BILL ANALYSIS Ó AB 1962 Page 1 ASSEMBLY THIRD READING AB 1962 (Allen) As Amended March 29, 2012 Majority vote TRANSPORTATION 13-0 LOCAL GOVERNMENT 9-0 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Smyth, Alejo, Bradford, | | |Jeffries, Achadjian, | |Campos, Davis, Gordon, | | |Blumenfield, Bonilla, | |Hueso, Knight, Norby | | |Buchanan, Eng, Ma, | | | | |Galgiani, Logue, Miller, | | | | |Norby, Portantino | | | | | | | | ----------------------------------------------------------------- SUMMARY : Repeals the requirement that the Sonoma-Marin Area Rail Transit (SMART) District comply with the design review process of a local jurisdiction within which any rail transit facility will be constructed. EXISTING LAW : 1)Creates the SMART District to provide for a unified, comprehensive institutional structure for the ownership and governance of a passenger rail system within the Counties of Sonoma and Marin; establishes a comprehensive set of powers and duties regarding the formation, governance, organization, maintenance, operation and potential dissolution of the district. 2)Prescribes the membership of the SMART board of directors to include: a) Two members of the Sonoma County Board of Supervisors; b) Two members of the Marin Board of Supervisors; c) Three members, each of whom must be a mayor or city council member of a city or town in Sonoma County; d) One member from the City of Novato; e) One member from the City of San Rafael; AB 1962 Page 2 f) One member from a city or town in Marin; and, g) Two members of the Golden Gate Bridge, Highway and Transportation District. 3)Provides, explicitly, that provisions governing local agencies generally do not apply to SMART. This would include provisions that require every local agency to comply with all applicable building and zoning ordinances of the county or city in which the local agency is situated. 4)Provides explicitly, on the other hand, that any transit-oriented joint development project created by SMART must comply with land use and zoning regulations of the city, county, or city and county in which the project is located. 5)Enumerates the powers and duties of the district relative to acquiring, maintaining, and operating transit facilities. Requires the district to comply with the design review process of a local agency in cases where transit facilities may be constructed within their boundaries. The design and review and approval of a local agency shall be for advisory purposes only. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : In 2008, voters approved Measure Q in the Counties of Sonoma and Marin to impose a .25-cent sales tax for 20 years. The funds generated from the tax support SMART in: 1)Relieving traffic, fighting global warming, and increasing transportation options. 2)Providing two-way passenger train service every 30 minutes during weekday rush hours. 3)Providing weekend service. 4)Providing a bicycle/pedestrian pathway linking the stations and connections to ferry/bus service. According to the author, existing law presents an "inherent AB 1962 Page 3 contradiction" that this bill will resolve. The author points out that, on one hand, SMART is specifically exempted from having to comply with local building and zoning ordinances (except for joint development projects) yet is required to comply with local jurisdictions' design review processes for any rail transit facility (including, for instance, stations, platforms, switches, yards, terminals, and parking lots). Apparently, as SMART moves into construction of rail facilities, there is concern that having to subject the project to the individual design review processes of each city and town will wreak havoc on the project's schedule and perhaps even be used as a delay tactic by opponents of the project. Instead, the author asserts that SMART already has a design review process for its rail stations and, therefore, requiring additional reviews (that are, by statute, advisory only) by each local jurisdiction is redundant. Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093 FN: 0003494