Bill Text: CA SB1149 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bay Area Regional Commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-05-21 - Set, first hearing. Hearing canceled at the request of author. [SB1149 Detail]

Download: California-2011-SB1149-Amended.html

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BILL NUMBER: SB 1149	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 1, 2012

INTRODUCED BY   Senator DeSaulnier
    (   Principal coauthor:   Senator 
 Steinberg   ) 

                        FEBRUARY 21, 2012

    An act to repeal Section 66508 of the Government Code,
relating to the Metropolitan Transportation Commission. 
 An act to add Title 7.1.5 (commencing with Section 66538) to the
Government Code, relating to the Bay Area Regional Commission. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1149, as amended, DeSaulnier.  Metropolitan
Transportation Commission.   Bay Area Regional
Commission.  
   Existing law creates the Metropolitan Transportation Commission,
the Bay Area Toll Authority, the Bay Area Air Quality Management
District, and the San Francisco Bay Conservation and Development
Commission, with various powers and duties relative to all or a
portion of the 9-county San Francisco Bay Area region with respect to
transportation, air quality, and environmental planning, as
specified. Another regional entity, the Association of Bay Area
Governments, is created as a joint powers agency comprised of cities
and counties under existing law with regional planning
responsibilities. Existing law provides for a joint policy committee
of certain regional agencies to collaborate on regional coordination.
Existing law requires regional transportation planning agencies, as
part of the regional transportation plan in urban areas, to develop a
sustainable communities strategy coordinating transportation, land
use, and air quality planning, with specified objectives.  
   This bill would create the Bay Area Regional Commission, to be
governed by 15 commissioners elected beginning in 2014 from districts
in the Bay Area region, with specified powers and duties, including
the powers and duties previously exercised by the joint policy
committee. The bill would require the regional entities that are
funding the joint policy committee to continue to provide the same
amount of funding as provided in the 2012-13 fiscal year, as adjusted
for inflation, but to provide those funds to the commission rather
than to the committee. The bill would provide for the Bay Area Toll
Authority to make contributions to the commission, as specified, in
furtherance of the exercise of the authority's toll bridge powers.
The bill would require federal and state funds made available to the
Metropolitan Transportation Commission for purposes of transportation
planning to be budgeted to the Bay Area Regional Commission. The
bill would specify the powers and duties of the commission relative
to the other regional entities referenced above, including the power
to approve the budgets of those regional entities and to develop an
integrated budget for the commission and the regional entities. The
bill would provide for the commission's executive director to develop
a regional reorganization plan, with consolidation of certain
administrative functions of the regional entities under the
commission, with a final plan to be adopted by the commission by June
30, 2016. The bill would require organization of the regional
entities as divisions of the commission, and would require the
executive director to recommend candidates for vacant executive
director positions at the regional entities as these positions become
vacant. The bill would require the commission to adopt public and
community outreach policies by October 31, 2015. The bill would
require the commission to review and comment on policies and plans
relative to the transportation planning sustainable communities
strategy of the regional entities under Senate Bill 375 of the
2007-08 Regular Session, and beginning on January 1, 2017, the bill
would provide for the commission to adopt or seek modifications to
the functional regional plan adopted by each regional entity in that
regard and would provide that the commission is responsible for
ensuring that the regional sustainable communities strategy for the
region is consistent with Senate Bill 375 of the 2007-08 Regular
Session. The bill would require the commission to prepare a 20-year
regional economic development strategy for the region, to be adopted
by December 31, 2015, and updated every 4 years thereafter. The bill
would require any changes proposed by the commission with respect to
bridge toll revenues managed by the Bay Area Toll Authority to be
consistent with bond covenants, and would prohibit investment in real
property of toll revenues in any reserve fund.  
   This bill would enact other related provisions.  
   Because the bill would impose various requirements on local
entities, it would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law creates the Metropolitan Transportation Commission, a
local transportation planning agency.  
