BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 18, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1982  
          (Bloom) - As Introduced April 12, 2016


          SUBJECT:  California Transportation Commission:  membership


          SUMMARY:  Adds two members representing disadvantaged  
          communities to the California Transportation Commission (CTC).   
          Specifically,  this bill  : 


          1)Increases CTC membership by two members, bringing the total  
            membership to 15.


          2)Requires that the new CTC members be persons who work directly  
            with communities in the state that are most significantly  
            burdened by, and vulnerable to, high levels of pollution,  
            including but not limited to communities with diverse racial  
            and ethnic populations and communities with low-income  
            populations.


          3)Requires that one of the new members be appointed to the CTC  
            one by the Senate Rules Committee and the other by the Speaker  
            of the Assembly.


          EXISTING LAW:  








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          1)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.

          2)Establishes the CTC with 13 members appointed as follows:

             a)   Nine members appointed by the Governor with the advice  
               and consent of the Senate; 

             b)   One member appointed by the Speaker of the Assembly; 



             c)   One member appointed by the Senate Committee on Rules;  
               and,

             d)   Two ex-officio non-voting members appointed from the  
               State Senate and Assembly, usually the respective chairs of  
               the transportation policy committee in each house.

          3)Requires that no CTC member simultaneously hold an elected  
            public office or serve on any local or regional pubic board or  
            commission with business before the CTC.

          4)Provides that, other than ex-officio members, CTC members hold  
            office for terms of four years.

          5)Requires, in appointing members of the CTC, that the Governor  
            make every effort to assure that there is a geographic balance  
            of representation, with members from northern and southern  
            areas and from the urban and rural areas of the state.



          6)Commissioner appointments are made to create a geographic and  
            urban/rural balance.








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          FISCAL EFFECT:  Unknown


          


          COMMENTS:  According to the author and the sponsors, California  
          Bicycle Coalition and Breathe California, some 21% of  
          Californians live in zip codes that are highly impacted by  
          environmental and public health stressors.  They also note that,  
          historically, transportation investments have been a major  
          contributor to segregating communities, causing displacement,  
          and exacerbating health disparities.  The author cites these  
          examples to stress that there must be a greater effort made to  
          transition away from vehicle use in order to reach California's  
          emission reductions goals.  





          To accomplish this, the author introduced AB 1982 to change the  
          configuration of the CTC by adding two new members to the body  
          to directly represent disadvantaged communities in  
          transportation decision making.  This bill would increase  
          existing CTC membership from 13 to 15.  Specifically, the new  
          members would be appointed by the Senate Rules Committee and the  
          Speaker of the Assembly and have a background working directly  
          with communities in the state that are most significantly  
          burdened by, and vulnerable to, high levels of pollution,  
          including but not limited to communities with diverse racial and  
          ethnic populations and communities with low-income populations.   












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          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 the state.   
          The CTC is statutorily vested with the responsibility to advise  
          both the Governor and the Legislature on transportation issues.

          Recently, there have been several attempts on behalf of the  
          Legislature to increase the membership of a variety of state  
          boards.  For example, AB 1288 (Atkins), Chapter 586, Statutes of  
          2015, added two additional members to the California Air  
          Resources Board (ARB) with the requirement that the two new  
          members having worked directly with communities in the state  
          that are most significantly burdened by, and vulnerable to, high  
          levels of pollution, including, but not limited to, communities  
          with diverse racial and ethnic populations and communities with  
          low-income populations.

          With respect to membership changes in the CTC, AB 1290 (John A.  
          Pérez) of 2013 would have modified the composition of the CTC  
          and imposed new duties relative to assessing progress in  
          implementing sustainable communities strategies.  AB 1290 was  
          passed by the Legislature, but was vetoed by the Governor on the  
          grounds that the recently completed Governor's Reorganization  
          Plan would satisfy the author's objectives of improving the  
          CTC's capacity to analyze and integrate connections between  
          transportation and land use into its administrative programs and  
          review processes.

          Committee concerns:  It is important to point out that the  
          current CTC membership, unlike ARB which is established by  
          criteria that relates to the member's professional background,  
          is established solely on geographic distribution (northern vs.  
          southern and urban vs. rural).  If the author wishes to change  
          the criteria by which CTC members are appointed, it may be  








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          worthwhile to apply these parameters to the selection of all  
          members to better achieve a broader perspective on issues  
          affecting transportation.  For example, in addition to members  
          representing disadvantaged communities, other criteria for  
          selection could include members who possesses a broad  
          understanding and involvement in highway infrastructure  
          development, rail issues, ports and maritime industry, trucking  
          industry, as well as freight and supply chain logistics, just to  
          name a few.  By not addressing the overall configuration of the  
          CTC and only applying these criteria to a handful of members,  
          the author seemingly sets disadvantaged community interests in  
          transportation inappropriately above all other priorities. 





          Double-referral:  This bill will be referred to the Assembly  
          Committee on Natural Resources should it pass out of this  
          committee

          Related legislation:  AB 2382 (Lopez) requires that at least one  
          member of the California High-Speed Rail Authority Board  
          appointed by the Governor be a person who is from a  
          disadvantaged community.  AB 2382 is scheduled to be heard by  
          this committee on April 18, 2016. 

          AB 1813 (Frazier) adds one member of the California State  
          Assembly and one member of the California State Senate to the  
          California High-Speed Rail Authority (Authority) Board of  
          Directors, as ex-officio, non-voting members.  AB 1813 passed  
          out of this committee on 
          March 14, 2016, with a 16-0 vote, and from the Assembly  
          Appropriations Committee on April 6, 2016, with a 18-0 vote.

          Previous legislation:  AB 1290 (John A. Pérez) of 2013 would  
          have modified the composition of the CTC  and imposed new duties  
          relative to assessing progress in implementing sustainable  
          communities strategies.  AB 1290 was vetoed by the Governor on  








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          the grounds that the Governor's Reorganization Plan, which had  
          recently gone into effect, would satisfy the author's  
          objectives.

          AB 1288 (Atkins), Chapter 586, Statutes of 2015, added two  
          additional legislative appointees to the ARB with expertise in  
          environmental justice.
          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Bicycle Coalition (Sponsor)


          Breathe California (Sponsor)


          American Lung Association in California


          Amigos de los Rios


          Bike East Bay


          Bike San Gabriel Valley


          Bike Santa Cruz County










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          Bike SLO County


          California Pan Ethnic Network


          California Walks


          California Environmental Justice Alliance


          California League of Conservation Voters


          Catholic Charities, Diocese of Stockton


          Center for Climate Change and Health


          Center for Community Action and Environmental Justice


          Chico Velo


          Coalition for Clean Air


          Comite Civico del Valle


          Gamaliel of California


          Inland Empire Biking Alliance










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          Leadership Counsel for Justice and Accountability


          Livable Communities, Inc.


          Los Angeles County Bicycle Coalition


          Marin County Bicycle Coalition


          Move LA


          Napa County Bicycle Coalition


          PolicyLink


          Public Advocates, Inc.


          Rail-to-Trails Conservancy


          Safer Routes to School National Partnership


          San Diego County Bicycle Coalition


          Santa Barbara Bicycle Coalition


          Santa Barbara Bicycle Coalition










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          Silicon Valley Bicycle Coalition


          The Environmental Council of Sacramento


          TransForm


          Trust for Public Land


          Walk San Francisco




          Opposition


          None on file




          Analysis Prepared by:Victoria Alvarez / TRANS. / (916) 319-2093