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SB-849 Metropolitan Transportation Commission and Association of Bay Area Governments.(2003-2004)

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SB849:v90#DOCUMENT

Senate Bill No. 849
CHAPTER 791

An act to add Sections 66536 and 66536.1 to the Government Code, relating to regional planning.

[ Filed with Secretary of State  September 25, 2004. Approved by Governor  September 24, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 849, Torlakson. Metropolitan Transportation Commission and Association of Bay Area Governments.
Existing law, the Metropolitan Transportation Act, creates the Metropolitan Transportation Commission as a regional agency to provide comprehensive regional transportation planning for the San Francisco Bay Area counties.
This bill would express the Legislature’s findings that the commission has collaborated with the Association of Bay Area Governments (ABAG) on regional coordination and agreed to create a joint policy committee. The bill would express the Legislature’s findings that the Bay Area Air Quality Management District should be included on the joint policy committee by June 30, 2005, as a represented agency. The bill would require that committee to report to the Legislature by January 1, 2006, on the feasibility of consolidating functions separately performed by ABAG and the commission. The bill would require the committee to coordinate the development and drafting of major planning documents prepared by ABAG, the commission, and the Bay Area Air Quality Management District.
Because the bill would require local agencies to perform additional duties, 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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.

The people of the State of California do enact as follows:


SECTION 1.

 Section 66536 is added to the Government Code, to read:

66536.
 The Legislature finds and declares the following:
(a) The Association of Bay Area Governments, known as ABAG for the purposes of this section and Section 66536.1, and the Metropolitan Transportation Commission have collaborated on regional coordination.
(b) ABAG and MTC formed the “ABAG-MTC Task Force” in 2003 to review methods to improve comprehensive regional planning, including possible organizational and structural changes to ABAG and MTC.
(c) The ABAG-MTC Task Force agreed to set aside the issue of a merger between the ABAG and MTC and to develop a better structure for coordinated regional planning.
(d) The ABAG-MTC Task Force agreed to create a joint policy committee to develop staff support for that committee and to work on short- and long-term goals. Formation of the joint policy committee can result in substantial real progress in resolving regional transportation problems.
(e) The ABAG-MTC Task Force members agreed that structural changes were required in the working relationship between ABAG and MTC, and that the joint policy committee should have a substantial role in facilitating progress on regional transportation matters.
(f) There is a history of cooperation and coordination among the Bay Area Air Quality Management District, ABAG, and MTC.
(g) The three agencies are collectively responsible for developing and adopting air quality plans for national ambient air quality standards.
(h) Based on this history and collective involvement, and the interrelation between land use, transportation, and air quality, the Bay Area Air Quality Management District should be included as a represented agency on the joint policy committee by June 30, 2005. If the Bay Area Air Quality Management District has not been included by June 3, 2005, the Bay Area Air Quality Management District shall be included as a represented agency with an equal number of committee members.

SEC. 2.

 Section 66536.1 is added to the Government Code, to read:

66536.1.
 (a)  The joint policy committee shall prepare a report analyzing the feasibility of consolidating functions separately performed by ABAG and MTC. The report shall be reviewed and approved by MTC and the ABAG executive board and submitted to the Legislature by January 1, 2006.
(b)  The combined membership of the joint policy committee shall include at least one representative from each of the nine regional counties: Alameda, Contra Costa, Marin, Napa, Sonoma, San Mateo, San Francisco, Santa Clara, and Solano.
(c)  The joint policy committee shall coordinate the development and drafting of major planning documents prepared by ABAG, MTC, and the Bay Area Air Quality Management District, including reviewing and commenting on major interim work products and the final draft comments prior to action by ABAG, MTC, and the Bay Area Air Quality Management District. These documents include, but are not limited to, the following:
(1) Beginning with the next plan update scheduled to be adopted in 2008, the regional transportation plan prepared by MTC and described in Section 66508 of the Government Code.
(2) The ABAG Housing Element planning process for regional housing needs pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7.
(3) The Bay Area Air Quality Management District’s Ozone Attainment Plan and Clean Air Plan.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.