BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 57
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  Beall
                                                         VERSION: 
          3/12/2012
          Analysis by:  Art Bauer                        FISCAL:  Yes
          Hearing date:  June 12, 2012

          SUBJECT:

          Metropolitan Transportation Commission

          DESCRIPTION:

          This bill increases the membership of the Metropolitan 
          Transportation Commission (MTC) from 19 to 21 members.

          ANALYSIS:

          MTC serves as both the regional transportation planning agency, 
          a state designation, and as the metropolitan planning 
          organization (MPO), a federal designation for the nine-county 
          San Francisco Bay Area.  The Bay Area counties include Alameda, 
          Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa 
          Clara, Solano, and Sonoma.  When created in 1970, MTC was the 
          first statutorily-created transportation planning agency in 
          California. 

          MTC is responsible for preparing the regional transportation 
          plan, a comprehensive long range planning document that 
          establishes planning and funding goals for the development of 
          mass transit, highway, airport, seaport, railroad, bicycle, and 
          pedestrian facilities.  Other responsibilities include 
          prioritizing regional transportation investments, distributing 
          certain state and federal transportation funds to local 
          agencies, and reviewing local projects to determine their 
          compatibility with the regional transportation plan.  Changes 
          over the years in state and federal laws have strengthened the 
          roles of regional transportation planning agencies and MPOs, and 
          have given MTC an increasingly important role in financing Bay 
          Area transportation improvements.  More recently, SB 375 
          (Steinberg) assigns the leadership to MTC for the integration of 
          land use and transportation planning through the preparation of 
          a sustainable communities strategy as part of the regional 
          transportation plan.

          Existing law establishes a 19-person governing board, 16 of whom 




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          are voting members.  The appointing authorities of the voting 
          members are as follows: 

          1.Two members from the City and County of San Francisco, with 
            one member appointed by the mayor and one member appointed by 
            the board of supervisors. 

          2.Eight members, two each from the counties of Alameda, Contra 
            Costa, San Mateo, and Santa Clara.  The city selection 
            committee in each county selects one member and the board of 
            supervisors select one member. 

          3.Four members, one each from the counties of Marin, Napa, 
            Solano, and Sonoma.  The city selection committees of each 
            county nominate three persons whose names are forwarded to 
            their respective boards of supervisors.  Each board then 
            selects a city-county representative from its county. 

          4.One member appointed by the Association of Bay Area 
            Governments (ABAG).

          5.One member appointed by the Bay Conservation and Development 
            Commission (BCDC).

          Three non-voting members are appointed as follows:

          1.  One member appointed by the California Secretary of 
          Business, Transportation & Housing.

          2.  One member appointed by the United States Secretary of 
          Transportation.

          3.  One member appointed by the United State Secretary of 
          Housing & Urban Development.

           This bill  :

          1.Increases the membership of MTC to 21 by adding two new voting 
            members, the Mayor of Oakland and the Mayor of San Jose.  The 
            mayors may serve or may appoint a member of their respective 
            city councils. 

          2.Requires that the BCDC appoint a member, provided that member 
            shall be a resident of the City of San Francisco and shall be 
            approved by the Mayor of San Francisco.





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          3.Provides that no more than three members of MTC's governing 
            board may be residents of the same county.  

          4.Sets the initial term for new commissioners appointed by the 
            mayors of Oakland and San Jose to end in February 2015.


          COMMENTS:

          1.    Purpose  .  According to the bill's author, the reasons for 
            giving seats to the cities of San Jose and Oakland include the 
            following:

                     They are among the largest Bay Area cities in terms 
                 of both population and households. 

                     They will each play a leading role in the Bay Area's 
                 efforts to comply with the state's greenhouse gas 
                 reduction requirements. 

                     Their combined total of 1.2 million workers 
                 represents 1/3 of the entire Bay Area workforce. 

                     Oakland and San Jose have a combined total of 
                 183,000 daily transit commuters, which represents more 
                 than 50 percent of all transit commuters in the Bay Area 
                 as a whole. 

            In the case of adding a third representative for San 
            Francisco, the bill codifies BCDC's informal practice of 
            appointing a resident of San Francisco to MTC. 



            The bill's sponsor, MTC, argues that a change in the 
            representation structure is needed to implement the 
            requirements of SB 375 (Steinberg), which seek to focus new 
            development within the existing urban core and near public 
            transit stations.  To achieve this goal, MTC writes that "a 
            strong partnership with the cities of San Francisco, Oakland, 
            and San Jose is essential."  In light of this need, MTC 
            argues, "The time has come to modify the Commission's 
            structure so that it ensures representation for the Bay Area's 
            three largest cities."

