BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  January 11, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1364  
          (Linder) - As Introduced February 27, 2015


          SUBJECT:  California Transportation Commission


          SUMMARY:  Removes the California Transportation Commission (CTC)  
          from the California Transportation Agency (CalSTA) and  
          establishes the commission as an independent entity in state  
          government.


          EXISTING LAW:  


          1)As provided for in the California Constitution, authorizes the  
            Legislature to delegate to the Governor the authority to  
            assign and reorganize functions among executive branch  
            officers, agencies, and their employees.  


          2)Establishes CalSTA in state government, consisting of the  
            Department of the California Highway Patrol, the CTC, the  
            Department of Motor Vehicles, the Department of  
            Transportation, the High-Speed Rail Authority, and the Board  
            of Pilot Commissioners for the Bays of San Francisco, San  
            Pablo, and Suisun.










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          3)Generally vests agency secretaries with responsibility for  
            sound fiscal management of each department within their agency  
            and directs the agency secretary to review and approve the  
            proposed budget for each department.  Furthermore,  
            specifically directs agency secretaries to do the following  
            for each department under their purview:


             a)   Hold the head of each department responsible for  
               management control over the administrative, fiscal, and  
               program performance of the department;


             b)   Evaluate the performance of each department; and


             c)   Seek to continually improve each department's  
               organization structure, operating policies, and management  
               information systems.


          4)Establishes the 13-member CTC and provides that the commission  
            is responsible for appointing an executive director who is to  
            serve at the pleasure of the commission.

          5)Directs the CTC to advise and assist the Secretary of  
            Transportation and the Legislature in formulating and  
            evaluating state policies and plans for transportation  
            programs in the state.

          FISCAL EFFECT:  Unknown.

          COMMENTS:  The Legislature originally created the CTC in 1978 as  
          a result of concerns that the state lacked a single, unified  
          transportation policy.  The 13-member commission oversees and  
          coordinates the activities of the state's transportation sector,  
          including planning and allocating money for the construction of  
          highway, rail, and transit improvements throughout California.   
          The commission is statutorily vested with the responsibility to  








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          advise both the Governor and the Legislature on transportation  
          issues.


          In 2012, Governor Brown proposed a major restructuring of the  
          Executive Branch, presumably to improve clarity, organization,  
          and accountability by eliminating agencies, forming new agencies  
          around better focused missions, and bringing more state  
          activities under agency structures for greater administrative  
          efficiency.  The plan included the disbanding of the Business,  
          Transportation, and Housing Agency, the creation of CalSTA, and  
          the inclusion of the CTC within CalSTA.  


          The CTC move was one of the more contested components of the  
          reorganization plan.  At a hearing before California's Little  
          Hoover Commission (which was responsible for reviewing the plan  
          and making recommendations to the Legislature as to whether the  
          plan should go forward or not) opponents to the CTC move  
          suggested that the CTC's independence was vital to the  
          administration of the state's transportation programs and that  
          placing the CTC within CalSTA would threatened that  
          independence.  They cited as examples to support this assertion  
          the fact that the CalSTA secretary is statutorily responsible  
          for management control over the administrative, fiscal, and  
          program performance of the CTC, yet the CTC executive director,  
          who serves at the pleasure of the commissioners, is accountable  
          for these functions to the commissioners, not the secretary.


          In its recommendation to the Legislature, the Little Hoover  
          Commission generally supported the reorganization plan but  
          suggested that California had been well-served by the policy  
          independence of the CTC and recommended to the Legislature that  
          it create a firewall to protect the independence of the  
          commission, both by letter and in spirit.  The Legislature  
          responded to the recommendation by passing [AB 1458 (Buchanan),  
          Chapter 138, Statutes of 2012] that specifically states that the  
          CTC shall retain its status as an independent entity to perform  








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          its duties and functions prescribed to it under existing law.

          Despite enactment of AB 1458, questions remain as to whether the  
          CTC is sufficiently able to act independently or whether it is  
          subject to undue influence by the Administration.  In response,  
          the author introduced AB 1364 to ensure that the CTC is able to  
          independently perform its duties with autonomy from the Governor  
          and Legislature.  According to the author, "As the Legislature  
          continues to discuss how to best address our struggling  
          infrastructure, we must look at all options.  While funding is  
          often times talked about the most, the Legislature must  
          reexamine how we do business as well.  Ensuring the CTC is an  
          independent agency will allow them to be free from any political  
          whims of the Legislature and Administration while continuing to  
          make decisions based on need."

          The author accurately notes that the Legislature increasingly  
          looks to the CTC for guidance, policy development, and  
          administration for complicated transportation programs.  Often,  
          the CTC serves as a mediator of sorts between state and regional  
          transportation interests.  Additionally, the Legislature often  
          looks to the CTC to provide oversight of Caltrans programs.  
          Given these important roles that the CTC plays in the  
          administration of the state's transportation policies and  
          programs and given that questions still linger about its  
          independence, it may be time to reestablish bona fide CTC  
          independence by moving the commission out from under the purview  
          of CalSTA.  The benefits of this will likely outweigh whatever  
          organizational efficiencies the Governor's reorganization plan  
          sought to attain.  

          Previous legislation:  AB 1458 (Buchanan), Chapter 138, Statutes  
          of 2012, declared that the CTC is to retain independent  
          authority to perform its duties and functions as prescribed by  
          existing law.

          REGISTERED SUPPORT / OPPOSITION:










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          Support


          None on file




          Opposition


          None on file




          Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093