   Existing law requires that the commission adopt, by June 30, 1973,
a regional transportation plan for the region, as defined, and
authorizes, prior to adoption of the regional transportation plan,
the operation, construction, or modification of transportation
systems without the commission's approval.  
   This bill would delete these obsolete provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Title 7.1.5 (commencing with Section
66538) is added to the   Government Code   , to
read:  

      TITLE 7.1.5.  BAY AREA REGIONAL COMMISSION


   66538.  The Legislature finds and declares all of the following:
   (a) Various institutional reforms were initiated in the
nine-county San Francisco Bay Region during the mid-20th Century to
address the needs for regional intergovernmental cooperation,
including the formation of the Bay Area Air Quality Management
District in 1955; the formation of a voluntary council of
governments, the Association of Bay Area Governments in 1961 to
enhance the coordination of land use policy decisions across
municipal and county boundaries; the formation of the Bay
Conservation and Development Commission in 1965 with the mission of
preserving and protecting San Francisco Bay and its estuary system
from destructive and ill-planned encroachment; and the establishment
of the Metropolitan Transportation Commission in 1970, California's
first statutorily created regional transportation planning agency, to
plan the region's transportation infrastructure, to prioritize
transportation investments, and to organize and manage the allocation
of financial resources necessary to implement the regional
transportation plan.
   (b) Regional planning requirements have increased significantly
during the last 40 years. Among the most important changes in state
law governing the terms and conditions of regional planning are those
mandated by Senate Bill 375 of the 2007-08 Regular Session (Chapter
728 of the Statutes of 2008). Among the provisions of this statute is
a requirement that a regional transportation plan in urban areas
include a sustainable communities strategy designed to achieve
greenhouse gas emission reduction targets established by the State
Air Resources Board. The successful implementation of the sustainable
communities strategy requires close cooperation between regional and
local agencies in preparing land use, transportation, and regional
air quality management plans. Existing law requires collaboration
between the Metropolitan Transportation Commission and the
Association of Bay Area Governments when preparing the sustainable
communities strategy; however, there is no independent policy body
governing the collaboration. In addition to regional collaboration,
there is a need, when preparing the sustainable communities strategy,
for collaboration with the cities and counties responsible for land
use planning, but where that responsibility resides is unspecified.
This title is intended to address and remedy these deficiencies.
   (c) There is a need to integrate regional policymaking among the
Metropolitan Transportation Commission and its associated agency, the
Bay Area Toll Authority; the Bay Area Air Quality Management
District; the Bay Conservation and Development Commission; and the
Association of Bay Area Governments. These regional entities have
important responsibilities associated with establishing and
maintaining the region's sustainable communities strategy.
Recognizing the need to integrate regional planning, this title
establishes a regional policymaking process, in collaboration with
the governing boards of the regional entities, to ensure that
regional policies are developed within a common framework and
establishes a single point of contact for the general public and
public agencies having an interest in regional policies and programs.
Further, in an effort to achieve efficiencies, it consolidates
common administrative functions and establishes processes for
coordinating professional functions among the regional entities. It
also provides for direct public accountability on regional issues by
establishing a regionally elected governing board, to be known as the
Bay Area Regional Commission.
   (d) An important objective of Senate Bill 375 of the 2007-08
Regular Session was to reduce the migration of workers and jobs
outside of the region because of the need for affordable housing. In
light of these circumstances, there is a need to create an economic
development strategy for the region that will attract and retain
businesses. To this end, the creation of an economic strategy is
necessary that builds on the education resources of the region,
including high schools, community colleges, and public and private
universities, and recognizes the need for a diversified regional
economy with employment opportunities for a wide spectrum of skills.
In developing this strategy, it is important to sustain the
environment and the social and cultural amenities that historically
have made the Bay Area an unquestionably desirable place to live and
work.
   66538.1.  For purposes of this title, the following definitions
shall apply:
   (a) "Commission" means the Bay Area Regional Commission.
   (b) "Commissioners" means the governing board of the Bay Area
Regional Commission.
