BILL ANALYSIS Ó
AB 1284
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 1284
(Baker) - As Amended April 8, 2015
SUBJECT: Bay Area state-owned toll bridges: Toll Bridge
Program Oversight Committee.
SUMMARY: Requires the Toll Bridge Project Oversight Committee
to be subject to the Bagley-Keene Open Meeting Act.
Specifically, this bill:
1)Requires the Toll Bridge Project Oversight Committee (TBPOC),
formed by the California Department of Transportation
(Caltrans) and the Bay Area Toll Authority (BATA), to be
subject to the Bagley-Keene Open Meeting Act.
2)Repeals a provision in current law that exempts the TBPOC from
the Ralph M. Brown Act (Brown Act).
EXISTING LAW:
1)Directs BATA and Caltrans to establish the TBPOC to consist of
the Caltrans director, BATA executive director (also MTC's
executive director), and the executive director of the
California Transportation Commission (CTC).
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2)Assigns TBPOC with the responsibility to review the Toll
Bridge Seismic Safety Retrofit Program's project status,
costs, and schedules; resolve project issues; evaluate project
changes; develop and regularly update cost estimates, risk
assessments, and cash flow requirements; and, provide program
direction.
3)Specifically exempts TBPOC from state and local open meeting
laws.
4)Requires, pursuant to the Brown Act and the Bagley-Keene Open
Meeting Act, that all meetings of a local agency and state
body be open and public and all persons be permitted to
attend, unless a closed session is authorized.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
1)Background. AB 144 (Hancock), Chapter 71, Statutes of 2005,
established TBPOC to provide project oversight and project
control for the Toll Bridge Seismic Safety Retrofit Program in
California. Provisions of AB 144 specifically exempted the
TBPOC from state agency open meeting act requirements
(Bagley-Keene Act). SB 66 (Torlakson), Chapter 375, Statutes
of 2005, a follow-up measure to AB 144, exempted the TBPOC
from local agency open meeting act requirements (Brown Act).
An analysis for SB 66 stated that the TBPOC by its nature is
an oversight entity only, providing review and monitoring
services, evaluating project change orders and developing cost
estimates and risk assessments. The directors of Caltrans,
CTC and the Bay Area Toll Authority are subject to open
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meeting requirements.
Although TBPOC is specifically exempted from open meeting
statutes, it voted in May
of last year to adopt open meeting policies. These policies
reflect many, but not all, of the requirements set forth in
existing law to govern meetings of state and local government
bodies. In a letter from the TBPOC addressed to the author of
this bill, TBPOC states that they have opened hearings to
public participation effective May 6, 2014. Additionally,
TBPOC states, "While we have taken important steps to open our
process, we have done so in a way that balances the need for
openness with the need to conduct business as efficiently as
possible. In short, we believe we are now in full compliance
with the spirit of Bagley-Keene while maintaining some
differences from the law's literal provisions."
One notable difference between existing open meeting laws and
TBPOC's open meeting policy is the manner in which closed
sessions are addressed. Existing law allows for public
agencies to meet in closed session, but only under narrow,
specified circumstances and with prescribed notification
procedures. The courts have narrowly construed closed meeting
exceptions contained in both Bagley-Keene and Brown Act. Both
Acts contain procedural requirements, including agenda and
notice requirements before a closed session may be held
legally. The Bagley-Keene Act and the Brown Act contain
additional requirements on reporting after a closed session is
held depending on the purpose of the closed session. TBPOC's
open meeting policy, on the other hand, provides for broad
closed sessions, as determined necessary by the members of the
committee, and allows the committee to limit reporting on
closed sessions at subsequent regular meetings.
The work of the TBPOC will be ending shortly. All of the
state-owned toll bridges under its oversight have achieved
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seismic safety and the one remaining project, the demolition
of the old east span of the San Francisco-Oakland Bay Bridge,
is due to be completed next year.
2)Bill Summary. This bill requires the TBPOC to be subject to
the Bagley-Keene Open Meetings Act. This bill is
author-sponsored.
3)Author's Statement. According to the author, "The TBPOC
adopted an 'open meetings policy' but the policy adopted
allows the committee to meet in closed session on 'any matter'
for any reason deemed by themselves to be in the public
interest. TBPOC can similarly expunge the record so that
there is no report that a meeting took place or action was
taken. This bill ensures much-need transparency."
4)Policy Consideration. The members of the TBPOC include the
director of Caltrans and the executive directors of CTC and
BATA (MTC). Caltrans is not defined as a state body under
open meeting laws and the executive directors of CTC and BATA
(MTC) are staff to, not members of, the state and local bodies
they represent, respectively. Consequently, it is not clear
that TBPOC would naturally be considered a state or local body
subject to open meeting laws. The Committee may wish to
consider if it is more appropriate to have TBPOC, as it is
contained in the provisions of law which govern BATA (MTC), to
be subject to the Brown Act.
5)Arguments in Support. None on file.
6)Arguments in Opposition. None on file.
7)Double-Referral. This bill was heard by the Transportation
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Committee on April 6, 2015, where it passed with a 15-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958