BILL ANALYSIS
AB 881
Page 1
Date of Hearing: April 20, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 881 (Huffman) - As Amended: April 13, 2009
SUBJECT : Sonoma County Transportation Authority
SUMMARY : Expands the authority of the Sonoma County
Transportation Authority (SCTA) to coordinate county activities
related to compliance with greenhouse gas emission activities.
EXISTING LAW :
1)Pursuant to the Local Transportation Authority and Improvement
Act (Section 180000 of the California Public Utilities Code),
creates the SCTA. The statute makes findings and declarations
"that it is in the public interest to allow the voters of each
county to establish local transportation authorities and raise
additional local revenues to provide highway capital
improvements and maintenance and to meet local transportation
needs in a timely manner. Local highway and transportation
improvements and services are an immediate high priority
needed to resolve local and regional transportation problems
that threaten the economic viability and development potential
of counties and cities and adversely impact the quality of
life therein."
2)Passed by the voters in November 2004, the Measure M, Traffic
Relief Act (Act), provides for a cent county sales tax to be
used to maintain local streets, fix potholes, accelerate
widening Highway 101, improve interchanges, restore and
enhance transit, support development of passenger rail, and
build safe bicycle and pedestrian routes. The funds are
dedicated towards the specific programs and projects specified
in the expenditure plan as required by the Act. Measure M
provides Sonoma County and its nine cities with a new and
reliable fund source for on-going local street maintenance and
public transit operational needs.
3)Pursuant to AB 32 (Nunez and Pavley) Chapter 488, Statutes of
2006, enacts the Global Warming Solutions Act of 2006, that
directs the California Air Resources Board (CARB) to implement
a statewide greenhouse gas emissions reduction strategy that
would reduce emissions by 25% by 2020. Requires CARB to adopt
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an AB 32 Scoping Plan among other mandated activities.
FISCAL EFFECT : Unknown
COMMENTS : The author contends that all of the current powers of
SCTA relate to transportation maintenance and improvement
funding and satisfying local transportation needs. All the nine
cities within Sonoma County, the Sonoma County Water Agency
(SCWA) and the County, have passed resolutions that support
expanding the operational authority of SCTA to allow it to
coordinate a broader climate change initiative beyond the
transportation sector. With this newly expanded authority, SCTA
would manage and participate in a countywide effort to implement
the recently adopted Climate Action Plan.
Further, the author indicates that the AB 32 Scoping Plan
recognizes the critical role local governments will play in the
successful implementation of AB 32. The AB 32 Scoping Plan
specifically states that, "Local governments are essential
partners in achieving California's goals to reduce greenhouse
gas emissions (GHG). They have broad influence and, in some
cases, exclusive authority over activities that contribute to
significant direct and indirect GHG emissions through their
planning and permitting processes, local ordinances, outreach
and education efforts, and municipal operations. Many of the
proposed measures to reduce GHG emissions rely on local
government actions."
This bill would enable SCTA to serve as the regional
coordinating body for the countywide climate change effort.
Accordingly, the SCTA would lead the implementation of the
Climate Action Plan for all regional stakeholders that have an
active role in the production, reduction, and measurement of GHG
emissions.
Arguments in support of the bill :
1)The nine cities that represent SCTA are supportive of this
bill. In addition, according to the author, CARB encourages
local governments to adopt a GHG reduction goal for municipal
operations emissions and move toward establishing similar
goals for community emissions that parallel the state
commitment to reduce GHG emissions by approximately 15 percent
from current levels by 2020. Sonoma County, SCTA, SCWA and
all cities in Sonoma have adopted a more aggressive goal to
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reduce 25% below the 1990 level by 2015.
2)The author contends that, under current law, SCTA is limited
in participating in a countywide joint power authority (JPA)
set up to address climate change, because a JPA can only exert
the powers held in common by all members. Specifically, the
Joint Exercise of Powers Act (Government Code Section 6502)
authorizes two or more public agencies by agreement to jointly
exercise any power common to the contracting parties - each
member of the JPA must be able to independently exercise the
power that is exercised by the JPA. A JPA grants no new
powers but merely sets up a new procedure for the exercise of
existing powers.
Arguments against the bill :
1)Expanding the scope and responsibilities of a local
transportation authority beyond its original mandate and
reasons for creation is unnecessary and inappropriate. The
SCTA was established to coordinate and improve the
transportation maintenance and funding needs of the county.
It was specifically created to administer and manage the
cent sales tax revenues accruing from the passage of local
Measure M. Accordingly. the SCTA should not be expanded to
coordinate programs that is non-transportation related, such
as reviewing or implementing renewable energy and energy
efficiency projects; developing renewable energy and waste
reduction projects or efforts, review of household appliance
energy standards, review of building energy efficiency
standards, etc..
2)Funds from Measure M pay for the administration of SCTA to
oversee the expenditures of the dedicated sales tax funds
towards the specific programs and projects specified in the
expenditure plan as approved by the local voters.
Accordingly, diversion of SCTA Measure M resources and
revenues for non-transportation purposes would appear to be in
direct violation of Measure M purposes, is contrary to the
will of the local voters who endorsed Measure M, and could
jeopardize completion of projects as approved in the Measure M
expenditure plan. The non-commingling of Measure M
administrative funds with non-measure funds would be
problematic.
3)SCTA, as the local transportation entity, could be exposed to
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lawsuits from members of the general public or other members
of the SCTA should Measure M commitments not be met due to
SCTA's diversionary role as the county's climate change
coordinator.
4)The Office of the Legislative Counsel (Leg Counsel) has
drafted bill language that would allay Sonoma County counsel's
concern that the general construct of a JPA is too restrictive
and would not allow it to implement AB 32 GHG mitigation
efforts. The language as drafted by Leg Counsel would allow
the JPA to implement such efforts.
5)Although the author's office and sponsor have been informed
that there is an alternative approach more favorable to the
legislative committees reviewing this bill (the establishment
of a JPA with special climate change/GHG powers to coordinate
implementation of the Climate Action Plan and the development
of the RCPCP), they have not conveyed any clear or compelling
reasons why the formation of a JPA is inadequate. For the
reasons stated above, especially as an alternative approach
for the county is available, the use of an expanded SCTA
beyond transportation-related purposes is unjustified and
unwarranted. Furthermore, as all nine cities and the county
have committed to reducing GHG emissions, transitioning the
governance structure from that of the SCTA to the
establishment of the JPA would be smooth and relatively
effortless.
Suggested Committee Amendment : Consistent with the above
arguments against the bill, the committee recommends that the
bill be amended to authorize the establishment of a JPA with
special authority to address AB 32 climate change and GHG
reduction measures.
Double referral : This bill is double-referred to the Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Sonoma County Transportation Authority (co-sponsor)
County of Sonoma (co-sponsor)
City of Healdsburg
City of Rohnert Park
Climate Protection Campaign
AB 881
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Opposition
None on file
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093