BILL ANALYSIS                                                                                                                                                                                                    

          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Steinberg
                                                         VERSION: 8/22/08
          Analysis by: Mark Stivers                      FISCAL:  yes
          Hearing date: August 29, 2008


          Transportation and land use planning and the California  
          Environmental Quality Act (CEQA)


          This bill 1) requires the Air Resources Board to provide each  
          region with greenhouse gas emission reduction targets for the  
          automobile and light truck sector; 2) requires a regional  
          transportation plan to include a Sustainable Communities  
          Strategy designed to achieve the targets for greenhouse gas  
          emission reduction; 3) requires the California Transportation  
          Commission to maintain guidelines for travel demand models; 4)  
          requires cities and counties, in general, to revise their  
          housing elements every eight years in conjunction with the  
          regional transportation plan and complete any necessary  
          rezonings within a specific time period; and 5) relaxes CEQA  
          requirements for housing developments that are consistent with a  
          Sustainable Communities Strategy.  

          AB 32 and greenhouse gas emission reductions

          In 2006, the Legislature enacted AB 32 (Nu?ez), Chapter 488, the  
          Global Warming Act of 2006, which requires the Air Resources  
          Board (ARB) to establish a statewide greenhouse gas emissions  
          limit such that by 2020 California reduces its greenhouse gas  
          emissions to the level they were in 1990.  Thereafter, ARB must  
          adopt the maximum feasible and cost-effective reductions in  
          greenhouse gas emissions for sources subject to the Act.  One of  
          the potential strategies for reducing greenhouse gas emissions  


          AB 375 (STEINBERG)                                        Page 2


          is to promote more compact land use that reduces the number and  
          length of vehicle trips.  

           This bill  requires ARB, by September 30, 2010, to provide each  
          region that has a metropolitan planning organization (MPO) with  
          greenhouse gas emission reduction targets for the automobile and  
          light truck sector for 2020 and 2035, respectively.   
          Specifically, the bill:  

           Requires ARB, no later than January 31, 2009, to appoint a  
            Regional Targets Advisory Committee (RTAC), as specified, to  
            recommend factors to be considered and methodologies to be  
            used for setting greenhouse gas emission reduction targets for  
            the regions.
           Requires the RTAC to transmit its recommended factors and  
            methodologies to ARB no later than December 31, 2009.
           Requires ARB, prior to setting the targets for a region, to  
            exchange technical information with the MPO, the Department of  
            Transportation (Caltrans), and the local air district.
           Requires the MPO to hold at least one public workshop within  
            the region after the RTAC makes its recommendation to ARB.
           Allows an MPO to recommend a target for the region.
           Requires ARB to release draft greenhouse gas emission  
            reduction targets for each affected region by June 30, 2010  
            and final targets by September 30, 2010 for the automobile and  
            light truck sector for 2020 and 2035, respectively.
           Requires ARB to take into account greenhouse gas emission  
            reductions that will be achieved by improved vehicle emission  
            standards, changes in fuel composition, and other measures it  
            has approved or plans to approve that will reduce greenhouse  
            gas emissions in the affected regions from other sources.
           Requires ARB, after exchanging technical information with  
            Caltrans, the MPOs, local governments, and affected air  
            districts and engaging in a consultative process with public  
            and private stakeholders, to update the regional greenhouse  
            gas emission reduction targets every eight years consistent  
            with each MPO's timeframe for updating its regional  
            transportation plan under federal law until 2050. 

          Regional transportation plans

          Current law requires the California Transportation Commission  
          (CTC) to adopt the State Transportation Improvement Plan (STIP),  
          which lists all capital improvement projects that are expected  
          to receive an allocation of state transportation funds from CTC  
          during the following five fiscal years.  The STIP includes both  


          AB 375 (STEINBERG)                                        Page 3


          the Interregional Transportation Improvement Program (ITIP) and  
          the Regional Transportation Improvement Programs (RTIPs)  
          developed by federally-designated MPOs.  Seventy-five percent of  
          STIP funding is programmed by the regions through the RTIPs.   
          Twenty-five percent of STIP funding is programmed by Caltrans  
          through the ITIP.  

          Current law also requires the MPOs to adopt regional  
          transportation plans (RTPs) 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 RTP must contain a policy element, an action  
          element, and a financial element and is the source for projects  
          programmed in the RTIP.

           This bill  requires that an RTP include a Sustainable Communities  
          Strategy (SCS) designed to achieve the ARB targets for  
          greenhouse gas emission reduction and that the SCS and all other  
          elements of the RTP be internally consistent.  Specifically, the  
            Requires that an SCS: 

             ?    Identify the general location of uses, residential  
               densities, and building intensities within the region.
             ?    Consider the state housing goals and identify areas  
               within the region sufficient to house all economic segments  
               of the population over the course of the planning period,  
               including areas sufficient to house the eight-year  
               projection of the regional housing need for the region. 
             ?    Identify a transportation network to service the  
               transportation needs of the region.
             ?    Consider the best practically available scientific  
               information regarding resource areas and farmland in the  
             ?    Consider spheres of influence that have been adopted by  
               the local agency formation commissions within the region.
             ?    Set forth a forecasted development pattern for the  
               region, which, when integrated with the transportation  
               network and other transportation measures and policies,  
               will reduce the greenhouse gas emissions from automobiles  
               and light trucks to achieve, if feasible, the greenhouse  
               gas emission reduction targets approved by ARB.
             ?    Be internally consistent with other elements of the RTP.
             ?    Allow the RTP to comply with the federal Clean Air Act.


