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HomeMy WebLinkAboutMINUTES - 05222012 - SD.4RECOMMENDATION(S): CONSIDER a position on SB 1149 (DeSaulnier): Bay Area Regional Commission, a bill that 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, as recommended by the County Administrator. FISCAL IMPACT: SB 1149 requires the BARC to authorize its executive director to prepare a regional reorganization plan. The BARC must adopt goals and policies to govern the preparation of the plan, which must include a statement as to the expected reduction in the cost of overhead and in the operation and management of the regional entities. The bill requires all cost saving to be directed to the BARC's general fund. SB 1149 requires the BARC to be the fiscal agent for the regional entities, responsible for preparing the annual budget and managing the financial resources for each entity. The bill requires the BARC's executive director, in consultation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/22/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 22, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: SD. 4 To:Board of Supervisors From:Supervisor Karen Mitchoff Date:May 22, 2012 Contra Costa County Subject:Consider a Position on SB 1149 (DeSaulnier): Bay Area Regional Commission FISCAL IMPACT: (CONT'D) with the regional entities, to prepare and submit to the governing board of each regional entity a recommended integrated budget for the BARC and the regional entities for the subsequent fiscal year. In 2015, and in each following year, the recommended budget must be submitted by April and the BARC must adopt the integrated budget by June 30. SB 1149 requires the executive director, before developing the integrated budget, to submit to the BARC, for adoption, proposed performance criteria to govern budgetary priorities. After the BARC adopts the initial integrated budget, the executive director must 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. SB 1149 requires the regional entities that fund the JPC to provide the same level of funding to the BARC. Each regional entity must provide at least the amount of funding provided to the JPC in 2012-13, adjusted annually for inflation. The BARC may seek, and the regional entities may provide, additional funding. SB 1149 requires the BATA to contribute to the BARC in furtherance of the exercise of the authority's powers under state law including contributions in the form of personnel services, office space, and funding. BATA must also make contributions to the BARC on a reimbursement-for-cost basis. Reimbursement is not required to the extent that the BARC determines that the contributions provided are in furtherance of the exercise of the authority's powers under state law. SB 1149 requires that federal and state funds made available to the MTC for purposes of transportation planning must be budgeted to the BARC. BACKGROUND: SB 1149, by Senator Mark DeSaulnier, as amended on May 1, would reform the regional governance process in the nine-county San Francisco Bay Area. The bill would create the Bay Area Regional Commission (BARC or Commission) to coordinate regional planning and policy decisions dealing with transportation, housing, air quality, sustainable community strategies, economic development, and other regional issues. AUTHOR: DeSaulnier (D) COAUTHOR(S): Steinberg (D) TITLE: Bay Area Regional Commission FISCAL COMMITTEE: yes URGENCY CLAUSE: no DISPOSITION: Pending COMMITTEE: Senate Governance and Finance Committee HEARING: 05/09/2012 9:30 am, Room 112 SUMMARY: Creates the Bay Area Regional Commission to adopt public and community outreach policies and to review and comment on policies and plans relative to the transportation planning sustainable communities strategy of regional entities. Provides for the commission to seek modifications to the functional regional plan adopted by each regional entity in that regard. Provides the commission is responsible for ensuring that the strategy for the region is consistent with existing law. Regard bridge toll revenues. DIGEST: SB 1149, as amended, DeSaulnier. 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. Vote: majority. Appropriation: no. Fiscal committee: yes . State-mandated local program: yes . STATUS: 02/21/2012 INTRODUCED. 03/01/2012 To SENATE Committee on TRANSPORTATION AND HOUSING. 05/01/2012 From SENATE Committee on TRANSPORTATION AND HOUSING with author's amendments. 05/01/2012 In SENATE. Read second time and amended. Re-referred to Committee on TRANSPORTATION AND HOUSING. 05/08/2012 From SENATE Committee on TRANSPORTATION AND HOUSING: Do pass to Committee on RULES. 05/08/2012 Re-referred to SENATE Committee on GOVERNANCE AND FINANCE. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not take a position on the bill, there will be no official position from which to advocate. