Existing law specifies the powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority with respect to the collection and expenditure of toll revenue from the 7 state-owned toll bridges within the geographic jurisdiction of the commission. Existing law requires the department and the authority to form the Toll Bridge Program Oversight Committee, consisting of the Director of Transportation, the Executive Director of the authority, and the Executive Director of the California Transportation Commission to review and provide program direction for seismic retrofit and replacement projects on those toll bridges. Existing law provides that the committee is not a state body or a local agency for the purposes of the open meeting laws applicable to either state bodies or local agencies known as the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act, respectively.

This bill would delete that provision and would provide that the Toll Bridge Program Oversight Committee is subject to the Bagley-Keene Open Meeting Act.

Existing law specifies the powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority with respect to the collection and expenditure of toll revenue from the 7 state-owned toll bridges within the geographic jurisdiction of the commission. Existing law requires the department and the authority to form the Toll Bridge Program Oversight Committee, consisting of the Director of Transportation, the Executive Director of the authority, and the Executive Director of the California Transportation Commission to review and provide program direction for seismic retrofit and replacement projects on those toll bridges. Existing law provides that the committee is not a state body or a local agency for the purposes of the open meeting laws applicable to either state bodies or local agencies known as the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act, respectively.

This bill would delete that provision and would provide that the Toll Bridge Program Oversight Committee is subject to the Bagley-Keene Open Meeting Act.

Existing law specifies the powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority with respect to the collection and expenditure of toll revenue from the 7 state-owned toll bridges within the geographic jurisdiction of the commission. Existing law requires the department and the authority to form the Toll Bridge Program Oversight Committee, consisting of the Director of Transportation, the Executive Director of the authority, and the Executive Director of the California Transportation Commission to review and provide program direction for seismic retrofit and replacement projects on those toll bridges. Existing law provides that the committee is not a state body or a local agency for the purposes of the open meeting laws applicable to either state bodies or local agencies known as the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act, respectively.

This bill would delete that provision and would thereby make provide that the Toll Bridge Program Oversight Committee is subject to the Bagley-Keene Open Meeting Act.

Existing law specifies the powers and duties of the Department of Transportation, the Metropolitan Transportation Commission, and the Bay Area Toll Authority with respect to the collection and expenditure of toll revenue from the 7 state-owned toll bridges within the geographic jurisdiction of the commission. Existing law requires the department and the authority to form the Toll Bridge Program Oversight Committee, consisting of the Director of Transportation, the Executive Director of the authority, and the Executive Director of the California Transportation Commission to review and provide program direction for seismic retrofit and replacement projects on those toll bridges. Existing law provides that the committee is not a state body or a local agency for the purposes of the open meeting laws applicable to either state bodies or local agencies known as the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act, respectively.

This bill would delete that provision and would thereby make the Toll Bridge Program Oversight Committee subject to the Bagley-Keene Open Meeting Act.

 CONSENT  

Bill No: AB 1284

Author: Baker (R)

Amended: 4/8/15 in Assembly

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/23/15

AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote

SUBJECT: Bay Area state-owned toll bridges: Toll Bridge Program Oversight Committee

SOURCE: Author

DIGEST: This bill subjects the Toll Bridge Program Oversight Committee (TBPOC) to the Bagley-Keene Open Meeting Act.

ANALYSIS:

Existing law:

1. Requires, generally, under the Bagley-Keene Open Meeting Act, that all meetings of a state body be open and public and that all persons be permitted to attend and participate in any meeting of a state body.

2. Requires, similarly, under the Ralph M. Brown Act, that all meetings of a local government body be open and public and that all persons be permitted to attend and participate in any meeting.

3. Establishes the TBPOC consisting of the Director of the California Department of Transportation (Caltrans) and the Executive Directors of the California Transportation Commission and the Metropolitan Transportation Commission.

