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 AB 57 (BEALL) Page 2 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. AB 57 (BEALL) Page 3 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 AB 57 (BEALL) Page 4 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, AB 57 (BEALL) Page 5 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 AB 57 (BEALL) Page 6 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.