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM REMOVED from consideration. ATTACHMENTS SB 1149 Fact Sheet SB 1149 Bill Text SB 1149 Committee Analysis MTC Letter on SB 1149 Office of Senator Mark DeSaulnier SB 1149 - Fact Sheet Page 1 SB 1149 (DeSaulnier) As Amended – May 1, 2012 BAY AREA REGIONAL COMMISSION Fact Sheet SUMMARY SB 1149 reforms the regional governance process in the nine-county San Francisco Bay Area. To this end, the bill creates the Bay Area Regional Commission to coordinate regional planning and policy decisions dealing with transportation, housing, air quality, sustainable community strategies, economic development, and other regional issues. BACKGROUND The San Francisco Bay Area is comprised of nine counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. It has four major regional institutions created between 1955 and 1970: the Metropolitan Transportation Commission (MTC), the San Francisco Bay Conservation and Development Commission (BCDC), the Bay Area Air Quality Management District (BAAQMD), and the Association of Bay Area Governments (ABAG). Each agency has a unique responsibility. MTC is responsible for regional transportation planning, the programming and funding of major transportation projects, and through a subsidiary, the Bay Area Toll Authority, managing and establishing the tolls for the seven state-owned bay bridges. BCDC regulates the land uses of the bay shoreline. Federal and state air quality laws are implemented through regulation by BAAQMD. ABAG analyzes and forecast the region’s population, provides advisory services on regional land use planning to MTC and other agencies, and allocates shares of the regional housing need to each city and county. In an effort to coordinate the planning activities of the four agencies, legislation was enacted in 2008 creating the Joint Policy Committee (JPC). Each of the four agencies has five appointments from their respective governing boards to the JPC. The appointees must be representatives of local governments. The purpose of the JPC is to coordinate various regional planning documents, including the regional transportation plan prepared by MTC, BAAQMD’s ozone attainment plan and clean air plan, ABAG’s housing needs plan, and BCDC’s San Francisco Bay Plan. The JPC is essentially an advisory agency. It has no enforcement authority and its membership is not independent of the organizations that appoint them. THIS BILL SB 1149 eliminates the JPC and replaces it with the Bay Area Regional Commission (BARC). BARC will be governed by a fifteen-member directly elected governing board. The elections for the nonpartisan board would be held in 2014 and the board members districts would be apportioned on the basis of population. The governing boards of the existing four agencies are not abolished, but they will operate within a budgetary and policy framework established by BARC’s board. The four agencies will function as divisions of BARC. In an effort to achieve efficiencies the executive director of BARC will prepare a regional reorganization plan with the goal of eliminating duplication and reducing overhead costs for personnel services, accounting activities, legal services, procurement, and other common functions. All cost savings will be directed to BARC’s general fund. Office of Senator Mark DeSaulnier SB 1149 - Fact Sheet Page 2 SB 1149 requires the Commission to prepare a 20- year regional economic development strategy. The strategy is updated every four-years and its goals must be reflected in the regional plans. This is a new strategy. Currently, neither state nor federal law incorporates economic development into the regional planning process. The goal of the economic development strategy is 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 must include recognition of unique environmental, social and cultural amenities that are found in and, in part, define the region. BARC is required to adopt goals for integrating the regional planning policies of the four regional agencies with the economic development aspirations contained in the economic development strategy. The economic development plan will identify sectors of the economy characterized by under investment and limited employment opportunities, and recommend public and private investments that would enhance the probability of increasing employment opportunities. In addition, BARC is required to ensure that all the regional plans are consistent with the Sustainable Communities Strategy and the regional economic development strategy. STATUS May 8th – Senate Transportation and Housing Committee Hearing SUPPORT None on File OPPOSITION None on File FOR MORE INFORMATION Art Bauer Senate Transportation and Housing Committee (916) 651-4121 AMENDED IN SENATE MAY 1, 2012 SENATE BILL No. 1149 1 2 Introduced by Senator DeSaulnier (Principal coauthor: Senator Steinberg) February 21, 2012 1  2  3  4  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. 98 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 98 — 2 —SB 1149 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 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 98 SB 1149— 3 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 98 — 4 —SB 1149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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. 