BILL ANALYSIS �
AB 1962
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ASSEMBLY THIRD READING
AB 1962 (Allen)
As Amended March 29, 2012
Majority vote
TRANSPORTATION 13-0 LOCAL GOVERNMENT 9-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Smyth, Alejo, Bradford, |
| |Jeffries, Achadjian, | |Campos, Davis, Gordon, |
| |Blumenfield, Bonilla, | |Hueso, Knight, Norby |
| |Buchanan, Eng, Ma, | | |
| |Galgiani, Logue, Miller, | | |
| |Norby, Portantino | | |
| | | | |
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SUMMARY : Repeals the requirement that the Sonoma-Marin Area
Rail Transit (SMART) District comply with the design review
process of a local jurisdiction within which any rail transit
facility will be constructed.
EXISTING LAW :
1)Creates the SMART District to provide for a unified,
comprehensive institutional structure for the ownership and
governance of a passenger rail system within the Counties of
Sonoma and Marin; establishes a comprehensive set of powers
and duties regarding the formation, governance, organization,
maintenance, operation and potential dissolution of the
district.
2)Prescribes the membership of the SMART board of directors to
include:
a) Two members of the Sonoma County Board of Supervisors;
b) Two members of the Marin Board of Supervisors;
c) Three members, each of whom must be a mayor or city
council member of a city or town in Sonoma County;
d) One member from the City of Novato;
e) One member from the City of San Rafael;
AB 1962
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f) One member from a city or town in Marin; and,
g) Two members of the Golden Gate Bridge, Highway and
Transportation District.
3)Provides, explicitly, that provisions governing local agencies
generally do not apply to SMART. This would include
provisions that require every local agency to comply with all
applicable building and zoning ordinances of the county or
city in which the local agency is situated.
4)Provides explicitly, on the other hand, that any
transit-oriented joint development project created by SMART
must comply with land use and zoning regulations of the city,
county, or city and county in which the project is located.
5)Enumerates the powers and duties of the district relative to
acquiring, maintaining, and operating transit facilities.
Requires the district to comply with the design review process
of a local agency in cases where transit facilities may be
constructed within their boundaries. The design and review
and approval of a local agency shall be for advisory purposes
only.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : In 2008, voters approved Measure Q in the Counties of
Sonoma and Marin to impose a .25-cent sales tax for 20 years.
The funds generated from the tax support SMART in:
1)Relieving traffic, fighting global warming, and increasing
transportation options.
2)Providing two-way passenger train service every 30 minutes
during weekday rush hours.
3)Providing weekend service.
4)Providing a bicycle/pedestrian pathway linking the stations
and connections to ferry/bus service.
According to the author, existing law presents an "inherent
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contradiction" that this bill will resolve. The author points
out that, on one hand, SMART is specifically exempted from
having to comply with local building and zoning ordinances
(except for joint development projects) yet is required to
comply with local jurisdictions' design review processes for any
rail transit facility (including, for instance, stations,
platforms, switches, yards, terminals, and parking lots).
Apparently, as SMART moves into construction of rail facilities,
there is concern that having to subject the project to the
individual design review processes of each city and town will
wreak havoc on the project's schedule and perhaps even be used
as a delay tactic by opponents of the project. Instead, the
author asserts that SMART already has a design review process
for its rail stations and, therefore, requiring additional
reviews (that are, by statute, advisory only) by each local
jurisdiction is redundant.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0003494