   (c) "Region" means the area encompassed by the Counties of
Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa
Clara, Solano, and Sonoma.
   (d) "Regional entities" means the Metropolitan Transportation
Commission, including any joint exercise of powers agencies that
include the commission as a member agency; the Bay Area Toll
Authority; the Bay Area Air Quality Management District; the San
Francisco Bay Conservation and Development Commission; and the
Association of Bay Area Governments.
   66538.2.  (a) The Bay Area Regional Commission is hereby
established, and the commission shall succeed to and is vested with
all the duties, powers, purposes, responsibilities, and jurisdiction
of the joint policy committee described in Sections 66536, 66536.1,
and 66536.2, as well as any additional duties, powers, purposes,
responsibilities, and jurisdiction provided in this title.
   (b) The regional entities that are funding the joint policy
committee shall continue to provide that level of funding, with the
funding to be provided to the commission rather than to the
committee. The amount to be provided by each regional entity shall
be, at a minimum, the amount provided in the 2012-13 fiscal year,
adjusted annually for inflation, but may be a greater amount. The
commission may seek additional funding for purposes of implementing
this title from the regional entities.
   (c) The Bay Area Toll Authority shall make contributions to the
Bay Area Regional Commission in furtherance of the exercise of the
authority's powers under Division 17 (commencing with Section 30000)
of the Streets and Highways Code, including, without limitation,
contributions in the form of personnel services, office space, and
funding. The authority shall also make contributions to the
commission on a reimbursement-for-cost basis; provided, however, that
reimbursement shall not be required to the extent that the
contributions provided are determined by the commission to be in
furtherance of the exercise of the authority's powers under that
division.
   (d) Federal and state funds made available to the Metropolitan
Transportation Commission for purposes of transportation planning
shall be budgeted to the Bay Area Regional Commission.
   (e) The joint policy committee shall employ an interim executive
director for the commission to serve until June 30, 2015, or until
his or her successor has been appointed pursuant to Section 66538.3,
whichever first occurs. The interim executive director may act on
behalf of the commission until commissioners are elected and take
office.
   (f) During a transition period, until January 1, 2017, the
commission shall review and comment on draft plans and proposed final
plans for the regional transportation system, the sustainable
communities strategy as described in Section 65088 of this code and
Chapter 4.2 (commencing with Section 21155) of Division 13 of the
Public Resources Code, and other plans and regulations. Thereafter,
review of these plans and regulations shall be subject to Section
66538.11.
   (g) (1) The commission shall draw the boundaries for 15 districts
from which candidates for the commissioners shall be elected. The
commission shall ensure compliance with all applicable state and
federal laws regarding the apportionment of population among the
districts.
   (2) Initial commission elections, including primary and general
elections, shall take place in 2014.
   (3) The term of office for each commissioner shall be four years,
except as otherwise provided by Section 66538.3.
   (h) The commission shall undertake a study to determine the
feasibility of publicly financing the elections of commissioners for
subsequent elections.
   66538.3.  (a) The commissioners elected in 2014 shall take office
on the first Monday after January 1, 2015.
   (b) No later than January 15, 2015, the commissioners shall draw
lots to determine the initial terms of office by district. Seven
commissioners shall serve an initial term of two years and eight
commissioners shall serve an initial term of four years.
   (c) The commission shall appoint an executive director, a chief
legal counsel, and a chief financial officer by June 30, 2015. These
officers shall serve at the pleasure of the commission. The executive
director may appoint additional staff of the commission.
   66538.4.  (a) The commission shall authorize its executive
director to prepare a regional reorganization plan. The commission
shall adopt goals and policies to govern the preparation of the plan.
Among the goals shall be a statement as to the expected reduction in
the cost of overhead and in the operation and management of the
regional entities. All cost saving shall be directed to the
commission's general fund. In addition, goals shall be adopted for
integrating the regional planning requirements for the regional plans
of each regional entity into a comprehensive regional plan.
