BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1458|
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THIRD READING
Bill No: AB 1458
Author: Buchanan (D)
Amended: 7/28/12 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 12-0, 7/02/12
AYES: Wright, Anderson, Berryhill, Cannella, Corbett, De
León, Evans, Hernandez, Padilla, Walters, Wyland, Yee
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : California Transportation Commission
SOURCE : Author
DIGEST : This bill provides that notwithstanding the
Governors Reorganization Plan No. 2 of 2012 (GRP 2), the
California Transportation Commission (CTC) shall retain
independent authority to perform its duties as prescribed
under law. Specifically, this bill (1) makes it explicit
that the CTC will retain its independent authority to
perform its duties as prescribed under law regardless of
the fact that the GRP 2 places the CTC in the
Transportation Agency under the authority of the
Transportation Secretary; (2) provides that this act shall
become operative on 07/01/2013 and only if the GRP 2
becomes effective; and (3) stipulates that this act shall
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prevail over any provision of the GRP 2, regardless of the
dates on which this act and the GRP 2 take effect.
ANALYSIS : The CTC was established in 1978 by AB 402
(Chapter 1106, Statutes of 1977) out of a growing concern
for the development of a unified California transportation
policy. The CTC replaced and assumed the responsibilities
of four independent bodies: the California Highway
Commission, the State Transportation Board, the State
Aeronautics Board, and the California Toll Bridge
Authority. The CTC is responsible for the programming and
allocating of funds for the implementation of highway,
passenger rail and transit improvements throughout
California. In addition, the CTC advises and assists the
administration and the Legislature in formulating and
evaluating policies and plans for California's
transportation programs.
The CTC consists of eleven voting members and two
non-voting ex-officio members. Of the eleven voting
members, nine are appointed by the Governor, one is
appointed by the Senate Committee on Rules, and one is
appointed by the Speaker of the Assembly. The two
ex-officio non-voting members are appointed from the State
Senate and Assembly, usually the respective chairs of the
transportation policy committee in each house. The CTC is
also an active participant in the initiation and
development of State and Federal legislation that seeks to
secure financial stability for the State's transportation
needs.
GRP 2 proposes to change the CTC from being constituted "in
the state government," a relatively independent place from
which to comment on and collaborate with the
administration, to being within the newly created
Transportation Agency under the authority of the
Transportation Secretary.
The California Constitution authorizes the Legislature to
delegate to the Governor the authority to assign and
reorganize functions among executive branch officers,
agencies and their employees. The Governor's authority to
reorganize does not extend to other constitutional offices
(California Constitution, Article V, Section 6). Existing
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law specifies the process for reorganization and places
limits on that authority.
Additionally, existing law specifies the purposes of the
Governor's reorganization authority, in the form of a GRP
is to enable the Governor to promote improved strategies
for executing the law; managing state government; reducing
expenditures; increasing efficiency; improving coordination
among agencies and functions; reducing the number of
agencies; and eliminating duplication and overlap among
agencies.
Background
GRP Process . As stipulated in the Government Code, the
Governor is required to submit any reorganization plan to
the Milton Marks Commission on California State Government
Organization and Economy ("Little Hoover Commission") at
least 30 days prior to submitting the plan to the
Legislature. The Little Hoover Commission's role in the
reorganization process is only advisory - it reviews and
submits a report to the Governor and the Legislature within
30 days of the Plan being submitted to the Legislature.
Existing law also provides that any GRP becomes law after
60 days unless either House of the Legislature adopts a
resolution rejecting the proposal.
GRP 2 . GRP 2 (introduced May 3, 2012) would create three
new agencies by relocating departments in three existing
agencies with the goal of grouping like functions more
closely together, reducing the number of agencies from 12
to 10 overall. It also would make a series of other moves.
The Transportation Agency is one of the new agencies that
would be created by GRP 2 and would include the following
entities formerly housed within the Business,
Transportation and Housing Agency: the Department of
Transportation, the Department of Motor Vehicles, the
California Highway Patrol, the Board of Pilot Commissioners
and the California Traffic Safety Program. Along with
those entities, the Transportation Agency would pull in the
CTC and the High-Speed Rail Authority, which are currently
stand-alone boards.
On May 22, 2012, the Little Hoover Commission released its
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report of
GRP 2 and recommended that the Plan be allowed to go into
effect. The deadline for a Legislative resolution
affirmatively disapproving GRP 2 is July 2, 2012. If the
Legislature takes no action, GRP 2 becomes effective on
July 3, 2012 and operative on July 1, 2013.
Joint Hearing of GRP 2 . On May 23, 2012, the Senate
Governmental Organization Committee and the Senate
Governance and Finance Committee held a joint informational
hearing to review the plan in its entirety.
As noted above, the CTC was established in 1978 to provide
a unified state transportation policy. The CTC is
responsible for the programming and allocating of funds for
the implementation of highway, passenger rail and transit
improvements throughout California. In addition, the CTC
advises and assists the administration and the Legislature
in formulating and evaluating policies and plans for
California's transportation programs.
The Governor's proposal to eliminate the independence of
the CTC by placing it under the jurisdiction of the
Secretary of the Transportation Agency was discussed
thoroughly during the joint hearing. Concern was raised
that moving the CTC within the agency may effectively make
it little more than a redundant department that no longer
provides much real benefit to the state. Members were
unclear what value the CTC would continue to contribute
should it become part of the administration, or how
critical it could be of proposals or policies which
originate from the new agency. Also, stakeholders argued
that the GRP could have the effect of diminishing the
oversight and transparency that is currently afforded by
the CTC for California's transportation planning and
expenditures.
Purpose of this bill . According to the author's office, AB
1458 is intended to preserve the functional independence of
the CTC.
Related Legislation
AB 1498 (Buchanan) modifies GRP 2 by making changes to
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provisions related to reorganization of the California
Technology Agency and the new Government Operations Agency.
AB 1019 (Buchanan) modifies GRP 2, as specified, by making
changes to provisions related to reorganization of the
Sixth District Agricultural Association which consists of
the California African American Museum, the California
Science Center, and Exposition Park, all in Los Angeles.
It also deletes the provisions of the GRP that move the
Delta Stewardship Council under the jurisdiction of the
Natural Resources Agency.
AB 737 (Buchanan) modifies GRP 2 by re-establishing the
Boating and Waterways Commission within the Division of
Boating and Waterways under the Department of Parks and
Recreation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:m 7/2/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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