98 SB 1149— 5 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 98 — 6 —SB 1149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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, 98 SB 1149— 7 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 98 — 8 —SB 1149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 98 SB 1149— 9 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. 98 — 10 —SB 1149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (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, 98 SB 1149— 11 — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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. O 98 — 12 —SB 1149 State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 BILL ANALYSIS SENATE GOVERNANCE & FINANCE COMMITTEE Senator Lois Wolk, Chair BILL NO: SB 1149 HEARING: 5/9/12 AUTHOR: DeSaulnier FISCAL: Yes VERSION: 5/1/12 TAX LEVY: No CONSULTANT: Weinberger BAY AREA REGIONAL PLANNING Creates the Bay Area Regional Commission. Background and Existing Law With nine counties and 101 cities, the San Francisco Bay Area is home to several single- purpose regional agencies, including the Association of Bay Area Governments (ABAG), the Bay Area Air Quality Management District (BAAQMD), the Metropolitan Transportation Commission (MTC), the San Francisco Bay Conservation and Development Commission (BCDC), and the San Francisco Bay Region Regional Water Quality Control Board. ABAG is a voluntary "council of governments" (COG) created by cities and counties with a joint powers agreement. Like other COGs, ABAG prepares long-term regional plans and creates the regional housing needs analysis that local officials use in preparing their general plans' housing elements. ABAG also has other statutory planning duties. The federal government designates a metropolitan planning organization (MPO) to coordinate transportation planning in each urban region. Most of California's MPOs are COGs, organized by the cities and counties in their own regions. The Bay Area is an exception. The Legislature created MTC to coordinate the Bay Area's transportation planning. ABAG is the COG, but MTC is the MPO. The MTC also functions as the Bay Area Toll Authority (BATA). In 1997, the Legislature created the BATA, which is responsible for managing and investing toll revenues from the Bay Area's seven state-owned toll bridges, funding the day-to-day bridge operations, facilities maintenance, administration, and long-term capital improvement and rehabilitation of the bridges (SB 226, Kopp, 1997). Created by the Legislature in 1955 as the first regional air pollution control agency in the country, the BAAQMD is the public agency entrusted with regulating stationary sources of air pollution in the nine counties that surround San Francisco Bay. Created by the Legislature in 1965, the San Francisco Bay Conservation and Development Commission (BCDC) is a state commission which plans and regulates land uses under and around San Francisco Bay and the Suisun Marsh. http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (1 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 In 2003, ABAG and MTC formed a regional Joint Policy Committee (JPC) to coordinate their regional planning efforts. At the direction of the Legislature, the JPC subsequently added the BAAQMD and the BCDC as represented agencies (SB 849, Torlakson, 2004 and AB 2094, DeSaulnier, 2008). State law requires the JPC to coordinate the development and drafting of major planning documents prepared by ABAG, MTC, BAAQMD, and BCDC, including: The regional transportation plan prepared by MTC. The ABAG housing element planning process for regional housing needs. The BAAQMD's Ozone Attainment Plan and Clean Air Plan. The BCDC's San Francisco Bay Plan and related documents. To reduce greenhouse gas emissions by reducing vehicle miles travelled, the Legislature linked transportation planning and land use planning by state, regional, and local agencies (SB 375, Steinberg, 2008). Metropolitan planning organizations and their constituent counties and cities are preparing sustainable communities strategies ro alternative planning strategies. Despite the JPC's efforts to integrate Bay Area regional planning activities, it lacks the authority to make binding policy decisions or override its member agencies' decisions. As a result, some Bay Area elected officials worry that the JPC will be unable to achieve the close integration of transportation planning, land use planning, and air quality regulation that is necessary to achieve SB 375's goals. They want the Legislature to restructure regional governance in the Bay Area by creating a regionally-elected planning commission to improve coordination among regional agencies, increase the agencies' public transparency and accountability, and make the regional planning process more efficient. Proposed Law Senate Bill 1149 establishes the Bay Area Regional Commission (BARC), which succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the JPC, as well as any additional duties, powers, purposes, responsibilities and jurisdiction specified in the bill. SB 1149 declares that its provisions prevail over any conflicting statute governing any of the regional entities. The bill defines "region" as the area encompassed by the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. SB 1149 defines "regional entities" as the MTC, including any joint exercise of powers agencies that include the MTC as a member agency, the BATA, the BAAQMD, the BCDC, and ABAG. SB 1149 contains provisions governing: Elections. Administration and reorganization of regional entities. Budget and fiscal authority. Outreach and transparency. Regional planning functions. Economic planning functions. http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (2 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 Use of toll revenues. I. Elections. SB 1149 requires the BARC to draw the boundaries for 15 districts from which candidates for commissioners must be elected. The BARC must ensure compliance with all applicable state and federal laws regarding the apportionment of population among the districts. SB 1149 requires that initial BARC elections, including primary and general elections, must take place in 2014. Commissioners elected in 2014 take office on Monday, January 5, 2015. The bill requires the commissioners to draw lots, no later than January 15, 2015, to determine initial terms of office by district. Seven commissioners must serve an initial term of two years and eight commissioners must serve an initial term of four years. Commissioners elected in subsequent elections will each serve a four year term of office. SB 1149 requires the BARC to undertake a study to determine the feasibility of publicly financing the elections of commissioners. II. Administration and reorganization. SB 1149 requires the JPC to employ an interim executive director for the BARC to serve until June 30, 2015, or until elected commissioners appoint his or her successor, whichever occurs first. The interim executive director may act on behalf of the BARC until commissioners are elected and take office. SB 1149 requires the BARC to appoint, by June 30, 2015, an executive director, a chief legal counsel, and a chief financial officer. These officers serve at the pleasure of the BARC. The executive director may appoint additional staff. SB 1149 requires the BARC to authorize its executive director to prepare a regional reorganization plan. The BARC must adopt goals and policies to govern the preparation of the plan, which must include a statement as to the expected reduction in the cost of overhead and in the operation and management of the regional entities. The bill requires all cost saving to be directed to the BARC's general fund. In addition, the BARC must adopt goals for integrating the regional planning requirements for the regional plans of each regional entity into a comprehensive regional plan. SB 1149 requires the executive director, when preparing the regional reorganization plan, to include a plan for consolidating specified functions that are common to the regional entities. The bill requires the executive director to give consideration to ensuring that there are common personnel classifications where appropriate among the regional entities, and to the consolidation of other functions or activities, as deemed feasible, that will further the mission of the BARC and reduce redundancy. SB 1149 requires the executive director to submit a draft regional reorganization plan to the BARC on or before December 31, 2015. The BARC must hold at least one public hearing in each county of the region to receive public comment and adopt a final plan for implementation on or before June 30, 2016. The plan must be updated as determined by the BARC. SB 1149 requires the BARC's executive director to integrate the management of the BARC with http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (3 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 that of the regional entities by: Organizing the regional entities as divisions of the BARC, with each regional entity to continue to be governed by any applicable statute pertaining to that entity, except for resource allocation and as otherwise provided by the bill. Recommending a candidate for the executive director of each regional entity as positions become vacant. III. Budget and fiscal authority. SB 1149 requires the BARC to be the fiscal agent for the regional entities, responsible for preparing the annual budget and managing the financial resources for each entity. The bill requires the BARC's executive director, in consultation with the regional entities, to prepare and submit to the governing board of each regional entity a recommended integrated budget for the BARC and the regional entities for the subsequent fiscal year. In 2015, and in each following year, the recommended budget must be submitted by April and the BARC must adopt the integrated budget by June 30. SB 1149 requires the executive director, before developing the integrated budget, to submit to the BARC, for adoption, proposed performance criteria to govern budgetary priorities. After the BARC adopts the initial integrated budget, the executive director must 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. SB 1149 requires the regional entities that fund the JPC to provide the same level of