4. Assigns to the TBPOC the responsibility of reviewing project status, costs, and schedules; evaluating project changes and resolving project issues; and providing program direction for all phases of the San Francisco Bay Area toll bridge projects.

5. Exempts the TBPOC from the requirements of both the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act.

This bill subjects the TBPOC to the Bagley-Keene Open Meeting Act.

Comments

1. Purpose. According to the author, transparency is essential to accountability, and the TBPOC needs transparency. Through 2013 and 2014, the Senate Transportation and Housing Committee held a series of informational hearings on the construction problems with the Bay Bridge. The committee’s final report detailed findings from a number of outside entities, including Caltrans itself. All reports identified an existing lack of transparency to the public and oversight entities for the Bay Bridge project, despite receiving billions of taxpayer dollars. While the TBPOC adopted an “open meetings policy,” the policy allows the TBPOC to meet in closed session on “any matter” for any reason deemed by its members to be in the public interest. The TBPOC can similarly expunge the record so that there is no report that a meeting took place or action was taken. The author introduced this bill to ensure much-needed transparency within the TBPOC’s meetings.

2. Is this bill necessary? The work of the TBPOC will be ending shortly. All of the state-owned toll bridges under its oversight have achieved seismic safety, and the one remaining project, the demolition of the old east span of the San Francisco-Oakland Bay Bridge, is due to be completed next year. While concern about the transparency of the TBPOC is legitimate, it is unclear what this bill will accomplish now that the TBPOC’s work is all but over.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/8/15)

None received

OPPOSITION: (Verified 7/8/15)

None received

ASSEMBLY FLOOR: 74-0, 5/22/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber

Prepared by: Eric Thronson / T. & H. / (916) 651-4121

7/8/15 16:35:05

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 1284 Hearing Date: 6/23/2015

SUBJECT: Bay Area state-owned toll bridges: Toll Bridge Program Oversight Committee

DIGEST: This bill subjects the Toll Bridge Program Oversight Committee to the Bagley-Keene Open Meeting Act.

ANALYSIS:

Existing law:

1. Generally requires, under the Bagley-Keene Open Meeting Act, that all meetings of a state body be open and public and that all persons be permitted to attend and participate in any meeting of a state body.

2. Similarly requires, under the Ralph M. Brown Act, that all meetings of a local government body be open and public and that all persons be permitted to attend and participate in any meeting.

3. Establishes the Toll Bridge Program Oversight Committee (TBPOC) consisting of the Director of the California Department of Transportation (Caltrans) and the Executive Directors of the California Transportation Commission and the Metropolitan Transportation Commission.

4. Assigns to the TBPOC the responsibility of reviewing project status, costs, and schedules; evaluating project changes and resolving project issues; and providing program direction for all phases of the San Francisco Bay Area toll bridge projects.

5. Exempts the TBPOC from the requirements of both the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act.

This bill subjects the TBPOC to the Bagley-Keene Open Meeting Act.

COMMENTS:

1. Purpose. According to the author, transparency is essential to accountability, and the TBPOC needs transparency. Through 2013 and 2014, this committee held a series of informational hearings on the construction problems with the Bay Bridge. The committee’s final report detailed findings from a number of outside entities, including Caltrans itself. All reports identified an existing lack of transparency to the public and oversight entities for the Bay Bridge project, despite receiving billions of tax payer dollars. While the TBPOC adopted an “open meetings policy,” the policy allows the committee to meet in closed session on “any matter” for any reason deemed by its members to be in the public interest. The committee can similarly expunge the record so that there is no report that a meeting took place or action was taken. The author introduced this bill to ensure much-needed transparency within the TBPOC’s meetings.

2. Is this bill necessary? The work of the TBPOC will be ending shortly. All of the state-owned toll bridges under its oversight have achieved seismic safety, and the one remaining project, the demolition of the old east span of the San Francisco-Oakland Bay Bridge, is due to be completed next year. While concern about the transparency of the TBPOC is legitimate, it is unclear what this bill will accomplish now that the committee’s work is all but over.

