BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 126|
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THIRD READING
Bill No: SB 126
Author: Steinberg (D)
Amended: As introduced
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 4/12/11
AYES: DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal,
Pavley, Rubio, Simitian
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/9/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : California Transportation Commission:
guidelines
SOURCE : Author
DIGEST : This bill establishes a procedure for the
California Transportation Commission to adopt guidelines.
ANALYSIS : Existing law authorizes the California
Transportation Committee (CTC) to adopt policy guidelines
for various transportation programs but provides little
direction on how the adoption process should proceed.
Among the programs for which the CTC adopts guidelines are
the State Transportation Improvement Program and regional
transportation planning processes. The passage of the
Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006 (Proposition 1B) mandated the
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issuance of several new CTC guidelines, including
guidelines for the Corridor Mobility Improvement Account
(CMIA), the State Route 99 Corridor Program, the Trade
Corridors Improvement Fund, the Public Transportation
Modernization, Improvement, Service Enhancement Account,
and the Highway-Railroad Crossing Safety Account.
Established in 1978, the CTC provides a single venue for
addressing transportation development and funding issues in
the state. The CTC consists of eleven voting members and
two non-voting ex-officio members. Of the eleven voting
members, the governor appoints nine, the Senate Rules
Committee appoints one, and the Speaker of the Assembly
appoints one. The two ex-officio non-voting members are
the chairs of the transportation policy committees in each
house of the Legislature. The CTC programs allocate funds
for the construction of highway, passenger rail, and
transit improvements throughout California.
This bill:
1. Makes legislative findings and declarations regarding
the need to ensure that the CTC's process for adopting
program guidelines is understandable, predictable, and
transparent and provides ample opportunity for public
review and comment on proposed guidelines.
2. Provides, notwithstanding any other provision, in
instances where the CTC adopts guidelines, the
guidelines will be exempt from the Administrative
Procedure Act.
3. Sets forth a process governing the CTC's adoption of
guidelines after January 1, 2011, except for guidelines
adopted to implement the State Transportation
Improvement Program, as follows:
A. The CTC's legal counsel is required to review
the proposed guidelines for necessity, authority,
clarity, consistency, reference, and redundancy and
recommend any changes to the CTC commissioners.
Comments and recommendations made by legal counsel
will be subject to attorney-client privilege,
unless waived. The CTC Executive Director is
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required to distribute the recommendations and
communications with legal counsel to all
commissioners.
B. Policy guidelines are to be first presented at a
CTC meeting for the purpose of receiving public
comment.
C. Proposed guidelines must include a notice of the
right of the public comment on the guidelines.
D. At least 45 days prior to the adoption of the
guidelines, the CTC must distribute and make
available in electronic format copies of the
proposed guidelines for public review.
E. Following the proposed guideline review process,
the CTC staff must summarize all comments and
explain any recommended changes to the guidelines
in response to comments made. Staff
recommendations and a summary must be made public
15 days prior to a regular CTC meeting.
F. Guidelines must be adopted by a majority of the
commission membership.
4. Requires the CTC to maintain complete files on guideline
adoption proceedings, including a summary of each
objection or recommendation made and an explanation of
how the proposed guidelines were changed to accommodate
each objection or recommendation or the reason no change
was made.
5. Requires the CTC to include in its annual report to the
Legislature an accounting of its activities related to
guideline adoption during the prior year.
Comment
According to the author's office, with the increase in the
number of policy guidelines that the CTC is adopting, this
legislation is intended to systematize the process CTC uses
to adopt policy guidelines under its purview and to
increase the transparency of the process.
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Policy guidelines and regulations are two very distinct
administrative tools to manage state programs. Regulations
are adopted according to the terms and conditions of the
Administrative Procedures Act. According to counsel,
numerous court decisions have ruled that administrative
regulations are an extension of a statute and carry the
weight of law. Policy guidelines, even when mandated by a
statute, are an elaboration of policy and do not have the
weight of law. Typically, the guidelines are adopted
through a relatively informal process compared to
regulations.
Last year an identical bill, SB 1348 (Steinberg), passed on
Consent, 34-0, on August 26, 2010, unanimously passed the
Senate Transportation and Housing Committee and both houses
of the Legislature, Governor Schwarzenegger vetoed the
bill. In his veto message he wrote, "This bill is
unnecessary as it establishes a formal process which is
very similar to the process already used by the CTC."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
CTC legal review $50-$70
$50-$70Special*
*State Highway Account
SUPPORT : (Verified 5/10/11)
Fresno Council of Governments
JJA:do 5/10/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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