funding to the BARC. Each regional entity must provide at least the amount of funding provided to the JPC in 2012-13, adjusted annually for inflation. The BARC may seek, and the regional entities may provide, additional funding. SB 1149 requires the BATA to contribute to the BARC in furtherance of the exercise of the authority's powers under state law including contributions in the form of personnel services, office space, and funding. BATA must also make contributions to the BARC on a reimbursement-for-cost basis. Reimbursement is not required to the extent that the BARC determines that the contributions provided are in furtherance of the exercise of the authority's powers under state law. SB 1149 requires that federal and state funds made available to the MTC for purposes of transportation planning must be budgeted to the BARC. IV. Outreach and transparency. SB 1149 requires the BARC to develop and adopt, on or before October 31, 2015, public and community outreach policies to govern the scheduling of BARC meetings, the meetings of regional entities, the meetings of standing committees, and meetings of ad hoc or other temporary committees. The BARC must: Ensure that outreach programs will utilize all available communication technologies, including webcasting and social media, print, radio, and television. Establish policies for the holding workshops of the BARC and the regional entities in the cities and counties of the region. Provide an opportunity for the public to comment on the draft and the final recommended policies. Maintain an Internet web site containing relevant information pertaining to its activities. http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (4 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 Comply with state laws governing open meetings. V. Regional Planning. SB 1149 requires the BARC, during a transition period, until January 1, 2017, to review and comment on draft plans and proposed final plans for the regional transportation system, the sustainable communities strategy, and other plans and regulations. Beginning on January 1, 2017, the BARC must review each regional entity's policies and plans, and associated regulations. The review must include an assessment of the consistency of the policies, plans, and regulations with the requirements of SB 375 (Steinberg, 2008). The BARC must issue a consistency report describing the findings of this review. The BARC must hold public and community hearings in accordance with its public outreach policies regarding the draft consistency findings. The consistency review's findings must be used in fulfilling the BARC's regional planning responsibilities. SB 1149 requires the BARC to establish a process to develop and implement its own policies, goals, and regulations. The BARC must develop a schedule for implementing this process. SB 1149 requires each regional entity's governing board, consistent with policies adopted by the BARC, to submit its functional regional plan to the BARC for adoption. If the BARC determines not to adopt a recommended functional regional plan, it must submit findings underlying its decision to the applicable regional entity. The findings may include references to BARC policies, goals, and performance measures, the goals of the BARC's economic development strategy, and any inconsistency with SB 375 (Steinberg, 2008). The regional entity must redraft its functional regional plan in response to the BARC's findings and resubmit the plan. SB 1149 requires the BARC to ensure that the sustainable communities strategy for the region integrates transportation, land use, and air quality management consistent with the requirements of Senate Bill 375 (Steinberg, 2008). VI. Economic Development Planning. SB 1149 requires the BARC to prepare a 20-year regional economic development strategy for the region. The economic development strategy's goal must 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 must include specified elements, including a discussion of socioeconomic data, firm clusters, economic sectors, employment, public and private investment, social equity issues, and environmental, social, and cultural amenities. SB 1149 requires the BARC to 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 BARC must coordinate the preparation of the strategy with the advisory committee and with the regional entities. The bill requires the BARC, consistent with its public outreach plan, to hold public and community outreach as it deems appropriate for both draft and final economic development strategies. The BARC may hold other public outreach sessions as appropriate during the course of preparing the economic development strategy. The BARC must adopt the first economic development strategy plan by December 31, 2015, and an updated strategy every four years thereafter. http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (5 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 SB 1149 requires the BARC, in consultation with the regional entities, to 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 also shall promote amenities that are special to the region and contribute to the