BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 57|
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                                 THIRD READING


          Bill No:  AB 57
          Author:   Beall (D), et al.
          Amended:  6/20/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM  :  9-0, 6/12/12
          AYES:  DeSaulnier, Gaines, Harman, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian, Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  71-5, 5/26/11 - See last page for vote


           SUBJECT  :    Metropolitan Transportation Commission

           SOURCE  :     Metropolitan Transportation Commission


           DIGEST  :    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. 
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          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), Chapter 728, Statutes of 2008, 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 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).








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          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 States 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 and County of San 
            Francisco and shall be approved by the Mayor of San 
            Francisco.

          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.

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







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          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. 

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







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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  6/25/12)

          Metropolitan Transportation Commission (source) 
          Alameda County Transportation Commission
          American Federation of State, County and Municipal 
          Employees
          Cities Association of Santa Clara County
          City and County of San Francisco
          City of Oakland
          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

           OPPOSITION  :    (Verified  6/25/12)

          Solano County Board of Supervisors
          Bay Conservation and Development Commission

           ARGUMENTS IN SUPPORT  :    According to the author, the 
          reasons for giving seats to the cities of San Jose and 
          Oakland include the following:







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           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."

           ARGUMENTS IN OPPOSITION  :    The Solano County Board of 
          Supervisors states, "AB 57 would require the commission to 
          consist of 21 members, including one member appointed by 
          the Mayor of the City of Oakland and one member appointed 
          by the Mayor of the City of San Jose.  AB 57 would also 
          prohibit more than three members of the commission from 
          being residents of the same county.  However, AB 57 in its 
          current from would also require the member for the BCDC 
          ÝSan Francisco Bay Conservation and Development Commission] 
          to be a member of that commission, a resident of San 
          Francisco, and to be approved by the Mayor of San 
          Francisco.  Our Board is opposed to this provision and 
          opposes the bill unless this provision is removed.  The 







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          essence of MTC's ÝMetropolitan Transportation Commission] 
          dynamics has been is the development of broad consensus 
          from within the participating cities and counties.  
          Allowing one mayor from one city to have the final say 
          regarding one member who is supposed to be the appointee of 
          a separate regional body is inappropriate and contrary to 
          the goal of true regional balance and cooperation in the 
          Bay Area."  
           

           ASSEMBLY FLOOR  :  71-5, 5/26/11
          AYES:  Achadjian, Alejo, Allen, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Huber, Hueso, Huffman, 
            Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Ammiano, Beth Gaines, Hill, Ma, Mansoor
          NO VOTE RECORDED:  Cedillo, Davis, Gorell, Jones


          JJA:n  7/5/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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