Related Legislation:

AB 144 (Hancock, Chapter 71, Statutes of 2005) — among other things, established the TBPOC and exempted it from open meeting laws.

Assembly Votes:

Floor: 74-0

Appr: 17-0

LGov: 9-0

Trans: 15-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 17, 2015.)

SUPPORT:

None received

OPPOSITION:

None received

-- END --

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1284

Author:(Baker) – As Amended Ver:April 8, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Toll Bridge Project Oversight Committee (TBPOC), formed by the Caltrans and the Bay Area Toll Authority (BATA), to be subject to the Bagley-Keene Open Meeting Act.

FISCAL EFFECT:

Negligible fiscal impact.

COMMENTS:

1. Background. The TBPOC consists of the Director of Caltrans, the BATA executive director (who is also the Metropolitan Transportation Commission's executive director), and the executive director of the California Transportation Commission (CTC). AB 144 (Hancock), Chapter 71, Statutes of 2005, established TBPOC to provide project oversight and project control for the Toll Bridge Seismic Safety Retrofit Program in California. Provisions of AB 144 specifically exempted the TBPOC from state agency open meeting act requirements (Bagley-Keene Act). SB 66 (Torlakson), Chapter 375, Statutes of 2005, a follow-up measure to AB 144, exempted the TBPOC from local agency open meeting act requirements (Brown Act). An analysis for SB 66 stated that the TBPOC by its nature is an oversight entity only, providing review and monitoring services, evaluating project change orders and developing cost estimates and risk assessments. The directors of Caltrans, CTC and the Bay Area Toll Authority are subject to open meeting requirements.

Current law allows for public agencies to meet in closed session, but only under narrow, specified circumstances and with prescribed notification procedures. The courts have narrowly construed closed meeting exceptions contained in both Bagley-Keene and Brown Act. Both Acts contain procedural requirements, including agenda and notice requirements before a closed session may be held legally. The Bagley-Keene Act and the Brown Act contain additional requirements on reporting after a closed session is held depending on the purpose of the closed session. TBPOC's open meeting policy, on the other hand, provides for broad closed sessions, as determined necessary by the members of the committee, and allows the committee to limit reporting on closed sessions at subsequent regular meetings.

2. Purpose. According to the author, "The TBPOC adopted an 'open meetings policy' but the policy adopted allows the committee to meet in closed session on 'any matter' for any reason deemed by themselves to be in the public interest. TBPOC can similarly expunge the record so that there is no report that a meeting took place or action was taken. This bill ensures much-need transparency."

The work of the TBPOC will be ending shortly. All of the state-owned toll bridges under its oversight have achieved seismic safety and the one remaining project, the demolition of the old east span of the San Francisco-Oakland Bay Bridge, is due to be completed next year.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 1284

Author:(Baker) – As Amended Ver:April 8, 2015

SUBJECT: Bay Area state-owned toll bridges: Toll Bridge Program Oversight Committee.

SUMMARY: Requires the Toll Bridge Project Oversight Committee to be subject to the Bagley-Keene Open Meeting Act. Specifically, this bill:

1. Requires the Toll Bridge Project Oversight Committee (TBPOC), formed by the California Department of Transportation (Caltrans) and the Bay Area Toll Authority (BATA), to be subject to the Bagley-Keene Open Meeting Act.

2. Repeals a provision in current law that exempts the TBPOC from the Ralph M. Brown Act (Brown Act).

EXISTING LAW:

1. Directs BATA and Caltrans to establish the TBPOC to consist of the Caltrans director, BATA executive director (also MTC's executive director), and the executive director of the California Transportation Commission (CTC).

2. Assigns TBPOC with the responsibility to review the Toll Bridge Seismic Safety Retrofit Program's project status, costs, and schedules; resolve project issues; evaluate project changes; develop and regularly update cost estimates, risk assessments, and cash flow requirements; and, provide program direction.

