BILL NUMBER: AB 1358	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno
   (Coauthor: Assembly Member Levine)

                        FEBRUARY 23, 2007

   An act to amend Sections 65040.2 and 65302 of the Government Code,
relating to planning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1358, as introduced, Leno. Planning: circulation element:
transportation.
   (1) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city with specified elements,
including a circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
   This bill would require, commencing January 1, 2009, that the
legislative body of a city or county, upon any revision of the
circulation element of the general plan, modify the circulation
element to specify how this element will provide for the routine
accommodation of all users of the highway, defined to include
motorists, pedestrians, bicyclists, individuals with disabilities,
seniors, and users of public transportation. For this purpose,
routine accommodation is defined to mean that, in the planning,
design, construction, reconstruction, or operation of highways and
other transportation infrastructure, local agencies fully consider
and accommodate all users of the highway as needed to provide for
reasonably safe and convenient travel. By requiring new duties of
local officials, this bill would impose a state-mandated local
program.
   Existing law establishes in the Office of the Governor the Office
of Planning and Research with duties that include developing and
adopting guidelines for the preparation of and content of mandatory
elements required in city and county general plans.
   (2) This bill would require the office, on or before January 1,
2009, to prepare or amend guidelines for a legislative body to
include in the circulation element of its general plan routine
accommodation of all users of the highway and in doing so to consider
how appropriate accommodation varies depending on its transportation
and land use context. It would authorize the office, in developing
these guildelines, to consult with leading transportation experts,
including, but not limited to, bicycle transportation planners,
pedestrian planners, public transportation planners, and disability
and senior mobility planners.
   (3) 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.


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

  SECTION 1.  This act shall be known and may be cited as the
California Complete Streets Act of 2007.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The California Global Warming Solutions Act of 2006, enacted
as Chapter 488 of the Statutes of 2006, sets targets for the
reduction of greenhouse gas emissions in California to slow the onset
of human-induced climate change.
   (b) The California Energy Commission has determined that
transportation represents 41 percent of total greenhouse gas
emissions in California.
   (c) According to the United States Department of Transportation's
2001 National Household Travel Survey, 41 percent of trips in urban
areas nationwide are two miles or less in length, and 66 percent of
urban trips that are one mile or less are made by automobile.
   (d) Shifting the transportation mode share from single passenger
cars to public transit, bicycling, and walking must be a significant
part of short- and long-term planning goals if the state is to
achieve the reduction in the number of vehicle miles traveled and in
greenhouse gas emissions required by current law.
   (e) Walking and bicycling provide the additional benefits of
improving public health and reducing treatment costs for conditions
associated with reduced physical activity including obesity, heart
disease, lung disease, and diabetes. Medical costs associated with
physical inactivity were estimated by the State Department of Health
Care Services to be $28 billion in 2005.
   (f) The California Blueprint for Bicycling and Walking, prepared
pursuant to the Supplemental Report of the Budget Act of 2001, sets
the goal of a 50 percent increase in bicycling and walking trips in
California by 2010, and states that to achieve this goal, bicycling
and walking must be considered in land use and community planning,
and in all phases of transportation planning and project design.
   (g) In order to fulfill the commitment to reduce greenhouse gas
emissions, make the most efficient use of urban land and
transportation infrastructure, and improve public health by
encouraging physical activity, transportation planners must find
innovative ways to reduce vehicle miles traveled and to shift from
short trips in the automobile to biking, walking, and use of public
transit.
  SEC. 3.  Section 65040.2 of the Government Code is amended to read:

   65040.2.  (a) In connection with its responsibilities under
subdivision (l) of Section 65040, the office shall develop and adopt
guidelines for the preparation of and the content of the mandatory
elements required in city and county general plans by Article 5
(commencing with Section 65300) of Chapter 3. For purposes of this
section, the guidelines prepared pursuant to Section 50459 of the
Health and Safety Code shall be the guidelines for the housing
element required by Section 65302. In the event that additional
elements are hereafter required in city and county general plans by
Article 5 (commencing with Section 65300) of Chapter 3, the office
shall adopt guidelines for those elements within six months of the
effective date of the legislation requiring those additional
elements.
   (b) The office may request from each state department and agency,
as it deems appropriate, and the department or agency shall provide,
technical assistance in readopting, amending, or repealing the
guidelines.
   (c) The guidelines shall be advisory to each city and county in
order to provide assistance in preparing and maintaining their
respective general plans.
   (d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.

