BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 57
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          Date of Hearing:  April 6, 2011

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                    AB 57 (Beall) - As Amended:  February 2, 2011
           
          SUBJECT  :  Metropolitan Transportation Commission.

           SUMMARY  :  Revises the membership and appointments of the 
          Metropolitan Transportation Commission.  Specifically,  this 
          bill  :  

          1)Increases, from 19 to 21, the number of members on 
            Metropolitan Transportation Commission (MTC) by giving one 
            additional seat each to the Counties of Alameda and Santa 
            Clara.

          2)Requires that the new members on MTC representing the Counties 
            of Alameda and Santa Clara be either the mayors of the Cities 
            of Oakland and San Jose or an appointee of the mayors from 
            their respective city councils.

          3)Prohibits, effective with the membership term starting 
            February 2015, more than three members of MTC from being 
            residents of the same county.

          4)Requires the initial terms of the commissioners appointed, 
            including self-appointments by the mayors of the Cities of 
            Oakland and San Jose to terminate in February 2015.

          5)States that no reimbursement is necessary because the only 
            costs incurred by a local agency or school district are the 
            result of a program for which legislative authority was 
            requested by that local agency or school district.

           EXISTING LAW  :

          1)Establishes MTC as a regional agency in the nine-county San 
            Francisco Bay Area with comprehensive regional transportation 
            planning and other related responsibilities.
                 
          2)Requires the membership of MTC to consist of 19 members, as 
            follows: 

             a)   Two members each from the Counties of Alameda, Santa 








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               Clara, Contra Costa, San Francisco, and San Mateo; 

             b)   One member each from the Counties of Marin, Napa, 
               Solano, and Sonoma; 

             c)   One representative each appointed by the Association of 
               Bay Area Governments (ABAG) and the San Francisco Bay 
               Conservation and Development Commission (BCDC); and,

             d)   Three nonvoting members appointed separately by the 
               Secretary of the Business, Transportation and Housing 
               Agency, the Federal Transportation Department, and the 
               Housing and Urban Development Departments.

          3)Establishes a four-year term of office for members of MTC.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)This bill expands the membership of MTC to include two 
            additional members representing Alameda and Santa Clara 
            Counties.  The author indicates that the intent of the bill is 
            to adjust the composition of MTC's governing board in order to 
            make it more reflective of the current population distribution 
            in the region.

            MTC was established by legislative statute in 1970, at which 
            point the five southern counties were closer in population.  
            The author argues that because the Counties of Alameda and 
            Santa Clara are significantly more populous than the other 
            three counties, the membership should be updated to be 
            reflective of this population shift.  MTC notes that the 
            membership composition has not changed since its creation in 
            1970.

            Additionally, the bill limits the representation of MTC voting 
            members to no more than three who reside in the same county.  
            Because the bill increases the number of seats in both Alameda 
            and Santa Clara Counties to three, this effectively means that 
            MTC representatives from ABAG and BCDC could not come from 
            either Alameda or Santa Clara.

          2)At its January 26, 2011 meeting, MTC approved the proposal to 
            increase the representation by the Counties of Alameda and 








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            Santa Clara on the MTC Board.  The San Francisco 
            representative and the two Contra Costa representatives voted 
            against the resolution.

          3)This is not the first attempt to revise MTC's membership.  AB 
            2741 (Salinas, 2004), a similar bill to expand the MTC 
            membership to include the mayors of Oakland and San Jose, was 
            double-referred to the both the Assembly Transportation 
            Committee and the Local Government Committee.  AB 2741 passed 
            out of the Transportation Committee, but was never heard in 
            the Local Government Committee.

            AB 2908 (Wolk, 2004), a bill that would have similarly revised 
            the membership of MTC, was referred to both the Transportation 
            and Local Government Committees, but was never heard by either 
            committee.

          4)The Committee may wish to ask the author and sponsor about the 
            process used to reach consensus on the proposed changes to 
            MTC's membership, and if there are additional opportunities 
            that can be used to create support from all interested 
            stakeholders.  The Committee has heard other bills that revise 
            membership, and has generally supported those bills that have 
            brought forward a membership change that is met with 
            consensus.  Without that, this bill creates winners and losers 
            on what is essentially a district-specific issue.

          5)This bill was heard in the Transportation Committee on March 
            21, 2011, and passed on a 
          13-0 vote.



          6)Support argument: Supporters argue that MTC's current 
            composition is not reflective of the population changes that 
            have occurred since MTC's establishment.  Because MTC is 
            working to implement the requirements of SB 375 (Steinberg), 
            Chapter 728, Statutes of 2008, MTC and other supporters argue 
            the need to focus on development within the existing urban 
            core, especially the population centers of Oakland and San 
            Jose because of the leading role they will play in the Bay 
            Area's efforts to comply with the state's greenhouse gas 
            reduction requirements.

            Opposition argument: The San Francisco County Transportation 








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            Authority (Authority) argues that since its inception, 
            representation on MTC has not been proportional to population, 
            and believes that the bill will dilute the voting 
            representation of the other counties.  Additionally, the 
            Authority believes that the bill and resulting dynamic may 
            have the potential to destabilize the consensus dynamics that 
            have been involved since MTC's inception, at a time when 
            implementation of SB 375 is critical.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Metropolitan Transportation Commission ÝSPONSOR]
          Alameda County Transportation Commission
          American Federation of State, County and Municipal Employees 
          (AFSCME)
          City of San Jose
          Contra Costa Transportation Authority
          Counties of Napa and Santa Clara
          Jean Quan, Mayor, City of Oakland
          Santa Clara Chamber of Commerce and Convention Visitors Bureau
          Santa Clara Valley Transportation Authority
          Silicon Valley Leadership Group

           Opposition 
           
          San Francisco County Transportation Authority
           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916) 
          319-3958