          2.    History of MTC appointment  .  MTC's existing arrangement for 




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            selecting board members seeks to balance population and 
            jurisdictional representation between the five large counties 
            and the four small ones.  To meet this goal, the larger 
            counties--Alameda, Contra Costa, San Mateo, and Santa 
            Clara--are assigned two members, one representing the board of 
            supervisors and one selected by a city selection committee.  
            When formed in 1970, San Francisco's representation on MTC 
            presented a unique problem because it was a consolidated city 
            and county, it was the region's third most populous county, 
            and its most populous city in the region.  To resolve the 
            issue of representation for San Francisco, the legislation 
            creating MTC gave both the mayor and the board of supervisors 
            appointments.  In remaining smaller counties--Marin, Napa, 
            Solano, and Sonoma--to balance city and county representation, 
            the cities nominate slates for an appointment to MTC and the 
            boards of supervisors select an appointee from the slate.  The 
            representation scheme balanced large and small jurisdictions. 

          3.    MTC and the management of regional transportation planning  . 
             Among MTC's important activities is to manage the flow of 
            transportation revenue among the Bay Area's cities, counties, 
            and transit agencies.  Through the regional planning process, 
            MTC establishes policies and priorities that govern the 
            expenditure of transportation funds.  MTC also coordinates 
            funding for transportation projects between local governments, 
            transit districts, and the State Department of Transportation 
            (Caltrans).  Because of MTC's success at managing the linkage 
            between transportation planning, policy making, and funding, 
            it is recognized as among the most effective regional planning 
            agencies in the country and the benchmark of excellence among 
            similar agencies.  MTC achieved this reputation through 
            collaboration and consensus building.  Contentious votes are a 
            rarity at its meetings. 

            After legislation to merge the two agencies failed in 2002, 
            MTC and ABAG established a process to improve inter-agency 
            collaboration with the formation of the Joint Policy Committee 
            (JPC).  According to a report of a joint MTC-ABAG task force, 
            the purpose of the JPC is "to advance integrated regional 
            planning and.  .  .to comment on and review any substantial 
            regional plans or strategies that are devised by either 
            agency.  .  ."  In 2004, SB 849 (Torlakson), Chapter 849, 
            added the Bay Area Air Quality Management District (BAAQMD) to 
            the JPC, required that every county in the region be 
            represented on the JPC, and required it to review and comment 
            on the regional transportation plan, the ABAG housing element, 




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            and the BAAQMD ozone attainment and clean air plans.  AB 2094 
            (DeSlaunier), Chapter 442, Statutes of 2008, added the San 
            Francisco Bay Conservation and Development Commission to the 
            JPC.  

            With the enactment of SB 375 and its requirements placing a 
            greater emphasis on coordinating land use and transportation 
            investment decisions, MTC is attempting through this bill to 
            strengthen the decision-making process for implementing SB 375 
            and its goal of better land use planning to reduce automobile 
            travel.  To this end MTC, in recent years has become ABAG's 
            major funder.  In addition, JPC's member agencies are using 
            the required update of the regional transportation plan to 
            produce an integrated regional transportation and land use 
            plan that encompasses the goals of SB 375.

          RELATED LEGISLATION:  
                
           SB 878 (DeSaulnier) requires the Joint Policy Committee to 
          access the alternative institutional concepts for addressing the 
          emerging regional issues resulting from the requirements to 
          limit greenhouse gases, the Bay Area's need to create a regional 
          economic development strategy, and the land use and 
          transportation policies of SB 375.  Pending in Assembly Local 
          Government.

          SB 1117 (DeSaulnier) reorganizes the governance of four San 
          Francisco Bay Area regional agencies: the Bay Area Air Quality 
          Management District, the Metropolitan Transportation Commission, 
          the Bay Conservation and Development Commission, and the 
          Association of Bay Area Governments.  Held in Senate 
          Appropriations. 

          Assembly Votes:
               Floor:    71-5
               Appr: 16-1
               L Gov:  9-0
               Trans:    13-0

          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday, 
                     June 6, 2012)

               SUPPORT:  Metropolitan Transportation Commission (sponsor)
                         Alameda County Transportation Commission
                         Alameda-Contra Costa Transit District




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                         American Federation of State, County, and 
          Municipal Employees
                         City of Oakland
                         City and County of San Francisco
                         City of San Jose
                         Contra Costa Transportation Authority
                         East Bay Economic Development Alliance
                         Napa County Board of Supervisors
                         San Francisco County Transportation Commission
                         Santa Clara Chamber of Commerce and Visitors 
          Bureau
                         Santa Clara County Board of Supervisors
                         Santa Clara Valley Transportation Authority
                         Silicon Valley Leadership Group
                         Cities Association of Santa Clara County
                         Sen. Loni Hancock, California Ninth Senate 
          District
                         Alameda County Transportation Commission
          
               
               OPPOSED:  Solano Board of Supervisors
                         Bay Conservation and Development Commission.