenditures are transparent, accountable, and align with their intended purpose and expected outcomes. My office stands ready to assist both the Governor and the Legislature as they make their final push to finalize and approve the 2024-25 budget.”

In addition, Cohen today released her monthly cash report covering the state’s General Fund revenues, disbursements and actual cash balance for the fiscal year through April 30, 2024. The state ended April with $95.8 billion in unused borrowable resources, while fiscal year-to-date receipts continue below estimates contained in the 2024-25 Governor’s proposed budget.

The Governor’s Budget estimated that the state would collect nearly $16.3 billion in personal income taxes in April. As shown on the State Controller’s Office April 2024 Personal Income Tax Tracker webpage, the state exceeded the revenue target by approximately $150 million.

“With April personal income tax revenues just tracking with the most recent budget estimates, fiscal year-to-date revenues continue at lower-than-expected levels,” said Controller Cohen. “The high level of borrowable resources is due in large part to the $26 billion the state has prudently built up and reserved for rainy days and economic uncertainties. Maintaining enough cash to cushion against economic downturns has been one of California’s strengths in its credit ratings, and ensures the state will continue to meet its payment obligations.”

Fiscal year-to-date receipts through April were $169.8 billion, nearly $4.8 billion below the Governor’s Budget estimates, or 2.7 percent. The state’s cash position is $7.6 billion better than expected with disbursements of $184.9 billion for the fiscal year nearly $12.4 billion, or 6.3 percent, less than proposed budget projections.

As the chief fiscal officer of California, Controller Cohen is responsible for accountability and disbursement of the state’s financial resources. The Controller has independent auditing authority over government agencies that spend state funds. She is a member of numerous financing authorities, and fiscal and financial oversight entities including the Franchise Tax Board. She also serves on the boards for the nation’s two largest public pension funds. Follow the Controller on Twitter at @CAController and on Facebook at California State Controller’s Office.

California colleges agree on how to interpret in-state tuition law for illegal immigrant students

Wednesday, May 8th, 2024
Students between classes at California Polytechnic State University, San Luis Obispo. Credit: Ashley Bolter / EdSource

Some have been exempt from paying out-of-state tuition since 2001

By Zaidee Stavely, EdSourceRepublished with permission

More than 20 years ago, California passed a law allowing some undocumented immigrant students to attend college with in-state tuition, if they meet certain requirements.

But immigrant rights advocates say many students who should have been eligible have been wrongfully denied in-state tuition because of confusion over requirements, misinformation and different interpretations of the law at different college campuses.

“We lose that incredible brain power and colleges are losing enrollment,” said Nancy Jodaitis, director of higher education for Immigrants Rising, a nonprofit organization that advocates for undocumented people to achieve educational and career goals.

Immigrants Rising brought together officials from all three public college systems — California Community Colleges, California State University and University of California — to discuss and agree on answers to frequently-asked questions about the law.

Source: Immigrants Rising

The result is a document called the Systemwide AB 540 FAQ, which all three systems have now signed. The document includes answers to 59 questions, such as:

  • What if a student graduated from a California high school (completing three years’ worth of high school credits), but did not attend three years at a California high school?
  • Does a student have to take classes full time for their attendance to count?
  • Does all their coursework have to be taken at the same school?

Spokespeople from UC, CSU and California Community Colleges all celebrated the document.

Paul Feist, vice chancellor of communications and marketing for the California Community Colleges Chancellor’s Office, said the document is particularly important because there are several different laws regarding the nonresident tuition exemption.

The first bill exempting some undocumented immigrants from out-of-state tuition, Assembly Bill 540, was signed into law in 2001. Since then, three other bills have been passed to expand the law, in 2014, 2017 and 2022.

“While the intent was to expand access to AB 540 financial assistance, they had the unintended effect of making it more difficult to navigate,” Feist said. “This FAQ is designed to provide clearer explanations and provide additional resources in advising students.”

Under current California law, students who are undocumented or have temporary protection from deportation such as Deferred Action for Childhood Arrivals (DACA), or who are U.S. citizens or permanent residents, are eligible for in-state tuition and state financial aid, if they attended at least three years of high school, adult school or community college in California and obtained a high school diploma or equivalent, an associate degree or fulfilled the minimum requirements to transfer to a UC or CSU. 

Access to state financial aid and in-state tuition can be a critical factor for undocumented students, who are barred from receiving federal financial aid. Without the law in place, some of them would be charged tuition rates for international students, often much higher than in-state tuition.

“This is huge,” said Maria Gutierrez, a college counselor at Chabot College in Hayward and a doctoral student at San Francisco State University. “It helps us be aligned and have something in writing.”  Before the FAQ document, Gutierrez says college staff in charge of approving exemptions from out-of-state tuition were sometimes afraid to make decisions without written proof of how to interpret the law.

Gutierrez herself has benefited from AB 540. She came to the U.S. when she was 5 years old on a visa, which later expired. She attended elementary, middle and most of high school in California. She also graduated from high school in California. But when she applied to attend community college in California, different campuses disagreed on whether she was eligible for in-state tuition because she had spent two years of high school in Utah. At the time, a second law had recently been passed to allow colleges to consider years of attendance in elementary and middle school for AB 540 eligibility.

“One college that I went to in So Cal, I was approved for AB 540. When I had to go back to the Bay Area, I was not approved for AB 540. So then I was confused that there was this inconsistency,” Gutierrez said.

