BILL NUMBER: AB 1358	CHAPTERED
	BILL TEXT

	CHAPTER  657
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 27, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN SENATE  AUGUST 20, 2008
	AMENDED IN SENATE  AUGUST 11, 2008
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  APRIL 23, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

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, 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, 2011, that the
legislative body of a city or county, upon any substantive revision
of the circulation element of the general plan, modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways, defined to include motorists, pedestrians, bicyclists,
children, persons with disabilities, seniors, movers of commercial
goods, and users of public transportation, in a manner that is
suitable to the rural, suburban, or urban context of the general
plan. By requiring new duties of local officials, this bill would
impose a state-mandated local program.
   (2) 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.
   This bill would require the office, commencing January 1, 2009,
and no later than January 1, 2014, upon the next revision of these
guidelines, to prepare or amend guidelines for a legislative body to
accommodate the safe and convenient travel of users of streets,
roads, and highways in a manner that is suitable to the rural,
suburban, or urban context of the general plan, 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 guidelines, to consult with leading
transportation experts, including, but not limited to, bicycle
transportation planners, pedestrian planners, public transportation
planners, local air quality management districts, 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 no reimbursement is required by this
act for a specified reason.



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 2008.
  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 State Energy Resources Conservation and Development
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.
   (h) It is the intent of the Legislature to require in the
development of the circulation element of a local government's
general plan that the circulation of users of streets, roads, and
highways be accommodated in a manner suitable for the respective
setting in rural, suburban, and urban contexts, and that users of
streets, roads, and highways include bicyclists, children, persons
with disabilities, motorists, movers of commercial goods,
pedestrians, public transportation, and seniors.
  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) Commencing January 1, 2009, but no later than January 1, 2014,
upon the next revision of the guidelines pursuant to subdivision
(i), the office shall prepare or amend guidelines for a legislative
body to accommodate the safe and convenient travel of users of
streets, roads, and highways in a manner that is suitable to the
rural, suburban, or urban context of the general plan, pursuant to
subdivision (b) of Section 65302.
   (1) In developing guidelines, the office shall consider how
appropriate accommodation varies depending on its transportation and
land use context, including urban, suburban, or rural environments.
   (2) The office may consult with leading transportation experts
including, but not limited to, bicycle transportation planners,
pedestrian planners, public transportation planners, local air
quality management districts, and disability and senior mobility
planners.
   (i) The office shall provide for regular review and revision of
the guidelines established pursuant to this section.
  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 location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). 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 and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. 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) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
   (B) For purposes of this paragraph, "users of streets, roads, and
highways" means bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) (1) 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, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in 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.
   (2) The conservation element may also cover all of the following:
   (A) The reclamation of land and waters.
   (B) Prevention and control of the pollution of streams and other
waters.
   (C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (E) Protection of watersheds.
   (F) The location, quantity and quality of the rock, sand and
gravel resources.
   (3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
   (e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
   (f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control 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:
   (A) Highways and freeways.
   (B) Primary arterials and major local streets.
   (C) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (D) 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.
   (E) Local industrial plants, including, but not limited to,
railroad classification yards.
   (F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   (2) 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.
   (3) 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.
   (4) 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) (1) 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 wildland 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.
   (2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
   (A) Identify information regarding flood hazards, including, but
not limited to, the following:
   (i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of a flood hazard zone does not
imply that areas outside the flood hazard zones or uses permitted
within flood hazard zones will be free from flooding or flood damage.

   (ii) National Flood Insurance Program maps published by FEMA.
   (iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
   (iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
   (v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
   (vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
   (vii) Maps of levee protection zones.
   (viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
   (ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
   (x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
   (xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
   (B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
   (i) Avoiding or minimizing the risks of flooding to new
development.
   (ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
   (iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
   (iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
   (v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
   (C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
   (3) After the initial revision of the safety element pursuant to
paragraph (2), upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during the
previous revision of the safety element.
   (4) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
   (5) 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, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services for the purpose of
including information known by and available to the department, the
office, and the board required by this subdivision.
   (6) 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.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.