region's quality of life. VII. Toll revenues. SB 1149 requires that changes proposed by the BARC in policies related to tolls and the management of the seven state-owned toll bridges within the jurisdiction of the BATA must be consistent with and 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. SB 1149 requires toll revenues managed by the BATA to 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 state law. SB 1149 prohibits revenues in any reserve funds established pursuant to bond covenants or other related agreements from being invested in real property. SB 1149 requires that no more than five percent of the toll revenues be used for administration and planning of the transportation system that serves the travel corridors that are served by the toll bridges. State Revenue Impact No estimate. Comments 1. Purpose of the bill. Since 1970, when the MTC was created, the Bay Area's population has grown by 63%, the state has regionalized transportation funding and project prioritization, climate change has created a need to adapt to a changing shoreline, and the Legislature has required the integration of land use and transportation planning to address greenhouse gas emissions. Despite these dramatic transformations, the Bay Area's regional governance structure has not changed much during the last four decades. At recent informational hearings held by the Senate Committee on Transportation and Housing to evaluate regional governance in the Bay Area, several witnesses argued that important planning decisions should be made more transparent, that transportation and land use planning need to be better integrated, and that economic development should be incorporated into the regional planning process. In particular, some observers argue that dividing regional governance among four regional entities with different functional specialties and separate part-time governing boards prevents the region from addressing cross-jurisdictional issues, like greenhouse gas emissions and climate change. To address this deficiency, SB 1149 creates a new, powerful, directly elected regional body that is responsible for ensuring that regional policies are developed within a consistent framework. The 15-member BARC will reduce regional planning costs, increase the planning process' transparency, and ensure the integration of regional entities' planning activities. 2. Doing the regional two-step. The history of Bay Area regional governance shows that http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (6 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 legislators typically use a two-step political process. First they commission studies, then they create new agencies based on the results. The San Francisco Bay Conservation and Development Commission (BCDC) is an early example of converting a study's results into a new regional agency. Legislators followed the same two-step model when they created the Delta Protection Commission. MTC grew out of a seven-year effort called the Bay Area Transportation Study Commission (BATS). SB 1149 skips the first step, creating a new regional entity without basing the new entity's structure and powers on the results of any study. In January, the Senate passed SB 878 (DeSaulnier), which requires the JPC to submit a report to the Legislature that includes: Methods and strategies for developing a regional sustainable communities strategy, including public participation and transparency. Strategies for improving regional coordination among member agencies. Recommendations on organizational reform that effectuates regional coordination. A work plan for a nine-county economic development strategy. The Committee may wish to consider whether decisions about restructuring Bay Area governance should continue to follow the pattern of requiring a study first and creating a new agency later. 3. Drawing the lines. ABAG, MTC, BAAQMD, and BCDC all have governing boards that include at least one member from each of the nine Bay Area counties. Each of the BARC's 15 commissioners would represent a district with more than 476,000 residents, a population that is slightly larger than the population of a State Assembly district. It is likely that only two BARC districts will lie entirely within the boundaries of Marin, Sonoma, Napa, and Solano counties, which have a combined population of 1,286,115. Parts of Marin and Solano counties may be included in districts that are centered on larger population centers in San Francisco and the East Bay. The Committee may wish to consider whether the BARC's electoral districts will dilute the four less-populated North Bay counties' influence over Bay Area regional planning efforts. 