66500-66536.2

GOVERNMENT CODE
SECTION 66500-66536.2




66500.  This title shall be known as the Metropolitan Transportation
Commission Act.



66502.  There is hereby created, as a local area planning agency and
not as a part of the executive branch of the state government, the
Metropolitan Transportation Commission to provide comprehensive
regional transportation planning for the region comprised of the City
and County of San Francisco and the Counties of Alameda, Contra
Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma.
   As used in this title, "region" means the region described in this
section.


66503.  The commission shall consist of 19 members as follows:
   (a) Two members each from the City and County of San Francisco and
the Counties of Alameda, Contra Costa, San Mateo, and Santa Clara.
With respect to the members from San Francisco, the mayor shall
appoint one member and the board of supervisors shall appoint one
member. With respect to the members from Alameda, Contra Costa, San
Mateo, and Santa Clara Counties, the city selection committee
organized in each county pursuant to Article 11 (commencing with
Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5, shall
appoint one member and the board of supervisors shall appoint one
member.
   (b) One member each from Marin, Napa, Solano, and Sonoma Counties.
The city selection committee of these counties shall furnish to the
board of supervisors the names of three nominees and the board of
supervisors shall appoint one of the nominees to represent the
county.
   (c) One representative each appointed by the Association of Bay
Area Governments and the San Francisco Bay Conservation and
Development Commission.
   (d) One representative, who shall be a nonvoting member, appointed
by the Secretary of the Business, Transportation and Housing Agency.
   (e) One representative each appointed by the United States
Department of Transportation and Department of Housing and Urban
Development. However, these representatives shall serve only if the
agencies they represent are amenable to these appointments. These
representatives shall be nonvoting members.
   (f) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.



66504.  Each commissioner's term of office is four years. A
commissioner appointed as a public officer vacates his commission
seat upon ceasing to hold such public office unless the appointing
authority consents to completion of the term of office. Commissioners
shall be selected for their special familiarity with the problems
and issues in the field of transportation.



66504.1.  The members shall serve without compensation, but shall
receive reimbursement for actual and necessary expenses incurred in
connection with the performance of their duties. However, in lieu of
this reimbursement for attendance at commission or committee
meetings, each member of the commission may receive a per diem of one
hundred dollars ($100), but not to exceed a combined total of five
meetings in any one calendar month, plus the necessary traveling
expenses as may be authorized by the commission. The commission shall
pay all costs pursuant to this section.



66505.  The commission shall appoint an executive director who shall
have charge of administering the affairs of the commission, subject
to the direction and policies of the commission.
   The executive director shall, subject to the approval of the
commission, appoint such employees as may be necessary to carry out
the functions of the commission.



66506.  The commission may:
   (a) Accept grants, contributions, and appropriations from any
public agency, private foundation, or individual.
   (b) Appoint committees from its membership and appoint advisory
committees from other interested public and private groups.
   (c) Contract for or employ any professional services required by
the commission or for the performance of work and services which in
its opinion cannot satisfactorily be performed by its officers and
employees or by other federal, state, or local governmental agencies.
   (d) Do any and all other things necessary to carry out the
purposes of this title.


66507.  The commission shall assume the planning and related
responsibilities of the Bay Area Transportation Study Commission and
its interim successor, the Regional Transportation Planning
Committee. The files and planning data of the two organizations shall
be transferred to the commission.



66508.  The commission shall adopt, by June 30, 1973, a regional
transportation plan for the region. Prior to the adoption of such a
plan, the operation, construction, and modification of those
transportation systems under the purview of the commission may be
undertaken without the approval of the commission.



66509.  In developing the regional transportation plan, the
commission shall consider:
   (a) The plan recommended by the Bay Area Transportation Study
Commission, with such modifications recommended by the Regional
Transportation Planning Committee.
   (b) The ecological, economic, and social impact of existing and
future regional transportation systems upon various facets of the
region, including, but not limited to, housing, employment,
recreation, environment, land-use policies, and the economically
disadvantaged.
   (c) The regional plans prepared and adopted by organizations
concerned with policies and programs designed to meet the near- and
long-term planning needs of the region. Such consideration by the
commission shall include, but not be limited to, plans prepared and
adopted by the Association of Bay Area Governments, the San Francisco
Bay Conservation and Development Commission, and the State Office of
Planning.


