BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 1305 Hearing Date: April 19,
2016
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|Author: |Morrell |
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|Version: |3/30/2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Manny Leon |
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SUBJECT: San Bernardino County Transportation Authority
DIGEST: This bill consolidates a number of local transportation
entities in the San Bernardino County into the San Bernardino
County Transportation Authority.
ANALYSIS:
Existing law:
1)Authorizes a county board of supervisors to create or
otherwise designate local agencies to carry out various
transportation-related functions, including a transportation
authority - which may impose a transportation sales tax
(subject to voter approval), a service authority for freeway
emergencies, and a transportation congestion management
agency, as specified.
2)Establishes the Joint Exercise of Powers Act, which authorizes
the legislative or other governing bodies of two or more
public agencies to jointly exercise, by agreement, any power
common to the contracting parties, as specified.
3)Establishes the County Transportation Commissions Act, which
provides for the creation of county transportation commissions
in the counties of Los Angeles, Orange, Riverside, San
Bernardino, and Ventura, with various powers and duties
relative to transportation planning and funding, as specified.
SB 1305 (Morrell) Page 2 of ?
This bill:
1)Consolidates the San Bernardino County Transportation
Commission, County of San Bernardino local transportation
authority, service authority for freeway emergencies, and San
Bernardino local congestion management agency, and establishes
the San Bernardino County Transportation Authority (Authority)
to serve as the successor agency for both the consolidated
agencies and the San Bernardino Associated Governments joint
powers authority.
2)Makes changes in various statutes to ensure the Authority
incorporates all roles, responsibilities, debts, obligations,
and functions of the abovementioned consolidated agencies.
COMMENTS:
1)Purpose. The author asserts, "The San Bernardino Associated
Governments (SANBAG) is comprised of five separate legal
entities, some of which have conflicting and duplicative
regulatory requirements. In order to resolve conflicting
statutory and Joint Powers Authority requirements and remedy
overlapping responsibilities, SB 1305 consolidates four of
these entities into one entity to streamline
transportation-related functions administered by the SANBAG
Board of Directors."
2)Too much overlap? As noted by the author, since its inception
in 1973, SANBAG has acquired the role of carrying out the
functions of a number of other transportation agencies,
including the congestion management agency, the service
authority for freeway emergencies, the local transportation
authority, and council of governments. Over time, as SANBAG
has acquired the functions of these agencies, no changes have
been made within SANBAG's statutory authority to align the
roles and responsibilities of each agency. As a result, this
has raised legal questions about which entities are subject to
litigation and/or accountable for executed contracts.
3)Previous consolidations. The consolidation of various local
transportation agencies has occurred in the past. Several
examples include SB 838 (Bergeson, Chapter 983, Statutes of
1990), which consolidated several transportation entities in
Orange County, including the Orange County Transportation
Commission, into the Orange County Transportation Authority.
SB 1305 (Morrell) Page 3 of ?
In 2002, SB 1703 (Peace, Chapter 743, Statutes of 2002)
consolidated a number of transportation agencies in San Diego
county under the San Diego Association of Governments. This
bill simply follows in the footsteps of other local
transportation agencies in consolidating multiple
transportation agencies into one entity to administer specific
transportation-related functions with its jurisdiction.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 13, 2016.)
SUPPORT:
San Bernardino Associated Governments (Sponsor)
OPPOSITION:
None received
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