BILL NUMBER: AB 1396 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
INTRODUCED BY Assembly Member Laird
FEBRUARY 23, 2007
An act to amend Sections 14012 and 65080 of
of, and to add Section 65080.1 to, the Government Code,
and to amend Section 31408 of the Public Resources Code, relating to
coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1396, as amended, Laird. California Coastal Trail.
(1) Existing law authorizes the Legislature to transfer excess
specified coastal zone property to specified agencies, including the
State Coastal Conservancy, under specified circumstances.
This bill would require the Department of Transportation, for the
purposes of existing law, to notify specified agencies on a quarterly
basis, including the State Coastal Conservancy, of excess property.
(2) Existing law requires designated transportation planning
agencies to prepare and adopt a regional transportation plan that
includes a policy element, an action element, and a financial
element. The plan is required to be directed at achieving a
coordinated and balanced regional transportation system.
This bill would require those transportation planning agencies,
with whose jurisdiction over
components includes a portion of the California
Coastal Trail or property designated for the coastal trail
, as specified, to coordinate with specified agencies regarding
development of the coastal trail, and to include provisions for the
coastal trail in their regional transportation plans. Because the
bill thereby would increase the duties of local agencies, it would
impose a state-mandated local program.
(3) Existing law requires the State Coastal Conservancy, in
consultation with the Department of Parks and Recreation and the
California Coastal Commission, to coordinate the development of the
California Coastal Trail.
The bill would require the conservancy to also consult with the
Department of Transportation in coordinating development of the
coastal trail.
(4) 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. The Legislature finds and declares all of the
following:
(a) The California Coastal Act of 1976 required local
jurisdictions to identify an alignment for the California Coastal
Trail in their local coastal plans to be, ideally, continuous and
located along the shoreline.
(b) In 1999, the Governor designated the California Coastal Trail
as California's Millennium Legacy Trail.
(c) In 1999, the White House Millennium Trail Council encouraged
federal agencies to assist in the development of the California
Coastal Trail.
(d) Assembly Concurrent Resolution 20 of the 2001-02 Regular
Session declared the California Coastal Trail to be an official state
trail and urged the State Coastal Conservancy and the California
Coastal Commission to work collaboratively to complete the trail.
(e) Senate Bill 908 of the 2001-02 Regular Session required the
State Coastal Conservancy, in consultation with the Department of
Parks and Recreation and the California Coastal Commission, to
coordinate the development of the California Coastal Trail.
(f) Senate Bill 908 authorized the State Coastal Conservancy to
award grants and provide assistance to public agencies and nonprofit
organizations to establish and expand inland trail systems that may
be linked to the California Coastal Trail. Division 21 (commencing
with Section 31000) of the Public Resources Code expresses the
Legislature's intent that the State Coastal Conservancy have a
principal role in the implementation of a system of public accessways
to and along the state's coastline, and provides authority to the
State Coastal Conservancy to award grants to public agencies and
nonprofit organizations to acquire land, or any interest therein, or
to develop, operate, or manage lands for public access purposes to
and along the coast, on terms and conditions as the State Coastal
Conservancy specifies.
(g) Senate Bill 908 directed state entities with property
interests or regulatory authority in coastal areas, to the extent
feasible, and consistent with their individual mandate, to cooperate
with the State Coastal Conservancy with respect to planning and
making lands available for completion of the California Coastal
Trail.
(h) Senate Bill 908 directed that the California Coastal Trail be
developed in a manner that demonstrates respect for property rights
and nearby residential uses, and consideration for the protection of
the privacy of adjacent property owners.
SEC. 2. Section 14012 of the Government Code is amended to read:
14012. (a) The director may sell or lease excess right-of-way
parcels to municipalities or other local agencies for public
purposes, and may accept as all or part of the consideration for such
sale or lease any substantial benefits the state will derive from
the municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state.
(b) For the purposes of Section 9 of Article 19 of the California
Constitution, the department shall notify, on a quarterly basis, the
State Coastal Conservancy, the Department of Parks and Recreation,
the Wildlife Conservation Board, and the Department of Fish and Game
of excess property.
SEC. 3. Section 65080 of the Government Code is
amended to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall include all of the
following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators including, but not limited to, all of the
following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, vehicle hours of delay per capita and vehicle miles
traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing existing
sources of information. No additional traffic counts, household
surveys, or other sources of data shall be required.
(2) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all projects
proposed for development during the 20-year life of the plan.
The action element shall consider congestion management
programming activities carried out within the region.
(3) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. A county transportation commission created
pursuant to Section 130000 of the Public Utilities Code shall be
responsible for recommending projects to be funded with regional
improvement funds, if the project is consistent with the regional
transportation plan. The first five years of the financial element
shall be based on the five-year estimate of funds developed pursuant
to Section 14524. The financial element may recommend the development
of specified new sources of revenue, consistent with the policy
element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation. A
transportation planning agency located in a federally designated air
quality attainment area or that does not contain an urbanized area
may at its option adopt and submit a regional transportation plan
every five years. When applicable, the plan shall be consistent with
federal planning and programming requirements and shall conform to
the regional transportation plan guidelines adopted by the California
Transportation Commission. Prior to adoption of the regional
transportation plan, a public hearing shall be held after the giving
of notice of the hearing by publication in the affected county or
counties pursuant to Section 6061.
(e) Each transportation planning agency, with jurisdiction over
components of the California Coastal Trail located within the coastal
zone, as defined in Section 30103 of the Public Resources Code,
shall coordinate with the State Coastal Conservancy, the California
Coastal Commission, and the Department of Transportation regarding
development of the California Coastal Trail, and each transportation
planning agency shall include provisions for the California Coastal
Trail in its regional transportation plan.
SEC. 3. Section 65080.1 is added to the
Government Code , to read:
65080.1. Each transportation planning agency designated under
Section 29532 or 29532.1 whose jurisdiction includes a portion of the
California Coastal Trail, or property designated for the trail, that
is located within the coastal zone, as defined in Section 30103 of
the Public Resources Code, shall coordinate with the State Coastal
Conservancy, the California Coastal Commission, and the Department of
Transportation regarding development of the California Coastal
Trail, and each transportation planning agency shall include
provisions for the California Coastal Trail in its regional plan,
under Section 65080.
SEC. 4. Section 31408 of the Public Resources Code is amended to
read:
31408. (a) The conservancy shall, in consultation with the
Department of Parks and Recreation, the California Coastal
Commission, and the California Department of Transportation,
coordinate the development of the California Coastal Trail.
(b) To the extent feasible, and consistent with their individual
mandates, each agency, board, department, or commission of the state
with property interests or regulatory authority in coastal areas
shall cooperate with the conservancy with respect to planning and
making lands available for completion of the trail, including
constructing trail links, placing signs and managing the trail.
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.
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