BILL ANALYSIS Ó
AB 1982
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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