66510.  The regional transportation plan shall include, but not be
limited to, the following segments of the regional transportation
system:
   (a) The national system of interstate and defense highways, the
California freeway and expressway system, and other highways within
the state highway system.
   (b) The transbay bridges.
   (c) Mass transit systems.
   The commission shall pay particular attention to the interfacing
of the various modes of transportation.



66511.  The regional transportation plan shall also include an
estimate of the regional transportation needs during the ensuing 10
years and a schedule of priorities for the construction,
modification, and maintenance of various segments of the regional
transportation system on a project basis to meet such needs.



66512.  In addition, the regional transportation plan shall include
a financial plan for the regional transportation system. The
financial plan shall include a proposal for each segment of the
system, including the amount and sources of revenues necessary to
construct and operate that segment.
   In developing the financial plan, the commission shall consider
various sources of revenues, without regard to any constraints
imposed by law on expenditures from such sources, necessary to assure
adequate financing of the system and, if necessary, recommend
appropriate legislation to the Legislature to secure such financing.



66513.  The regional transportation plan shall be subjected to
continuous review by the commission, with revisions prepared as the
need may arise. The commission shall adopt revisions to the plan,
consistent with Section 65080.


66514.  The construction of any transbay bridge in the region shall
not be commenced without the approval of the commission. This section
shall not apply to modifications of existing bridges, except
modifications which provide for the construction of additional lanes
of traffic on existing bridges or for the construction of rapid
transit facilities on existing bridges.



66515.  No public multicounty transit system using an exclusive
right-of-way which is proposed to be constructed within the region
shall be constructed or operated without the approval of the
commission.


66515.5.  Any public multicounty transit system entirely within the
region using an exclusive right-of-way shall incorporate physical
characteristics compatible with the system of the San Francisco Bay
Area Rapid Transit District, and provision shall be made for the
unified management and operation of any interconnecting facilities.




66516.  The commission, in coordination with the regional transit
coordinating council established by the commission pursuant to
Section 29142.4 of the Public Utilities Code, shall adopt rules and
regulations to promote the coordination of fares and schedules for
all public transit systems within its jurisdiction. The commission
shall require every system to enter into a joint fare revenue sharing
agreement with connecting systems consistent with the commission's
rules and regulations.



66516.5.  The commission may do the following:
   (a) In consultation with the regional transit coordinating
council, identify those functions performed by individual public
transit systems that could be consolidated to improve the efficiency
of regional transit service, and recommend that those functions be
consolidated and performed through inter-operator agreements or as
services contracted to a single entity.
   (b) Improve service coordination and effectiveness in those
transit corridors identified as transit corridors of regional
significance by the commission in consultation with the regional
transit coordinating council by recommending improvements in those
corridors, including, but not limited to, reduction of duplicative
service and institution of coordinated service across public transit
system boundaries.



66517.  The commission shall render all available assistance to
transit systems operated within the region by any city or public
agency to ensure adequate feeder service to public multicounty
transit systems.


66517.5.  The commission shall develop regional transit service
objectives, develop performance measures of efficiency and
effectiveness, specify uniform data requirements to assess public
transit service benefits and costs, and formulate procedures for
establishing regional transportation priorities in the allocation of
funds for transportation purposes.
   The commission shall also establish and maintain standards
relating to:
   (a) A standardized reporting and accounting system under which
public transit operators shall make quarterly reports to the
commission on their revenues and expenditures and submit their annual
proposed and adopted budgets for comment and evaluation. The system
shall be consistent with the uniform system of accounts and records
adopted by the State Controller pursuant to Section 99243 of the
Public Utilities Code.
   (b) Maintenance of established levels of local support for public
transit system operations.
   (c) Operating efficiency and cost control.



66518.  When allocating funds for construction on the state highway
system within the region, the California Transportation Commission
shall conform to the regional transportation plan and the schedule of
priorities for such construction included therein. The California
Transportation Commission, however, may deviate from the regional
transportation plan and the schedule of priorities established for
construction on the interstate system and the state highway system
within the region because of an overriding statewide interest.



