California Legislature—2015–16 First Extraordinary Session

Assembly BillNo. 24


Introduced by Assembly Members Levine and Ting

September 11, 2015


An act to amend Section 66500 of, to amend and repeal Section 66503 of, to amend, repeal, and add Sections 66502 and 66504 of, to add Sections 66503.1 and 66537 to, and to amend the heading of Title 7.1 (commencing with Section 66500) of, the Government Code, and to amend, repeal, and add Section 30950 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 24, as introduced, Levine. Bay Area Transportation Commission: election of commissioners.

Existing law designates the Metropolitan Transportation Commission as the regional transportation planning agency for the San Francisco Bay area, with various powers and duties with respect to transportation planning and programming, as specified, in the 9-county San Francisco Bay area region. Existing law creates the Bay Area Toll Authority, governed by the same board as the commission, but created as a separate entity, with specified powers and duties relative to the administration of certain toll revenues from state-owned toll bridges within the geographic jurisdiction of the commission. Under existing law, the commission is comprised of 21 appointed members, as specified.

This bill, effective January 1, 2017, would redesignate the Metropolitan Transportation Commission as the Bay Area Transportation Commission. The bill would require commissioners to be elected by districts comprised of approximately 750,000 residents. The bill would require each district to elect one commissioner, except that a district with a toll bridge, as defined, within the boundaries of the district would elect 2 commissioners. The bill would require commissioner elections to occur in 2016, with new commissioners to take office on January 1, 2017. The bill would state the intent of the Legislature for district boundaries to be drawn by a citizens’ redistricting commission and campaigns for commissioners to be publicly financed.

This bill, effective January 1, 2017, would delete the Bay Area Toll Authority’s status as a separate entity from the Metropolitan Transportation Commission and merge the authority into the Bay Area Transportation Commission.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The heading of Title 7.1 (commencing with
2Section 66500) of the Government Code is amended to read:

3 

4Title 7.1.  begin deleteMETROPOLITANend deletebegin insert BAY AREAend insert
5 TRANSPORTATION COMMISSION

6

 

7

SEC. 2.  

Section 66500 of the Government Code is amended
8to read:

9

66500.  

This title shall be known as thebegin delete Metropolitanend deletebegin insert Bay Areaend insert
10 Transportation Commission Act.

11

SEC. 3.  

Section 66502 of the Government Code is amended
12to read:

13

66502.  

There is hereby created, as a local area planning agency
14and not as a part of the executive branch of the state government,
15the Metropolitan Transportation Commission to provide
16comprehensive regional transportation planning for the region
17comprised of the City and County of San Francisco and the
P3    1Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
2Santa Clara, Solano, and Sonoma.

3As used in this title, “region” means the region described in this
4section.

begin insert

5This section shall remain in effect only until January 1, 2017,
6and as of that date is repealed, unless a later enacted statute, that
7is enacted before January 1, 2017, deletes or extends that date.

end insert
8

SEC. 4.  

Section 66502 is added to the Government Code, to
9read:

10

66502.  

There is hereby created, as a local area planning agency
11and not as a part of the executive branch of the state government,
12the Bay Area Transportation Commission to provide
13comprehensive regional transportation planning for the region
14comprised of the City and County of San Francisco and the
15Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
16Santa Clara, Solano, and Sonoma.

17As used in this title, “region” means the region described in this
18section.

19This section shall become operative on January 1, 2017.

20

SEC. 5.  

Section 66503 of the Government Code is amended
21to read:

22

66503.  

The commission shall consist of 21 members as follows:

23(a) Two members each from the City and County of San
24Francisco and the Counties of Contra Costa and San Mateo, and
25three members each from the Counties of Alameda and Santa
26Clara. With respect to the members from the City and County of
27San Francisco, the mayor shall appoint one member and the board
28of supervisors shall appoint one member. With respect to the
29members from Alameda, Contra Costa, San Mateo, and Santa
30Clara Counties, the city selection committee organized in each
31county pursuant to Article 11 (commencing with Section 50270)
32of Chapter 1 of Part 1 of Division 1 of Title 5, shall appoint one
33member and the board of supervisors shall appoint one member.
34The Mayor of the City of Oakland shall be self-appointed or shall
35 appoint a member of the Oakland City Council to serve as the third
36member from the County of Alameda. The Mayor of the City of
37San Jose shall be self-appointed or shall appoint a member of the
38San Jose City Council to serve as the third member from the
39County of Santa Clara.