3. Specifically exempts TBPOC from state and local open meeting laws.

4. Requires, pursuant to the Brown Act and the Bagley-Keene Open Meeting Act, that all meetings of a local agency and state body be open and public and all persons be permitted to attend, unless a closed session is authorized.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Background. AB 144 (Hancock), Chapter 71, Statutes of 2005, established TBPOC to provide project oversight and project control for the Toll Bridge Seismic Safety Retrofit Program in California. Provisions of AB 144 specifically exempted the TBPOC from state agency open meeting act requirements (Bagley-Keene Act). SB 66 (Torlakson), Chapter 375, Statutes of 2005, a follow-up measure to AB 144, exempted the TBPOC from local agency open meeting act requirements (Brown Act). An analysis for SB 66 stated that the TBPOC by its nature is an oversight entity only, providing review and monitoring services, evaluating project change orders and developing cost estimates and risk assessments. The directors of Caltrans, CTC and the Bay Area Toll Authority are subject to open meeting requirements.

Although TBPOC is specifically exempted from open meeting statutes, it voted in May
of last year to adopt open meeting policies. These policies reflect many, but not all, of the requirements set forth in existing law to govern meetings of state and local government bodies. In a letter from the TBPOC addressed to the author of this bill, TBPOC states that they have opened hearings to public participation effective May 6, 2014. Additionally, TBPOC states, "While we have taken important steps to open our process, we have done so in a way that balances the need for openness with the need to conduct business as efficiently as possible. In short, we believe we are now in full compliance with the spirit of Bagley-Keene while maintaining some differences from the law's literal provisions."

One notable difference between existing open meeting laws and TBPOC's open meeting policy is the manner in which closed sessions are addressed. Existing law allows for public agencies to meet in closed session, but only under narrow, specified circumstances and with prescribed notification procedures. The courts have narrowly construed closed meeting exceptions contained in both Bagley-Keene and Brown Act. Both Acts contain procedural requirements, including agenda and notice requirements before a closed session may be held legally. The Bagley-Keene Act and the Brown Act contain additional requirements on reporting after a closed session is held depending on the purpose of the closed session. TBPOC's open meeting policy, on the other hand, provides for broad closed sessions, as determined necessary by the members of the committee, and allows the committee to limit reporting on closed sessions at subsequent regular meetings.

The work of the TBPOC will be ending shortly. All of the state-owned toll bridges under its oversight have achieved seismic safety and the one remaining project, the demolition of the old east span of the San Francisco-Oakland Bay Bridge, is due to be completed next year.

2. Bill Summary. This bill requires the TBPOC to be subject to the Bagley-Keene Open Meetings Act. This bill is author-sponsored.

3. Author's Statement. According to the author, "The TBPOC adopted an 'open meetings policy' but the policy adopted allows the committee to meet in closed session on 'any matter' for any reason deemed by themselves to be in the public interest. TBPOC can similarly expunge the record so that there is no report that a meeting took place or action was taken. This bill ensures much-need transparency."

4. Policy Consideration. The members of the TBPOC include the director of Caltrans and the executive directors of CTC and BATA (MTC). Caltrans is not defined as a state body under open meeting laws and the executive directors of CTC and BATA (MTC) are staff to, not members of, the state and local bodies they represent, respectively. Consequently, it is not clear that TBPOC would naturally be considered a state or local body subject to open meeting laws. The Committee may wish to consider if it is more appropriate to have TBPOC, as it is contained in the provisions of law which govern BATA (MTC), to be subject to the Brown Act.

5. Arguments in Support. None on file.

6. Arguments in Opposition. None on file.

7. Double-Referral. This bill was heard by the Transportation Committee on April 6, 2015, where it passed with a 15-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958

Date of Hearing: April 6, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1284

Author:(Baker) – As Introduced Ver:February 27, 2015

SUBJECT: Bay Area state-owned toll bridges: Toll Bridge Program Oversight Committee

SUMMARY: Repeals provisions that exempt the Toll Bridge Project Oversight Committee (TBPOC) from open meeting laws.