66520.  Any application to the federal or state government for any
grant of money, whether an outright or a matching grant, by any
county, city and county, city, or transportation district within the
region shall, if it contains a transportation element, first be
submitted to the commission for review as to its compatibility with
the regional transportation plan. The commission shall approve and
forward only those applications that are compatible with the plan.
   Review by the commission, however, is not required where revenues
derived from the Motor Vehicle Fuel License Tax Law are subvented to
local governmental entities in accordance with statutory provisions.



66521.  (a) It is the intention of the Legislature that the federal
government, the state, and local agencies in the region will
participate in support of the commission. The Legislature further
intends that financial support of the activities of the commission
will be made available from federal, state, and local sources
normally available for transportation and general planning purposes
in the region.
   (b) The commission and the Business, Transportation and Housing
Agency shall negotiate contracts or agreements whereby federal-aid
highway funds available for planning, and the necessary state
matching funds from the State Highway Account in the State
Transportation Fund, may be made available for support of the
activities of the commission insofar as they relate to highway, road,
and street planning for the region.
   (c) The commission shall also negotiate, either directly or
through the Office of Planning and Research or other appropriate
agency, with the United States Department of Housing and Urban
Development for grants or contributions of federal funds which may be
available to support the study and planning activities of the
commission.
   (d) The commission shall negotiate equitable agreements with the
City and County of San Francisco, and other counties and cities
within the region, the Association of Bay Area Governments, the San
Francisco Bay Area Rapid Transit District, the Alameda-Contra Costa
Transit District, and the Golden Gate Bridge, Highway and
Transportation District for the contribution of funds or services for
the general support of the activities of the commission and for
required matching of federal funds as may be made available. Any
county, city and county, or city may use its apportionments from the
Motor Vehicle License Fee Account in the Transportation Tax Fund for
these purposes.



66522.  The commission shall merge with or otherwise join any
multifunctional regional government organization, if it has
transportation planning responsibilities, within one year of the
creation of such an organization.



66525.  The commission shall administer any county transportation
expenditure plan which includes a provision that the commission shall
implement a retail transactions and use tax pursuant to Division
12.5 (commencing with Section 131000) of the Public Utilities Code.




66530.  The commission shall continue to actively, on behalf of the
entire region, seek to assist in the development of adequate funding
sources to develop, construct, and support transportation projects
that it determines essential.


66531.  (a) Each county within the jurisdiction of the commission,
together with the cities and transit operators within the county,
may, every two years, develop and update a transportation plan for
the county and the cities within the county. The county
transportation plan shall be submitted to the commission by the
agency that has been designated as the agency responsible for
developing, adopting and updating the county's congestion management
program pursuant to Section 65089, unless, not later than January 1,
1995, another public agency is designated by resolutions adopted by
the county board of supervisors and the city councils of a majority
of the cities representing a majority of the population in the
incorporated area of the county. Nothing in this section requires
additional action by the cities and county, if a joint powers
agreement delegates the responsibility for the county transportation
plan to the agency responsible for developing, adopting, and updating
the county's congestion management program pursuant to Section
65089.
   (b) The county transportation plans shall be consistent with, and
provide a long-range vision for, the congestion management programs
in the San Francisco Bay area prepared pursuant to Section 65089. The
county transportation plans shall also be responsive to the planning
factors included in Section 134 of the federal Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240).
   (c) The commission, in consultation with local agencies, shall
develop guidelines to be used in the preparation of county
transportation plans. These guidelines shall be consistent with the
commission's preparation of the regional transportation plan pursuant
to Section 65081. These plans shall include recommendations for
investment necessary to mitigate the impact of congestion caused by
an airport that is owned by the county, or city and county, and
located in another county. The plans may include, but are not limited
to, the following:
   (1) Recommendations for investments necessary to sustain the
effectiveness and efficiency of the county portion of the
metropolitan transportation system, as defined cooperatively by the
commission and the agency designated pursuant to Section 65089.
   (2) Consideration of transportation system and demand management
strategies which reinforce the requirements contained in Section
65089.
   (3) Consideration of transportation impacts associated with land
use designations embodied in the general plans of the county and
cities within the county and projections of economic and population
growth available from the Association of Bay Area Governments.
   (4) Consideration of strategies that conserve existing
transportation system capacity, such as pricing policies or long-term
land use and transportation integration policies jointly developed
by the commission and the agencies designated pursuant to Section
65089.
   (5) Consideration of expected transportation revenues as estimated
by the commission, the impact of these estimated revenues on
investment recommendations, and options for enhanced transportation
revenues.
   (d) The commission shall adopt revised guidelines not later than
January 1, 1995.
   (e) The county transportation plan shall include recommended
transportation improvements for the succeeding 10- and 20-year
periods.
   (f) The county transportation plans shall be the primary basis for
the commission's regional transportation plan and shall be
considered in the preparation of the regional transportation
improvement program. To provide regional consistency, the county
transportation plans shall consider the most recent regional
transportation plan adopted by the commission. Where the counties'
transportation plans conflict, the commission may resolve the
differences as part of the regional transportation plan. The
commission shall add proposals and policies of regional significance
to the regional transportation plan.
   (g) With the consent of the commission, a county may have the
commission prepare its county transportation plan.
   (h) The counties, together with the commission, shall jointly
develop a funding strategy for the preparation of each county's
transportation plan.



