BILL ANALYSIS �
Bill No: AB
1458
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 1458 Author: Buchanan
As Amended: June 28, 2012
Hearing Date: July 2, 2012
Consultant: Art Terzakis
SUBJECT
California Transportation Commission
DESCRIPTION
AB 1458 provides that notwithstanding the Governor's
Reorganization Plan No. 2 of 2012 (GRP 2), the California
Transportation Commission (CTC) shall retain independent
authority to perform its duties as prescribed under law.
Specifically, this measure:
1.Makes it explicit that the CTC will retain its
independent authority to perform its duties as prescribed
under law regardless of the fact that the GRP 2 places
the CTC in the Transportation Agency under the authority
of the Transportation Secretary.
2.Provides that this act shall become operative on
07/01/2013 and only if the GRP 2 becomes effective.
3.Stipulates that this act shall prevail over any provision
of the GRP 2, regardless of the dates on which this act
and the GRP 2 take effect.
EXISTING LAW
The CTC was established in 1978 by Assembly Bill 402
(Chapter 1106, Statutes of 1977) out of a growing concern
for the development of a unified California transportation
policy. The CTC replaced and assumed the responsibilities
of four independent bodies: the California Highway
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Commission, the State Transportation Board, the State
Aeronautics Board, and the California Toll Bridge
Authority. The CTC is responsible for the programming and
allocating of funds for the implementation of highway,
passenger rail and transit improvements throughout
California. In addition, the CTC advises and assists the
administration and the Legislature in formulating and
evaluating policies and plans for California's
transportation programs.
The CTC consists of eleven voting members and two
non-voting ex-officio members. Of the eleven voting
members, nine are appointed by the Governor, one is
appointed by the Senate Committee on Rules, and one is
appointed by the Speaker of the Assembly. The two
ex-officio non-voting members are appointed from the State
Senate and Assembly, usually the respective chairs of the
transportation policy committee in each house. The CTC is
also an active participant in the initiation and
development of State and Federal legislation that seeks to
secure financial stability for the State's transportation
needs.
GRP 2 proposes to change the CTC from being constituted "in
the state government," a relatively independent place from
which to comment on and collaborate with the
administration, to being within the newly created
Transportation Agency under the authority of the
Transportation Secretary.
The California Constitution authorizes the Legislature to
delegate to the Governor the authority to assign and
reorganize functions among executive branch officers,
agencies and their employees. The Governor's authority to
reorganize does not extend to other constitutional offices
(California Constitution, Article V, Section 6). Existing
law specifies the process for reorganization and places
limits on that authority.
Additionally, existing law specifies the purposes of the
Governor's reorganization authority, in the form of a GRP
is to enable the Governor to promote improved strategies
for: executing the law; managing state government; reducing
expenditures; increasing efficiency; improving coordination
among agencies and functions; reducing the number of
agencies; and, eliminating duplication and overlap among
AB 1458 (Buchanan) continued
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agencies.
BACKGROUND
Governor's Reorganization Plan Process: As stipulated in
the Government Code, the Governor is required to submit any
reorganization plan to the Milton Marks Commission on
California State Government Organization and Economy
("Little Hoover Commission") at least 30 days prior to
submitting the plan to the Legislature. The Little Hoover
Commission's role in the reorganization process is only
advisory - it reviews and submits a report to the Governor
and the Legislature within 30 days of the Plan being
submitted to the Legislature. Existing law also provides
that any GRP becomes law after 60 days unless either House
of the Legislature adopts a resolution rejecting the
proposal.
Governor's Reorganization Plan No. 2: GRP 2 (introduced
May 3, 2012) would create three new agencies by relocating
departments in three existing agencies with the goal of
grouping like functions more closely together, reducing the
number of agencies from 12 to 10 overall. It also would
make a series of other moves. The Transportation Agency is
one of the new agencies that would be created by GRP 2 and
would include the following entities formerly housed within
the Business, Transportation and Housing Agency: the
Department of Transportation, the Department of Motor
Vehicles, the California Highway Patrol, the Board of Pilot
Commissioners and the California Traffic Safety Program.
Along with those entities, the Transportation Agency would
pull in the California Transportation Commission and the
High-Speed Rail Authority, which are currently stand-alone
boards.
On May 22, 2012, the Little Hoover Commission released its
report of GRP 2 and recommended that the Plan be allowed to
go into effect. The deadline for a Legislative resolution
affirmatively disapproving GRP 2 is July 2, 2012. If the
Legislature takes no action, GRP 2 becomes effective on
July 3, 2012 and operative on July 1, 2013.
Joint Hearing of GRP 2: On May 23, 2012, the Senate
Committee on Governmental Organization and the Senate
Governance and Finance Committee held a joint informational
hearing to review the plan in its entirety.
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As noted above, the CTC was established in 1978 to provide
a unified state transportation policy. The CTC is
responsible for the programming and allocating of funds for
the implementation of highway, passenger rail and transit
improvements throughout California. In addition, the CTC
advises and assists the administration and the Legislature
in formulating and evaluating policies and plans for
California's transportation programs.
The Governor's proposal to eliminate the independence of
the CTC by placing it under the jurisdiction of the
Secretary of the Transportation Agency was discussed
thoroughly during the joint hearing. Concern was raised
that moving the CTC within the agency may effectively make
it little more than a redundant department that no longer
provides much real benefit to the state. Members were
unclear what value the CTC would continue to contribute
should it become part of the administration, or how
critical it could be of proposals or policies which
originate from the new agency. Also, stakeholders argued
that the GRP could have the effect of diminishing the
oversight and transparency that is currently afforded by
the CTC for California's transportation planning and
expenditures.
Purpose of AB 1458: According to the author's office, AB
1458 is intended to preserve the functional independence of
the CTC.
RELATED LEGISLATION
AB 1498 (Buchanan) 2011-12 Session. Would modify the
Governor's Reorganization Plan No. 2 by making changes to
provisions related to reorganization of the California
Technology Agency and the new Government Operations Agency.
(Pending in this committee)
AB 1019 (Buchanan) 2011-12 Session. Would modify the
Governor's Reorganization Plan No. 2, as specified, by
making changes to provisions related to reorganization of
the Sixth District Agricultural Association which consists
of the California African American Museum, the California
Science Center, and Exposition Park, all in Los Angeles. It
would also delete the provisions of the GRP that move the
Delta Stewardship Council under the jurisdiction of the
Natural Resources Agency. (Pending in this committee)
AB 1458 (Buchanan) continued
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AB 737 (Buchanan) 2011-12 Session. Would modify the
Governor's Reorganization Plan No. 2 by re-establishing the
Boating and Waterways Commission within the Division of
Boating and Waterways under the Department of Parks and
Recreation. (Pending in this committee)
SUPPORT: None on File as of June 29, 2012.
OPPOSE: None on File as of June 29, 2012.
FISCAL COMMITTEE: Senate Appropriations Committee
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