EXISTING LAW:

1. Directs the Metropolitan Transportation Commission (MTC) and the California Department of Transportation (Caltrans) to establish the TBPOC to consist of the Caltrans director, MTC's executive director, and the executive director of the California Transportation Commission (CTC).

2. Assigns TBPOC with the responsibility to: review the Toll Bridge Seismic Safety Retrofit Program's project status, costs, and schedules; resolve project issues; evaluate project changes; develop and regularly update cost estimates, risk assessments, and cash flow requirements; and provide program direction.

3. Specifically exempts TBPOC from state and local open meeting laws.

4. Declares that it is California's policy that public agencies exist to aid in the conduct of the people's business and that the proceedings of public agencies should be conducted openly so that the public may remain informed.

5. Generally requires, under the Bagley-Keene Open Meeting Act, that all meetings of a state body, as defined, be open and public and that all persons be permitted to attend and participate in any meeting of a state body.

6. Similarly requires, under the Ralph M. Brown Act, that all meetings of a local government body be open and public and that all persons be permitted to attend and participate in any meeting.

FISCAL EFFECT: Unknown

COMMENTS: AB 144 (Hancock), Chapter 71, Statutes of 2005, established TBPOC to provide project oversight and project control for the Toll Bridge Seismic Safety Retrofit Program in California. Provisions of AB 144 specifically exempted the committee from both state and local agency open meeting act requirements for reasons that are not clear from the bill's historical documents.

The author introduced this bill to provide more transparency to TBPOC deliberations. The author cites problems that have plagued the East Span of the San Francisco-Oakland Bay Bridge and related investigations as evidence of the need for greater accountability. The author believes that subjecting TBPOC to open meeting law requirements will lead to greater transparency which will, in turn, lead to greater accountability.

Although TBPOC is specifically exempted from open meeting statutes, it voted in May of last year to adopt open meeting policies. These policies reflect many, but not all, of the requirements set forth in existing law to govern meetings of state and local government bodies. According to MTC, while it has "taken important steps to open our process, we have done so in a way that balances the need for openness with the need to conduct business as efficiently as possible. In short, we believe we are now in full compliance with the spirit of Bagley-Keene while maintaining some differences from the law's literal provisions."

One notable difference between existing open meeting laws and TBPOC's open meeting policy is the manner in which closed sessions are addressed. Existing law allows for public agencies to meet in closed session but only under narrow, specified circumstances and within prescribed notifications procedures. TBPOC's open meeting policy, on the other hand, provides for broad closed sessions, as determined necessary by the members of the committee, and allows the committee to limit reporting on closed sessions at subsequent regular meetings.

The work of the TBPOC will be ending shortly. All of the state-owned toll bridges under its oversight have achieved seismic safety and the one remaining project, the demolition of the old east span of the San Francisco-Oakland Bay Bridge, is due to be completed next year.

Committee concerns:

1. Membership of the TBPOC is made up of employees of two state agencies (Caltrans and CTC) and one local agency (MTC). By deleting the current exemption from open meeting laws, the bill creates ambiguity that should be resolved because it is not clear whether TBPOC should be governed by statutes that apply to state bodies or to local bodies. The bill should be amended to clarify which provisions the author believes should govern the TBPOC.

2. Members of the TBPOC are the director of Caltrans and the executive directors of CTC and of MTC. Caltrans is not defined as a state body under open meeting laws and the executive directors of CTC and MTC are staff to, not members of, the state and local bodies they represent, respectively. Consequently, it is not clear that TBPOC would naturally be considered a state or local body subject to open meeting laws.

Again, to eliminate this ambiguity the bill should be amended to identify which definition of either a state or local body the author believes applies to TBPOC for purposes of subjecting it to open meeting law requirements. Simply deleting the exemption does not provide this clarity.

Double referral: This bill will be referred to the Assembly Local Government Committee

should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093