BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1962
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          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;  








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             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 








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          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 


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