BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: sb 792
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  desaulnier
                                                         VERSION: 4/10/13
          Analysis by:  Mark Stivers                     FISCAL:  yes
          Hearing date:  April 16, 2013



          SUBJECT:

          Bay Area regional governance

          DESCRIPTION:

          This bill adds to the duties of the Bay Area's Joint Policy  
          Committee and requires the Legislative Analyst to report on  
          voting power disparities on the governing boards of Bay Area  
          regional agencies.

          ANALYSIS:

          The San Francisco Bay Area is comprised of nine counties:   
          Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,  
          Santa Clara, Solano, and Sonoma. 

          The Bay Area has four major regional institutions:  the  
          Metropolitan Transportation Commission (MTC), the San Francisco  
          Bay Conservation and Development Commission (BCDC), the Bay Area  
          Air Quality Management District (BAAQMD), and the Association of  
          Bay Area Governments (ABAG). 

          Each agency has a unique responsibility.  MTC is responsible for  
          regional transportation planning, the programming and funding of  
          major transportation projects, and when acting as the  Bay Area  
          Toll Authority, managing and establishing the tolls for the  
          seven state-owned toll bridges.  BCDC regulates the land uses of  
          the bay shoreline.  BAAQMD implements federal and state air  
          quality laws through regulation.  ABAG analyzes and forecasts  
          the region's population, provides advisory services on regional  
          land use planning to MTC and other agencies, and allocates  
          shares of the regional housing need to each city and county.  

          In an effort to coordinate the planning activities of ABAG, MTC,  
          and BAAQMD, SB 849 (Torlakson), Chapter 791, Statutes of 2004,  
          created the Joint Policy Committee (JPC), comprised of members  
          of each agency.  Subsequent legislation, AB 2094 (DeSaulnier),  




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          Chapter 442, Statutes of 2008, added BCDC representation to the  
          JPC.  Each of the four agencies has five appointments from their  
          respective governing boards to the JPC.  The appointees must be  
          representatives of local governments. 

          The purpose of the JPC is to coordinate various regional  
          planning documents, including the regional transportation plan  
          prepared by MTC, BAAQMD's ozone attainment plan and clean air  
          plan, ABAG's housing needs plan, and BCDC's San Francisco Bay  
          Plan.  The JPC is essentially an advisory agency. 


           This bill  : 

           Requires the JPC, by June 30, 2015, to adopt a regional  
            organization plan to include both of the following:

                 A plan for integrating, by July 1, 2016, the major  
               planning documents of the four regional agencies into a  
               comprehensive regional plan that also addresses priority  
               infrastructure needs; goals and policies related to  
               economic development opportunities; and social equity goals  
               to ensure that people of all income levels, races, and  
               ethnicities share fairly in the benefits and burdens  
               associated with the comprehensive regional plan and its  
               implementation.

                 A plan for consolidating the functions that are common  
               to the regional entities, such as personnel and human  
               resources, budget and financial services, electronic data  
               and communications systems, legal services, contracting and  
               procurement, public information, intergovernmental  
               relations, and forecasting.

           Until the adoption of a comprehensive regional plan, requires  
            the JPC to review both draft and adopted versions of the major  
            planning documents of the four regional agencies and the  
            policies, plans, and associated regulations of each regional  
            entity associated with the major planning documents for  
            consistency with each other, with the requirements of SB 375  
            (Steinberg), Chapter 728, Statutes of 2008, and with the JPC's  
            goals and policies related to economic development  
            opportunities.  The JPC must issue a consistency report  
            describing the findings of each review, which each regional  
            agency shall consider.





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           Requires all cost savings derived from the consolidation of  
            common functions through the regional organization plan to be  
            directed to the JPC's general fund. 

           Requires the JPC, by October 31, 2014, to adopt public and  
            community outreach and participation policies to govern  
            meetings and workshops of the JPC and the regional agencies  
            and their committees.  

           Requires the JPC to maintain an Internet Web site containing  
            relevant information pertaining to the JPC's activities.

           Clarifies that the JPC is subject to the open meeting  
            requirements of the Brown Act.

           Requires the JPC to appoint an advisory committee on economic  
            competitiveness with members from the business community,  
            community colleges, public and private universities, labor  
            organizations, local governments, and community organizations  
            with an interest in expanding economic opportunity for  
            low-income populations and communities. 
           
           Requires the JPC, in consultation with the advisory committee,  
            to adopt goals and policies related to the inclusion of  
            economic development opportunities in the plans of the  
            regional entities and the comprehensive regional plan.

           Requires the Legislative Analyst Office (LAO), by July 1,  
            2014, to analyze and report to the Legislature on the voting  
            power that each city and county in the San Francisco Bay Area  
            has on the governing board of each of the regional entities,  
            including an analysis of any voting power disparities based on  
            population, race, and ethnicity.  The LAO shall recommend  
            changes to agency governance and voting that would lessen  
            disparities, if any, to insignificant levels.

          COMMENTS:

           1.Purpose of the bill  .  According to the author, the JPC  
            currently is dependent on staffing and funding from its  
            constituent regional agencies, none of which wishes to cede  
            authority to the JPC.  As a result, the JPC is a forum for  
            discussion, but does not play a true coordinating role between  
            the regional agencies.  At the same time, business and  
            community groups have expressed concerns about the lack of a  
            regionwide economic development plan and consideration of how  




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            regional plans and regulations affect the region's economic  
            competitiveness.  This bill seeks to strengthen the  
            coordinating role of the JPC, improve community outreach  
            procedures employed by the Bay Area regional agencies, and  
            ensure consideration of the economic impacts of regional plans  
            and regulations.

           2.Directing savings to the JPC  .  This bill directs the cost  
            savings derived from consolidating the common functions of the  
            existing regional agencies to JPC's general fund.  The intent  
            of this provision is ensure some level of independence for the  
            JPC by providing the JPC with its own resources, as opposed to  
            being dependent on funding from its constituent agencies.   
            With greater independence, JPC will be in a better position to  
            realize its mission of coordinating the activities of the  
            regional agencies.

           3.Informational hearings  .  The Senate Transportation and Housing  
            Committee held a series of three informational hearings in the  
            fall of 2011 on the subject of regional governance in the Bay  
            Area.  This bill seeks to address a number of the themes that  
            emerged from witness testimony in those hearings.

           4.Previous legislation  .  Last year, the author of this bill  
            carried a related piece of legislation, SB 1149, which was  
            much more ambitious in scope.  That bill sought to create a  
            25-member directly elected Bay Area Regional Commission (BARC)  
            to replace the JPC and reorganized the existing regional  
            agencies as divisions of BARC.  The author agreed to hold SB  
            1149 in the Senate Appropriations Committee to facilitate  
            further dialogue with regional agencies.

           5.Double-referral  .  The Senate Rules Committee has referred this  
            bill to both this committee and the Committee on Governance  
            and Finance.
          
          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,                                             April 10,  
          2013.)

               SUPPORT:  Public Advocates
                         Urban Habitat

               OPPOSED:  None received. 






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