BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 749|
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THIRD READING
Bill No: SB 749
Author: Steinberg (D)
Amended: 1/4/12
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM : 9-0, 1/10/12
AYES: DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal,
Pavley, Rubio, Simitian
SENATE APPROPRIATIONS COMMITTEE : 8-0, 1/17/12
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
SUBJECT : California Transportation Commission:
guidelines
SOURCE : Author
DIGEST : This bill establishes a procedure for the
California Transportation Commission to adopt guidelines.
ANALYSIS : Established in 1978, the California
Transportation Commission (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
CONTINUED
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typically the chairs of the transportation policy
committees in each house of the Legislature. The CTC
programs funds for the construction of highway, passenger
rail, and transit improvements throughout California.
Existing law authorizes the 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
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.
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.Exempts the CTC in adopting guidelines from the
Administrative Procedure Act (APA).
3.Sets forth a process governing the CTC's adoption of
guidelines to begin after January 1, 2013, except for
guidelines adopted to implement the State Transportation
Improvement Program (STIP), as follows:
A. The CTC's legal counsel shall 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 required to distribute the
recommendations and communications with legal counsel
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to all commissioners.
B. CTC staff first presents proposed guidelines 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. CTC must adopt its guidelines by a majority of its
membership.
1.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.
2.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.
Comments
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.
Policy guidelines and regulations are two very distinct
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administrative tools to manage state programs. State
agencies adopt regulations 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, public agencies,
therefore, adopt guidelines through a relatively informal
process as compared to the process for regulations.
Governor Schwarzenegger vetoed an identical bill, SB 1348
(Steinberg), in 2010. That bill unanimously passed both
houses of the Legislature. 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 2012-13 2013-14
2014-15 Fund
CTC legal review $50-$70
$50-$70Special*
*State Highway Account
JJA:nl 1/18/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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