   (e) The guidelines shall contain advice including recommendations
for best practices to allow for collaborative land use planning of
adjacent civilian and military lands and facilities. The guidelines
shall encourage enhanced land use compatibility between civilian
lands and any adjacent or nearby military facilities through the
examination of potential impacts upon one another.
   (f) The guidelines shall contain advice for addressing the effects
of civilian development on military readiness activities carried out
on all of the following:
   (1) Military installations.
   (2) Military operating areas.
   (3) Military training areas.
   (4) Military training routes.
   (5) Military airspace.
   (6) Other territory adjacent to those installations and areas.
   (g) By March 1, 2005, the guidelines shall contain advice,
developed in consultation with the Native American Heritage
Commission, for consulting with California Native American tribes for
all of the following:
   (1) The preservation of, or the mitigation of impacts to, places,
features, and objects described in Sections 5097.9 and 5097.993 of
the Public Resources Code.
   (2) Procedures for identifying through the Native American
Heritage Commission the appropriate California Native American
tribes.
   (3) Procedures for continuing to protect the confidentiality of
information concerning the specific identity, location, character,
and use of those places, features, and objects.
   (4) Procedures to facilitate voluntary landowner participation to
preserve and protect the specific identity, location, character, and
use of those places, features, and objects.
   (h) The office shall provide for regular review and revision of
the guidelines established pursuant to this section. 
   (i) (1) On or before January 1, 2009, the office shall prepare or
amend guidelines for a legislative body to include in the circulation
element of its general plan routine accommodation of all users of
the highway. In developing guidelines, the office shall consider how
appropriate accommodation varies depending on its transportation and
land use context, and may consult with leading transportation experts
including, but not limited to, bicycle transportation planners,
pedestrian planners, public transportation planners, and disability
and senior mobility planners.  
   (2) For purposes of this subdivision, the following terms have the
following meanings:  
   (A) "Routine accommodation" means that, in the planning, design,
construction, reconstruction, or operation of highways and other
transportation infrastructure, local agencies fully consider and
accommodate all users of the highway as needed to provide for
reasonably safe and convenient travel.  
   (B) "All users of the highway" means motorists, pedestrians,
bicyclists, individuals with disabilities, seniors, and users of
public transportation. 
  SEC. 4.  Section 65302 of the Government Code is amended to read:
   65302.  The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
   (a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The land use element shall include a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan.
The land use element shall identify areas covered by the plan which
are subject to flooding and shall be reviewed annually with respect
to those areas. The land use element shall also do both of the
following:
   (1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) (1)    A circulation element consisting of
the general location and extent of existing and proposed major
thoroughfares, transportation routes, terminals, any military
airports and ports, and other local public utilities and facilities,
all correlated with the land use element of the plan. 
   (2) Commencing January 1, 2009, upon any revision of the
circulation element of the general plan, the legislative body shall
modify the circulation element to specify how this element will
provide for the routine accommodation of all users of the highway.
 
   (3) For purposes of this subdivision, the following terms have the
following meanings:  
   (A) "Routine accommodation" means that, in the planning, design,
construction, reconstruction, or operation of highways and other
transportation infrastructure, local agencies fully consider and
accommodate all users of the highway as needed to provide for
reasonably safe and convenient travel. 
   (B) "All users of the highway" means motorists, pedestrians,
bicyclists, individuals with disabilities, seniors, and users of
public transportation. 
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources. The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared. Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county. The conservation element
may also cover the following:
   (1) The reclamation of land and waters.
   (2) Prevention and control of the pollution of streams and other
waters.
   (3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (5) Protection of watersheds.
   (6) The location, quantity and quality of the rock, sand and
gravel resources.
   (7) Flood control.
   (e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn). The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.

   (g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wild land and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
   (1) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation and the Office of Emergency Services for the purpose of
including information known by and available to the department and
the office required by this subdivision.
   (2) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
  SEC. 5.  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.