   (b) When preparing the regional reorganization plan, the executive
director shall include a plan for consolidating the functions that
are common to the regional entities, including, but not limited to,
personnel and human resources, budget and financial services,
electronic data and communications systems, legal services,
contracting and procurement of goods and services, public information
and outreach services, intergovernmental relations, transportation,
land use, economic, and related forecasting models, and other related
activities. Consideration shall be given to ensuring that there are
common personnel classifications where appropriate among the regional
entities, and the consolidation of other functions or activities, as
deemed feasible, that will further the mission of the commission and
will reduce redundancy. The plan shall be updated as determined by
the commission.
   (c) On or before December 31, 2015, the executive director shall
submit to the commission a draft regional reorganization plan. The
commission shall hold at least one public hearing in each county of
the region to receive public comment. A final plan shall thereafter
be adopted for implementation on or before June 30, 2016.
   66538.5.  The commission shall be the fiscal agent for the
regional entities, responsible for preparing the annual budget and
managing the financial resources for each entity.
   66538.6.  (a) In consultation with the regional entities, the
executive director shall, on or before April 1, 2015, and on or
before April 1 of each year thereafter, prepare and submit to the
governing board of each regional entity a recommended integrated
budget for the commission and for the regional entities for the
subsequent fiscal year. The commission shall adopt the integrated
budget for the 2015-16 fiscal year by June 30, 2015, and by June 30
of each fiscal year thereafter.
   (b) Prior to developing the integrated budget, the executive
director shall submit to the commission, for adoption, proposed
performance criteria to govern budgetary priorities. After the
adoption of the initial integrated budget, the executive director
shall report in subsequent annual budgets the extent to which the
performance criteria for the previous fiscal year were met. A new set
of performance criteria may be proposed and adopted for subsequent
fiscal years.
   66538.7.  To integrate the management of the commission with that
of the regional entities, the commission's executive director shall
do both of the following:
   (a)  Organize the regional entities as divisions of the
commission, with each regional entity to continue to be governed by
any applicable statute pertaining to that entity, except for resource
allocation, which shall be governed by Section 66538.5, and except
as otherwise provided in this title.
   (b) Recommend a candidate for the executive director of each
regional entity as positions become vacant.
   66538.8.  The commission shall develop and adopt public and
community outreach policies to govern the scheduling of commission
meetings, the meetings of regional entities, the meetings of standing
committees, and meetings of ad hoc or other temporary committees. In
developing the policies, the commission shall ensure that outreach
programs will utilize all available communication technologies,
including webcasting and social media, print, radio, and television.
The commission shall also establish policies for the holding
workshops of the commission and the regional entities in the cities
and counties of the region. The commission shall provide an
opportunity for the public to comment on the draft and the final
recommended policies. The policies shall be adopted on or before
October 31, 2015.
   66538.9.  The commission shall maintain an Internet Web site
containing relevant information pertaining to the commission's
activities.
   66538.10.  The commission shall be subject to the Ralph M. Brown
Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division
2 of Title 5).
   66538.11.  (a) Beginning on January 1, 2017, the commission shall
review the policies and plans, and associated regulations, of each
regional entity as provided in this section. The review shall include
an assessment of the consistency of the policies, plans, and
regulations among the regional entities with the requirements of
Senate Bill 375 of the 2007-08 Regular Session. The commission shall
issue a consistency report describing the findings of this review.
The commission shall hold public and community hearings in accordance
with its public outreach policies regarding the draft consistency
findings. The findings of the consistency review shall be used in
fulfilling the commission's regional planning responsibilities.
   (b) The commission shall establish a process to develop and
implement its own policies, goals, and regulations, including
performance measures, governing the preparation and adoption of the
plans prepared by the regional entities, provided they are consistent
with the relevant state and federal laws governing transportation
planning and programming, the management of regional air resources,
bay shoreline planning, toll bridges, and regional land use and
housing policies. The commission shall develop a schedule for
implementing this subdivision.
