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(a) All monies collected under the Traffic Congestion Mitigation Tax Ordinance shall be deposited to the credit of the Traffic Congestion Mitigation Fund, established in Administrative Code Section 10.100-345. The Fund shall be maintained separate and apart from all other City funds and shall be subject to appropriation. Any balance remaining in the Fund at the close of any fiscal year shall be deemed to have been provided for a special purpose within the meaning of Charter Section 9.113(a) and shall be carried forward and accumulated in the Fund for the purposes described in Section 3208(b)(3), below.
(b) Subject to the budgetary and fiscal provisions of the Charter, monies in the Traffic Congestion Mitigation Fund shall be appropriated on an annual or supplemental basis and used exclusively for the following purposes:
(1) Up to 2% of the proceeds of the Traffic Congestion Mitigation Tax distributed in any proportion to the Tax Collector and other City departments, for administration of the Traffic Congestion Mitigation Tax and administration of the Traffic Congestion Mitigation Fund.
(2) Refunds of any overpayments of the Traffic Congestion Mitigation Tax, including any related penalties, interests, and fees.
(3) All remaining amounts for the following purposes, in the following percentages, which amounts shall include the costs of administering the programs described.
(A) 50% to the Municipal Transportation Agency, or any successor agency, for Muni transit service and affordability, system reliability and capacity, and keeping transit infrastructure in a state of good repair, to be used exclusively for the following purposes:
(i) Improving bus and rail service frequency and reliability.
(ii) Maintaining and expanding Muni fleet and facilities.
(iii) Improving access, including stations, escalators, and elevators.
(iv) Improving reliability through fixing and/or replacing rails, overhead wires, associated fixed guideway infrastructure, and traffic signals.
(B) 50% to the San Francisco County Transportation Authority, or any successor body, for planning, design studies, and/or capital improvements that promote users’ safety in the public right-of-way, to be used exclusively for the following purposes:
(i) Pedestrian and bicycle safety infrastructure, including civil and signal improvements, mid-block crossings, and bike boxes.
(ii) Physical protection of bicycle facilities from motorized traffic, including bicycle lanes within street rights-of-way.
(iii) Traffic calming.
(iv) Traffic signal and traffic signal timing improvements.
(v) Maintenance of existing safety infrastructure.
(c) All amounts allocated to the Municipal Transportation Agency under Section 3208(b)(3)(A) shall be credited to the Municipal Transportation Fund as described in Section 8A.105 of Article VIIIA of the Charter.
(d) Commencing with a report filed no later than February 15, 2022, covering the fiscal year ending on June 30, 2021, the Controller shall file annually with the Board of Supervisors, by February 15 of each year, a report containing the amount of monies collected in and expended from the Traffic Congestion Mitigation Fund during the prior fiscal year, the status of any project authorized to be funded by this Section 3208, and such other information as the Controller, in the Controller’s sole discretion, deems relevant to the operation of this Article 32.
(Added by Proposition D, 11/5/2019, Eff. 12/20/2019, Oper. 1/1/2020)