BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 375|
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THIRD READING
Bill No: SB 375
Author: Steinberg (D)
Amended: 6/4/07
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/23/07
AYES: Simitian, Florez, Kuehl, Lowenthal, Steinberg
NOES: Runner, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 10-6, 5/31/07
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Steinberg, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Battin
SUBJECT : Transportation planning: travel demand models:
environmental review
SOURCE : California League of Conservation Voters
Natural Resources Defense Council
DIGEST : This bill requires that the California
Transportation Commission (CTC) prepare and adopt by April
1, 2008, specific guidelines for the travel demand models
used in the development of regional transportation plans by
certain regional transportation planning agencies. This
bill requires the Department of Transportation to assist
the CTC in the preparation of the guidelines, if requested
to do so by the CTC. This bill also requires the Air
CONTINUED
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Resources Board to provide each region with greenhouse gas
emission reduction targets for 2020 and 2050.
ANALYSIS :
Existing law:
1. Establishes the CTC and sets various duties and
procedures for the CTC [(Section 14500 et seq. of the
Government Code (GOV)].
2. Establishes the Department of Transportation (Caltrans),
with various responsibilities.
3. Designates regional transportation planning agencies
(RTPAs) (GOV Section 29532.1) and provides for formation
of a local transportation planning commission (GOV
Section 29532).
4. Under Long Range Transportation Planning Law (GOV
Section 65070 et seq.), requires the California
Transportation Plan to include policy, strategies, and
recommendations elements; requires Caltrans to prepare a
federal transportation improvement program and annually
submit the program to the United States Secretary of
Transportation.
5. Under Transportation Planning and Programming Law (GOV
Section 65080 et seq.):
A. Requires RTPAs to prepare and adopt a regional
transportation plan that contains a policy element,
action element, and financial element.
B. Authorizes RTPAs to designate special corridors,
requires preparation of a five-year regional
transportation improvement program (RTIP), authorizes
Caltrans to prepare a project studies report for
capacity-increasing highway projects, and requires
Caltrans to prepare guidelines for project studies by
other entities.
6. Under Congestion Management Law (GOV Section 65088 et
seq.), authorizes a city or county to designate an
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infill opportunity zone that must be consistent with any
general plan and specific plan.
7. Under the California Environmental Quality Act (CEQA)
(Section 21000 et seq. of the Public Resources Code),
requires lead agencies with the principal responsibility
for carrying out or approving a proposed discretionary
project to prepare a negative declaration, mitigated
declaration, or environmental impact report for this
action, unless the project is exempt from CEQA (CEQA
includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines).
This bill:
1. Requires the CTC to adopt guidelines by April 1, 2008
for the use of travel demand models in regional
transportation plans (RTPs) that would assess the impact
of certain policy choices for (a) federally designated
metropolitan organizations, (b) county transportation
agencies in areas that have been designated as
nonattainment areas under the federal Clean Air Act, and
(c) in the counties of Imperial, Los Angeles, Orange,
Riverside, San Bernardino, and Ventura, the agency
Southern California Association of Governments.
2. Requires large RTPAs to incorporate the regional travel
demand model into RTPs, as specified in the CTC
guidelines, and report to CTC on how the model supports
corridor and small area planning.
3. Requires RTPAs to develop a "preferred growth scenario"
(PGS) that is consistent with the state planning
priorities, identifies sufficient housing for all
populations in the region, identifies significant
resource and farmland in the region that would be
excluded from development, complies with the federal
Clean Air Act, inventories the region's greenhouse gas
emissions, and establishes measures to reduce these
emissions. The PGS would be included into the RTP.
4. Requires projects and improvements that are included in
the RTIP to be consistent with the RTP and PGS in order
to receive funding after January 1, 2009.
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5. Authorizes exemptions from specified CEQA requirements
for certain projects within an eligible local
jurisdiction that has amended the general plan so that
the land use, circulation, housing, and open space
elements are consistent with the PGS.
6. Exempt projects programmed in the 2006 and 2008 State
Transportation Improvement Program, as well as specified
bond-funded projects, from the requirement of
consistency with the RTP and PGS in order to receive
funding as of January 1, 2008.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
CTC guidelines up to $200
Special*
Caltrans travel models absorbable costs to provide
assistance Special*
Caltrans PGS require- unknown, potentially
significant costs Special*
ments to comply w/PGS requirements
Air Resources Board $330 $300
Special**
emission targets/models
Local mandate (new unknown reimbursable mandate
costs General
RTP requirements) to include updated travel modeling and
PGS information in RTPs
* State Highway Account
**Motor Vehicle Account and Air Pollution Control Fund
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SUPPORT : (Verified 6/1/07)
California League of Conservation Voters (co-source)
Natural Resources Defense Council (co-source)
American Farmland Trust
American Lung Association
California Coalition for Rural Housing
Coalition for Clean Air
Defenders of Wildlife
Environment California
New Voice of Business
Planning and Conservation League
Southern California Association of Governments
Trust for Public Land
OPPOSITION : (Verified 6/1/07)
Associated General Contractors of California
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Hotel and Lodging Association
California Major Builders Council
California Manufacturers and Technology Association
California Retailers Association
Consulting Engineers and Land Surveyors of California
County of San Diego
Department of Finance
Inland Empire Transportation Council
Orange County Business Council
Resource Landowners Coalition
Transportation California
ARGUMENTS IN SUPPORT : According to the author, "Current
planning models used for transportation decisions and air
quality planning must be improved to assess policy choices.
This includes encouraging more compact development
patterns, expanding transit service, creating walkable
communities, and providing incentives. It is also
necessary to achieve significant greenhouse gas reductions
from changed land use patterns and improved transportation
to meet AB 32 standards." The author notes that
"transportation and CEQA incentives are needed for greater
housing choices, shorter commutes, reduced climate
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emissions, less air pollution, less fossil fuel
consumption, and greater conservation of farmlands and
habitat."
ARGUMENTS IN OPPOSITION : According to the Department of
Finance they are opposed to this bill for the following
reasons:
"The bill could result in a potentially costly
reimbursable state mandate by requiring local agencies to
either alter existing travel models or acquire new travel
models to include new assumptions.
"Few or none of the existing models currently in use by
RTPAs could comply, so most or all would need to either
reprogram existing models or develop new models.
"It is possible that substantial data collection would be
required in order to develop the new formulas in these
models and to populate them with data on local
attributes. Development of improved models is underway
by Caltrans and several other agencies. There is no
accepted best practice at present and further research
efforts are needed before any new modeling technique is
mandated."
TSM:mw 6/5/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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