BILL ANALYSIS Ó
SB 1305
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Date of Hearing: June 27, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
1305 (Morrell) - As Amended May 16, 2016
SENATE VOTE: 39-0
SUBJECT: San Bernardino County Transportation Authority
SUMMARY: Consolidates local transportation agencies currently
under the purview of the San Bernardino Associated Governments
(SANBAG), as the San Bernardino County Transportation Authority
(Authority). Specifically, this bill:
1)States legislative intent that the Authority should be a
unified and comprehensive transportation agency for San
Bernardino County.
2)Enacts the San Bernardino County Transportation Authority Act
of 2017 with the following specific provisions:
a) Defines key terms, most notably the "San Bernardino
County Consolidated Agencies" (consolidated agencies) to
mean the county transportation commission, the local
transportation authority, the service authority for freeway
emergencies (SAFE), and the local congestion management
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agency.
b) Provides that the Authority is the successor agency to
the powers, duties, revenues, debts, obligations,
liability, immunities, and exemptions expressed or implied
of the consolidated agencies.
c) Prescribes the Authority's governing body (to consist of
the same membership as is currently prescribed for SANBAG),
as follows:
i) Five members of the San Bernardino County Board of
Supervisors;
ii) One mayor or city council member from each
incorporated city in the county; and
iii) One non-voting member appointed by the Governor.
d) Provides for the transfer of employees from SANBAG to
the Authority, including retirement rights and obligations.
3)Makes related, technical changes to existing law to affect the
consolidation.
EXISTING LAW:
1)Authorizes a county board of supervisors to create or
otherwise designate local agencies to carry out various
transportation-related functions.
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2)Establishes the Joint Exercise of Powers Act that 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 that
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.
4)Names SANBAG the county transportation commission of San
Bernardino County and prescribes its membership. SANBAG is a
joint powers authority compromised of San Bernardino County
and each of the cities within the county.
FISCAL EFFECT: Unknown
COMMENTS: The author introduced SB 1305 to create a new,
comprehensive entity that consolidates San Bernardino's county
transportation agencies into a single agency to be known as the
San Bernardino County Transportation Authority. SB 1305 is the
result of a study undertaken by SANBAG last year. In June 2015,
SANBAG created an ad hoc committee to study and make
recommendations to the full board regarding consolidation of
certain SANBAG entities and functions. The ad hoc committee
identified several problems with the existing SANBAG legal
structure, for example:
1)Member jurisdictions are at risk for SANBAG's liability by
virtue of SANBAG being a JPA.
2)Statutes that created the different SANBAG entities contain
conflicting rules and requirements, such as those related to
voting requirements and procurement.
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The ad hoc committee recommended, and the board ultimately
supported, the consolidation effort set forth in this bill.
Benefits of the consolidation include:
1)Separate legal identify for members. Liability risk is
contained within the Authority and does not extend to member
agencies by virtue of having a representative on the governing
board of the JPA, as is currently the case.
2)Uniform voting and procurement requirements.
The consolidation set forth in SB 1305 will create an entity
that is similar to consolidated transportation entities in other
counties, such as the Los Angeles County Metropolitan
Transportation Authority and the Orange County Transportation
Authority.
REGISTERED SUPPORT / OPPOSITION:
Support
San Bernardino Associated Governments (Sponsor)
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San Bernardino County
Opposition
None on file
Analysis Prepared by:Janet Dawson / TRANS. / (916)
319-2093