   (c) Consistent with the policies adopted pursuant to subdivision
(b), the governing board of each regional entity shall submit its
functional regional plan to the commission for adoption. The
commission shall adopt the functional regional plans, except as
provided in this subdivision. Should the commission determine not to
adopt a recommended function regional plan, it shall submit to the
applicable regional entity its findings underlying its decision,
including referencing policies, goals, and performance measures
adopted pursuant to subdivision (b), the goals of the economic
development strategy, and any inconsistency with Senate Bill 375 of
the 2007-08 Regular Session. The regional entity shall redraft its
functional regional plan in response to the findings of the
commission and resubmit the plan.
   (d) The commission shall be responsible for ensuring that the
sustainable communities strategy for the region integrates
transportation, land use, and air quality management consistent with
the requirements of Senate Bill 375 of the 2007-08 Regular Session.
   66538.12.  (a) The commission shall prepare a 20-year regional
economic development strategy for the region. The goal of the
economic development strategy shall be to ensure that the regional
economy is capable of adapting to changes in technology, market
demand, and direction of the national and international economy. The
strategy shall include, but not be limited to, all of the following:
   (1) A socioeconomic profile of each county shall be developed.
   (2) Identification of the types and location of major clusters of
firms that are both competitive and complementary enterprises for
each county.
   (3) Identification of the sectors of the economy where there is
underinvestment and a workforce with high unemployment or
underemployment.
   (4) Identification of sectors where investment in specific sectors
of the economy would enhance the probability of increasing the
employment opportunities for the unemployed or underemployed.
   (5) Identification of the public and private investments that are
needed to facilitate the development of new or enhancement of
existing sectors of the regional economy.
   (6) Identification of the social equity issues within the region
and the extent these issues may be addressed by the economic
development strategy. The strategy may identify institutional issues
that are barriers to addressing social equity.
   (7) A profile of the unique regional environmental amenities as
well as the social and cultural amenities that are found to
contribute to employers being attracted to and remaining in the
region.
   (b) In consultation with the regional entities, the commission
shall adopt goals and policies related to the inclusion of economic
development opportunities in the plans of the regional entities and
in its own plans. The goals and policies shall also promote amenities
that are special to the region and contribute to the region's
quality of life.
   (c) The commission shall appoint an advisory committee with
members from the business community, including representatives of
small businesses, technology and manufacturing sectors, community
colleges, public and private universities, labor, local governments,
and other organizations involved with the private economy. The
commission shall coordinate the preparation of the strategy with the
advisory committee and with the regional entities.
   (d) Consistent with its public outreach plan, the commission shall
hold public and community outreach as it deems appropriate for both
draft and final economic development strategies. The commission may
hold other public outreach sessions as appropriate during the course
of preparing the economic development strategy.
   (e) The commission shall adopt the first economic development
strategy plan by December 31, 2015, and an updated strategy every
four years thereafter.
   66538.13.  (a) Changes proposed by the commission in policies
related to tolls and the management of the seven state-owned toll
bridges within the jurisdiction of the Bay Area Toll Authority shall
be consistent with and shall conform with the terms and conditions of
any covenants and agreements related to the use of toll revenues and
the financing and refinancing of any associated debt.
   (b) Toll revenues managed by the Bay Area Toll Authority shall be
used only to acquire, construct, manage, maintain, lease, operate, or
construct facilities required for the management of the state-owned
toll bridges within its jurisdiction, for improvements to the toll
bridges, to provide access to the toll bridges within its
jurisdiction, or for associated transportation projects specifically
authorized to be undertaken with bridge toll revenues pursuant to the
relevant provisions of the Streets and Highways Code. Revenues in
any reserve funds established pursuant to bond covenants or other
related agreements shall not be invested in real property.
   (c) No more than 5 percent of the toll revenues shall be used for
administration and planning of the transportation system that serves
the travel corridors that are served by the toll bridges.
   66538.14.  To the extent of any conflict between this title and a
statute governing any of the regional entities, this title shall
prevail. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 66508 of the Government Code
is repealed.