66532.  The commission shall develop an emergency transportation
system management plan which defines the continuing emergency
services required during reconstruction of highway facilities which
have been rendered inoperable by the earthquake.
   The plan shall be in effect for the period of time needed to
restore the damaged sections of State Route 880 in the County of
Alameda and State Route 280 and the Embarcadero Freeway in the City
and County of San Francisco.
   It is the intent of the Legislature that funding shall be provided
for those services by subsequent actions of the Legislature.



66535.  (a) Not later than July 1, 2003, the commission shall
establish performance measurement criteria on both a project and
corridor level to evaluate all new transportation projects and
programs (investments) that have not yet been identified as "Track
One Investments" in the 2002 regional transportation plan. These
performance measures shall apply to proposed projects, and the impact
those projects will have on their respective corridors. The
commission shall utilize these performance measurements to evaluate
and prioritize alternative transportation investments in order to
meet the goals and objectives for each corridor for inclusion in the
2004 regional transportation plan.
   (b) The commission shall adopt goals and measurable objectives for
planning corridors and subcorridors delineated by the commission.
These goals and objectives shall be compatible and consistent with
the requirements of the performance measurement criteria established
by the commission pursuant to subdivision (a) for inclusion in the
2004 regional transportation plan.
   (c) Any costs associated with this section incurred by the
commission shall be paid solely from funds provided pursuant to
Section 99233.2 of the Public Utilities Code. If there is
insufficient funding from this source, the commission is not required
to perform the functions described in this section.




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.



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. Effective January 1, 2011, a
majority of the representatives appointed to the joint policy
committee by the San Francisco Bay Conservation and Development
Commission shall be locally elected officials.
   (c) The joint policy committee shall coordinate the development
and drafting of major planning documents prepared by ABAG, MTC, the
Bay Area Air Quality Management District, and the San Francisco Bay
Conservation and Development Commission, including reviewing and
commenting on major interim work products and the final draft
comments prior to action by ABAG, MTC, the Bay Area Air Quality
Management District, and the San Francisco Bay Conservation and
Development Commission. 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.
   (4) The San Francisco Bay Plan and related documents.




66536.2.  (a) The Legislature finds and declares:
   (1) The Association of Bay Area Governments, the Bay Area Air
Quality Management District, and the Metropolitan Transportation
Commission have been working together through a joint policy
committee to coordinate and improve the quality of land use,
transportation, and air quality planning in the Bay Area.
   (2) The San Francisco Bay Conservation and Development Commission
has comprehensive planning and regulatory authority in all nine Bay
Area counties for the San Francisco Bay, Suisun Marsh, their
respective shorelines, certain waterways, salt ponds, and managed
wetlands, and through that authority plays a critical role in the
land use and transportation future of the Bay Area.
   (3) The San Francisco Bay Conservation and Development Commission
has an active interest in regional planning, as it has expressed a
desire to join the joint policy committee, and the joint policy
committee has determined it would benefit by adding the San Francisco
Bay Conservation and Development Commission as a member.
   (b) The joint policy committee shall include the San Francisco Bay
Conservation and Development Commission as a represented agency with
an equal number of committee members as other represented agencies
by January 1, 2009.