BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1284


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1284 (Baker) - As Amended April 8, 2015


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          |Policy       |Transportation                 |Vote:|15 - 0       |
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          |             |Local Government               |     |9 - 0        |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Toll Bridge Project Oversight Committee  
          (TBPOC), formed by the Caltrans and the Bay Area Toll Authority  
          (BATA), to be subject to the Bagley-Keene Open Meeting Act.  









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          FISCAL EFFECT:


          Negligible fiscal impact.


          COMMENTS:


          1)Background.  The TBPOC consists of the Director of Caltrans,  
            the BATA executive director (who is also the Metropolitan  
            Transportation Commission's executive director), and the  
            executive director of the California Transportation Commission  
            (CTC). 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  
            meeting requirements.



            Current 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  








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            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.





          2)Purpose. 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."



            The work of the TBPOC will be ending shortly.  All of the  
            state-owned toll bridges under its oversight have achieved  
            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.





          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081














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