P4    1(b) One member each from Marin, Napa, Solano, and Sonoma
2Counties. The city selection committee of these counties shall
3furnish to the board of supervisors the names of three nominees
4and the board of supervisors shall appoint one of the nominees to
5represent the county.

6(c) One representative each appointed by the Association of
7Bay Area Governments and the San Francisco Bay Conservation
8and Development Commission. The representative appointed by
9the San Francisco Bay Conservation and Development Commission
10shall be a member of the commission and a resident of the City
11and County of San Francisco, and shall be approved by the Mayor
12of San Francisco.

13(d) One representative, who shall be a nonvoting member,
14appointed by the Secretary of Transportation.

15(e) One representative each appointed by the United States
16Department of Transportation and Department of Housing and
17Urban Development. However, these representatives shall serve
18only if the agencies they represent are amenable to these
19appointments. These representatives shall be nonvoting members.

20(f) Public officers, whether elected or appointed, may be
21appointed and serve as members of the commission during their
22terms of public office.

23(g) No more than three members appointed pursuant to
24subdivisions (a), (b), and (c) shall be residents of the same county.

begin insert

25This section shall remain in effect only until January 1, 2017,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2017, deletes or extends that date.

end insert
28

SEC. 6.  

Section 66503.1 is added to the Government Code, to
29read:

30

66503.1.  

(a) On and after January 1, 2017, the commission
31shall consist of members elected by district within the geographic
32jurisdiction of the commission. Each district shall have
33approximately 750,000 residents, based on the 2010 Census. It is
34the intent of the Legislature that the district boundaries be drawn
35by a citizen’s redistricting commission.

36(b) Each district shall elect one commissioner. However, each
37district that includes within the boundaries of the district any toll
38bridge, or portion thereof, shall elect two commissioners. As used
39within this subdivision, “toll bridge” means the seven state-owned
P5    1toll bridges within the geographic jurisdiction of the commission
2and the Golden Gate Bridge.

3(c) The initial elections for commissioners shall occur in 2016,
4with elected commissioners to take office on January 1, 2017.

5(d) It is the intent of the Legislature that campaigns for
6commissioner should be publicly financed.

7

SEC. 7.  

Section 66504 of the Government Code is amended
8to read:

9

66504.  

Each commissioner’s term of office is four years;
10provided, however, that the commissioners appointed by the Mayor
11of the City of Oakland and the Mayor of the City of San Jose shall
12have an initial term of office ending in February 2015. A
13commissioner appointed as a public officer vacates his or her
14commission seat upon ceasing to hold such public office unless
15the appointing authority consents to completion of the term of
16office. Commissioners shall be selected for their special familiarity
17with the problems and issues in the field of transportation.

begin insert

18This section shall remain in effect only until January 1, 2017,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2017, deletes or extends that date.

end insert
21

SEC. 8.  

Section 66504 is added to the Government Code, to
22read:

23

66504.  

(a) Each commissioner’s term of office is four years.

24(b) This section shall become operative on January 1, 2017.

25

SEC. 9.  

Section 66537 is added to the Government Code, to
26read:

27

66537.  

Any reference in any law to “Metropolitan
28Transportation Commission” or “MTC” shall be deemed to refer
29to the Bay Area Transportation Commission.

30This section shall become operative on January 1, 2017.

31

SEC. 10.  

Section 30950 of the Streets and Highways Code is
32amended to read:

33

30950.  

For the purposes of this chapter, Chapter 4
34(commencing with Section 30910), and Chapter 4.5 (commencing
35with Section 31000), “the authority” is the Bay Area Toll
36Authority, which is hereby created. The authority is a public
37instrumentality governed by the same board as that governing the
38Metropolitan Transportation Commission. The authority is,
39however, a separate entity from the Metropolitan Transportation
40Commission.

begin insert

P6    1This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

end insert
4

SEC. 11.  

Section 30950 is added to the Streets and Highways
5Code
, to read:

6

30950.  

For the purposes of this chapter, Chapter 4
7(commencing with Section 30910), and Chapter 4.5 (commencing
8with Section 31000), “the authority” is the Bay Area Transportation
9Commission.

10This section shall become operative on January 1, 2017.

11

SEC. 12.  

If the Commission on State Mandates determines
12that this act contains costs mandated by the state, reimbursement
13to local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.



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