BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 57
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          (  Without Reference to File  )

          CONCURRENCE IN SENATE AMENDMENTS
          AB 57 (Beall)
          As Amended  June 20, 2012
          Majority vote
           
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          |ASSEMBLY:  |71-5 |(May 26, 2011)  |SENATE: |34-2 |(July 5, 2012) |
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           Original Committee Reference:    TRANS  .

           SUMMARY  :  Revises the membership and appointments of the 
          Metropolitan Transportation Commission (MTC).  

           The Senate amendments  specify that the MTC board member from the 
          San Francisco Bay Conservation and Development Commission (BCDC) 
          be a member of BCDC, a resident of San Francisco, and be 
          approved by the Mayor of San Francisco.   

          EXISTING LAW  :  

          1)Establishes MTC as the regional transportation planning agency 
            in the nine-county San Francisco Bay Area with comprehensive 
            regional transportation planning and other related 
            responsibilities.  Specifies that MTC consists of 19 members 
            and establishes four-year terms of office for its members.  

          2)Requires two members from the Counties of Alameda, Contra 
            Costa, San Francisco, San Mateo, and Santa Clara.  Requires 
            one member each from Marin, Napa, Solano, and Sonoma Counties. 
             For San Francisco, requires the mayor to appoint one member 
            and the board of supervisors to appoint the other.  

          3)Requires one representative each appointed by the Association 
            of Bay Area Governments (ABAG) and the BCDC.  

          4)Requires three nonvoting members appointed separately by the 
            Secretary of the Business, Transportation and Housing Agency, 
            the federal transportation and housing and urban development 
            departments.  

          5)Limits each term of office to four years.  








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           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Expanded the membership of MTC to 21 board members to include 
            two additional members representing, separately, the Counties 
            of Alameda and Santa Clara.  
             
          2)Required 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)Prohibited, effective with the MTC term commencing February 
            2015, more than three members of MTC from being residents of 
            the same county.  

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

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, this bill would have negligible state costs.  Any 
          costs associated with the expanded MTC are not reimbursable 
          because the MTC has requested the authority provided in this 
          bill.  
          
           COMMENTS  :  According to MTC, it was "created by an act of the 
          State Legislature in 1970.  The composition of the commission 
          was established in that original enabling statute and has not 
          been changed since that time? At the time the Legislature was 
          crafting MTC's governing board structure in 1970, the five 
          southern counties were closer in population than they are today. 
           According to 2010 Department of Finance data, however, both 
          Alameda and Santa Clara counties are significantly more populous 
          than the other three."  

          MTC serves as both the regional transportation planning agency, 
          a state designation, and as the metropolitan planning 
          organization (MPO) for federal purposes.  The agency is 
          responsible for the regional transportation plan, a 
          comprehensive long range planning document which establishes 
          planning and funding goals for the development of mass transit, 
          highway, airport, seaport, railroad, bicycle, and pedestrian 
          facilities.  Other responsibilities include distributing certain 
          state and federal transportation funds to local agencies 








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          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.  
          Further, MTC is a part of the joint coordinated regional 
          planning effort in conjunction with ABAG, the Bay Area Air 
          Quality Management District, and BCDC.  The joint policy group's 
          initiatives are:  focused growth, climate protection, and 
          development of sustainable communities strategy, pursuant to SB 
          375 (Steinberg), Chapter 728, Statutes of 2008.  

          Of the 19 members on the MTC governing board, 16 are voting 
          members as follows: 

          1)Two each from the five larger counties in the southern part of 
            the region (Alameda, Contra Costa, San Francisco, San Mateo, 
            and Santa Clara).

          2)One each representing the four smaller counties in the 
            northern part of the region (Marin, Napa, Solano, and Sonoma).

          3)One representative from ABAG and BCDC.  The remaining three 
            members are nonvoting members as identified in the above 
            "EXISTING LAW" section.  

          The author indicates that the intent of this bill is to adjust 
          the composition of the MTC governing board in order to make it 
          more reflective of the population distribution in the region as 
          identified in the recent population census.  Accordingly, this 
          bill seeks changes to reflect significant population increases 
          in Alameda and Santa Clara Counties in comparison to the three 
          other large counties (Contra Costa, San Francisco, and San 
          Mateo).  Further, this bill would limit the representation of 
          MTC voting members to no more than three who reside in the same 
          county.  In effect, if this bill is enacted, a person residing 
          in either Alameda or Santa Clara Counties could not be appointed 
          as either the ABAG or BCDC representative.  

          MTC resolution:  At its January 26, 2011 meeting, the MTC 
          approved the proposal to increase the representation by the 
          Counties of Alameda and Santa Clara (by including a new mayoral 
          vote).  The resolution indicated that a strong case can be made 








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          that the three largest cities in the region - San Jose, San 
          Francisco, and Oakland - should be represented directly on the 
          MTC governing board and listed six supportive factors.  The San 
          Francisco representative and the two Contra Costa 
          representatives voted against the resolution.  The other San 
          Francisco representative was absent from the meeting.  

           Double-referral  :  This bill was also approved by the Assembly 
          Local Government Committee.  
           

          Analysis Prepared by  :    Ed Imai / TRANS. / (916) 319-2093 


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