4. Mismatched jurisdictions? Unlike ABAG and MTC, BAAQMD and BCDC do not exercise authority in every part of the Bay Area's nine counties. BAAQMD's jurisdiction excludes northern Sonoma County and northeastern Solano County. BCDC's jurisdiction covers the water, marshes and mudflats of greater San Francisco Bay, the first 100 feet inland from the shoreline around San Francisco Bay, specified portion of the Suisun Marsh, and portions of creeks, rivers, sloughs and other tributaries that flow into San Francisco Bay. SB 1149 lets voters in every part of the nine Bay Area counties elect commissioners who would govern BAAQMD and BCDC. Should a voter in Gilroy have as much say as a voter in Foster City regarding policies governing development along the shore of San Francisco Bay? Should a voter in Cloverdale have as much say as a voter in Clayton over the enforcement of the Bay Area's air quality regulations? The Committee may wish to consider whether voters who live in areas that are not subject to a regulatory body's authority should elect officials who determine that regulatory body's policies. 5. Mixing governmental roles and structures. The four regional entities that SB 1149 integrates as subsidiary divisions of the BARC have different roles and structures that may complicate their integration. Unlike ABAG and MTC, which are planning entities, BAAQMD and BCDC exercise regulatory powers. While MTC and BAAQMD are local entities governed by special act http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (7 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 statutes, BCDC is a state commission, and ABAG is a joint powers authority. Can BCDC function both as a state commission and as a division of regional government under the direction of locally elected officials? Should directly-elected regional officials control BAAQMD's regulatory activities in addition to its role in the regional planning process? The Committee may wish to consider what unintended consequences may result from merging regional governments with such diverse forms and functions. 6. Functional regional plans. SB 1149 requires each regional entity's governing body to submit a "functional regional plan" to the BARC for adoption. If the BARC does not adopt an entity's functional regional plan, the entity must redraft the plan and resubmit it. The bill does not define the phrase "functional regional plan," which appears nowhere else in statute. The Committee may wish to consider amending SB 1149 to clarify what a functional regional plan is, what form it should take, and what information it should contain. 7. Bonds. State law authorizes BATA to issue revenue bonds to finance regional bridge and transportation projects. BATA has $7 billion of bonds outstanding. Some stakeholders worry that placing BATA under a new regional governance structure could generate legal claims that the bill impairs both an obligation of contract and statutory covenants with bondholders. They suggest that changes to BATA's governance structure may lower BATA's credit rating and imperil the tax-exempt status of BATA's bonds. To avoid potential legal claims and increased borrowing costs, the Committee may wish to consider amending SB 1149 to limit the changes the bill makes to BATA's current governance structure. 8. Technical amendment. To clarify SB 1149's provisions, the committee may wish to consider making the following technical amendment: On page 10, line 11, strike out "function" and insert: "functional" 9. Not the first time. Legislative debates over how to organize Bay Area regional governance stretch deep into the last century. The debate over regional transportation planning emerged from the Bay Area Transportation Study (BATS) Commission (SB 371, McAteer, 1963). A 1968 bill required BATS to finish its report (AB 911, Knox, 1968). One result was the statutory creation of MTC (AB 363, Foran, 1970). A citizens' group called Action for Regional Environmental Agency (AREA) pushed to consolidate regional governments in the early 1970s. BayVision 2020 advocated improved regional governance in the 1990s. In 2002, legislation to merge ABAG and the MTC passed the Senate, but died in the Assembly (SB 1243, Torlakson, 2002). For the last 40 years the region's institutions have been stable while the Bay Area's population and economy have changed. SB 1149 presents legislators with an opportunity take another look at this perennial problem. 10. Related legislation. SB 878 (DeSaulnier) requires the JPC to submit a report to the Legislature January 31, 2013 describing, among other things, policies and strategies for a regional sustainable communities program, for the development of a regional economic development strategy, and for public participation in regional programs. AB 57 (Beall) increases the membership of MTC from 19 to 21 members. 11. Double referral? The Senate Transportation & Housing Committee will consider SB 1149 at its May 8th hearing. If the Committee passes SB 1149, the bill will go to the Senate Rules Committee, which will decide whether to refer it to the Senate Governance & Finance Committee, which would consider the bill at its hearing on May 9. Support and Opposition (5/7/12) http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (8 of 9) [5/9/2012 3:12:28 PM] State Net | 2011 CA S 1149: Bill Analysis - Senate Governance and Finance Committee - 05/09/2012 Support: Unknown. Opposition: Unknown. Copyright (c) 2012 State Net. All rights reserved. http://client2.statenet.com/secure/pe/resources....ALYSIS_comSGOF_vrd20120509_seq00&no_text_utils=1 (9 of 9) [5/9/2012 3:12:28 PM]