A few years later, when she applied to transfer to a four-year college, both UC and CSU campuses told her she was not eligible for in-state tuition, even though by then, a law had passed that clarified that attendance at community college could be counted toward the requirements. She spent a semester paying out-of-state tuition at San Jose State University, before the university finally acknowledged she was legally eligible for in-state tuition. 

As a college counselor, Gutierrez continues to meet students who have been incorrectly told they are not eligible for in-state tuition.

“It’s crazy because in reality it hasn’t changed much,” she said. However, she said, the financial burden is harder now, because most students graduating from high school cannot apply for work permits under DACA, because the government has not accepted new applications since 2017. 

“I see my students now and I see the struggles they’re going through. If I didn’t have DACA, I honestly don’t think I would be where I am now,” Gutierrez said. “There’s no way that I would’ve been able to pay nonresident fees or wait for whoever it is that is determining that to learn what they need to do for me to be able to go to college.”

Advocates say they hope the document will help colleges give correct information and avoid students having to research on their own for information.

California also recently streamlined the process for undocumented students to apply for financial aid and exemption from in-state tuition on the same application when they fill out the California Dream Act application. In the past, students had to both fill out a California Dream Act application and an AB 540 affidavit form for each college. Now, the AB 540 form will be part of the same application.

Diana Aguilar-Cruz said that change is significant. Aguilar-Cruz is currently pursuing a master’s degree in public health at Cal State Fullerton. When she first began her undergraduate education at Cal Poly Pomona, she was charged nonresident tuition, which was almost double the in-state tuition. She had immigrated to the U.S. from Mexico City in 2015, when she was 14 years old, and lived with her grandmother in Baldwin Park while attending high school. 

She had completed a California Dream Act application, but no one told her she also had to complete a separate form. After researching it herself online, she found the form and completed it, at which point the university finally changed her tuition to in-state.

“If I didn’t find it in my Google search, would I be paying in-state tuition for my four years of college?” Aguilar-Cruz said. “I always think to myself, what would have happened if I was a more fearful student or a student who did not have a strong support system at home?”

According to the Renewing the Dream page on the California Student Aid Commission’s website, “In 2021-22,  only 29% to 30% of undocumented college students who applied for financial aid through the California Dream Act Application (CADAA) ultimately enrolled in school. Moreover, only 14% of California’s estimated undocumented student population in postsecondary education ultimately received state financial aid.”

Allen D Payton contributed to this report.

State Senator Glazer to honor first and only CA Supreme Court Chief Justice to be voted out of office

Monday, May 6th, 2024
Former California Supreme Court Chief Justice Rose Bird (Photo: CSCHS) and Senator Steve Glazer. (Official photo)

For reversing death sentences; plaques to be unveiled for Rose Bird at new plaza named for her in Capitol World Peace Rose Garden during Tuesday ceremony

Glazer was her spokesman during her failed 1986 retention campaign

SACRAMENTO – Former California Supreme Court Chief Justice Rose Elizabeth Bird will be recognized Tuesday, May 7, for her trailblazing work as a jurist – the first such public dedication in California.

Current Chief Justice of the California Supreme Court, Patricia Guerrero, and retired Chief Justice Tani Cantil-Sakauye, will lead the 10 a.m. unveiling of two plaques at the new Chief Justice Rose Elizabeth Bird Justice For All Plaza at the State Capitol World Peace Rose Garden 25 years after her death in 1999.

Speakers will also include Stephen Buehl, former Justice Bird’s chief of staff, Senator Nancy Skinner, D-Berkeley, the chair of the California Legislative Women’s Caucus, and Kathryn Meola, president of the Women Lawyers of Sacramento.

“Honoring Chief Justice Rose Elizabeth Bird is long overdue,” said Senator Steve Glazer, D-Contra Costa, who authored a resolution, SCR 47 (2023) to create her place of honor in the Capitol Rose Garden. Senator Glazer was Bird’s spokesman during her retention campaign in 1986. “We now have the benefit of time in recognizing her courage and integrity in upholding the Constitution and rule of law – especially in protecting the poor and oppressed.”

Justice Bird was the first woman Chief Justice of California; the first woman Chair of the Judicial Council; the first woman on a California Governor’s Cabinet and the first woman deputy public defender in Santa Clara County. She served as the Chief Justice under Governor Jerry Brown from 1977-1986.

She was also the first and only chief justice in state history to be voted out of office. Bird and three other justices voted to reverse murderers’ sentences, and she, two of her colleagues, Reynoso and Grodin, were subsequently voted off the state supreme court. Bird was overwhelmingly removed in the November 4, 1986, election by a margin of 67% to 33%.

What: The Unveiling of the Chief Justice Rose Elizabeth Bird Justice For All Plaza

When: May 7, 2024, 10 a.m.

Where: State Capitol World Peace Rose Garden

Speakers: Senator Steve Glazer; Patricia Guerrero, Chief Justice of California; Tani Cantil-Sakauye, retired Chief Justice of California; Stephen Buehl, chief of staff to Chief Justice Rose  Bird, Senator Nancy Skinner, D-Berkeley, the chair of the California Legislative Women’s Caucus, and Kathryn Meola, president of the Women Lawyers of Sacramento.

Livestream: https://www.youtube.com/watch?v=yaE6NUxkuv0

https://sd07.senate.ca.gov/video/honoring-chief-justice-rose-elizabeth-bird

Allen D. Payton contributed to this report