          AB 375 (STEINBERG)                                        Page 4


           Requires the MPO, prior to starting the public participation  
            process, to submit a description to ARB of the technical  
            methodology it intends to use to estimate the greenhouse gas  
            emissions from its SCS and requires ARB to respond to the MPO  
            in a timely manner with written comments about the technical  
           Requires each MPO to conduct at least two informational  
            meetings in each county within the region to solicit and  
            consider the input and recommendations of local elected  
            officials on the SCS. 
           Requires each MPO to adopt a public participation plan for  
            development of the SCS that includes at least one public  
            workshop and, depending on the size of the region, two or  
            three public hearings.
           Requires an MPO to quantify the reduction in greenhouse gas  
            emissions projected to be achieved by the SCS and set forth  
            the difference, if any, between the amount of that reduction  
            and the target for the region established by ARB.
           Requires the MPO, if an SCS is unable to reach the ARB target,  
            to prepare an alternative planning strategy (APS) identifying  
            the principal impediments to achieving the targets through the  
            SCS and showing how the ARB targets would be achieved through  
            alternative development patterns, infrastructure, or  
            additional transportation measures or policies.  The APS shall  
            be a separate document from the RTP.
           Requires the MPO, after adoption, to submit the SCS or APS,  
            including the quantification of the greenhouse gas emission  
            reductions the plan would achieve, to ARB for review.
           Requires ARB to complete its review within 60 days and limits  
            ARB review to acceptance or rejection of the MPO's  
            determination that the strategy submitted would, if  
            implemented, achieve the greenhouse gas emission reduction  
           Requires the MPO, if ARB determines that the SCS would not  
            achieve the greenhouse gas emission reduction targets, to  
            revise its strategy or adopt an APS and submit the new  
            strategy for review.
           Requires an MPO, at a minimum, to obtain ARB acceptance that  
            an APS would, if implemented, achieve the greenhouse gas  
            emission reduction targets established for that region.
           States that an SCS or APS does not supersede or interfere with  
            the land use authority of cities and counties, does not  
            require a city or county's land use policies and regulations  
            to be consistent with the SCS or APS, and does not limit ARB's  
            authority under any other provision of law.


          AB 375 (STEINBERG)                                        Page 5


           Provides that an SCS or APS shall not affect any  
            transportation project programmed for funding on or before  
            December 31, 2011, if it is contained in the 2007 or 2009  
            STIP, funded through the Transportation Congestion Relief  
            Program, or specifically listed in a local transportation  
            sales tax ballot measure approved prior to December 31, 2008.   
            Nor does an SCS or APS require a transportation sales tax  
            authority to change the funding allocations approved by the  
            voters for categories of transportation projects in a sales  
            tax measure adopted prior to December 31, 2010.
           Allows an MPO, or regional transportation planning agency not  
            within an MPO, that is currently on a five-year RTP cycle to  
            elect to adopt an RTP on a four-year cycle.
           Requires an MPO or county transportation agency to consider  
            financial incentives for cities and counties that have  
            resource areas or farmland and, in counties with policies to  
            direct new growth towards cities, for counties to address  
            countywide service responsibilities.
           Specifies how the Metropolitan Transportation Commission and  
            the Association of Bay Area Governments are to collaborate in  
            the preparation of the SCS for the Bay Area.
           Specifies how the sub-regional councils of governments within  
            the Southern California Association of Governments will be  
            involved in the preparation of the SCS for the region.
           Authorizes MPOs in San Joaquin Valley counties to work  
            together to develop and adopt a multi-regional SCS.

          Travel demand models

          Travel demand models are statistical and algorithmic attempts to  
          model human travel behavior. They endeavor to forecast potential  
          outcomes of various transportation and land use policy options.   
          In developing their RTPs, MPOs use travel demand models to  
          forecast future vehicle and transit usage and associated air  
          quality impacts.  

           This bill  :  

           Requires the CTC to maintain guidelines for travel demand  
            models used in the development of regional transportation  
            plans that, to the extent practicable, account for all of the  

             ?    The relationship between land use density and household  
               vehicle ownership and vehicle miles traveled.
             ?    The impact of enhanced transit service levels on  


          AB 375 (STEINBERG)                                        Page 6


               household vehicle ownership and vehicle miles traveled.
             ?    Changes in travel and land development likely to result  
               from highway or passenger rail expansion.
             ?    Mode splitting that allocates trips between automobile,  
               transit, carpool, and bicycle and pedestrian trips. Speed  
               and frequency, days, and hours of operation of transit  

           Requires CTC, before revising these guidelines, to form an  
            advisory committee and hold at least two public workshops on  
            the guidelines.
           Requires MPOs to disseminate the methodology, results, and key  
            assumptions of whichever travel demand models they use in a  
            way that would be useable and understandable to the public.

          Housing element law

          The Planning and Zoning Law requires cities and counties to  
          prepare and adopt a general plan, including a housing element to  
          guide the future growth of a community.  Cities and counties  
          must revise their housing elements every five years, following a  
          staggered statutory schedule.  Before each revision, each  
          community is assigned its fair share of housing for each income  
          category through the regional housing needs assessment (RHNA)  
          process.  A housing element must identify and analyze existing  
          and projected housing needs, identify adequate sites with  
          appropriate zoning to meet its share of the RHNA, and ensure  
          that regulatory systems provide opportunities for, and do not  
          unduly constrain, housing development.  To the extent that a  
          city or county does not have adequate sites within its existing  
          inventory of residentially zoned land, then it must adopt a  
          program to rezone land at appropriate densities to accommodate  
          the jurisdiction's housing need for all income groups.  The  
          rezonings that a city or county commits to in its program often  
          occur after the housing element is adopted and reviewed by HCD,  
          sometimes years into the planning period.

          The Department of Housing and Community Development (HCD)  
          reviews both draft and adopted housing elements to determine  
          whether or not they are in substantial compliance with the law.   
          Each year, every city and county must submit to HCD a housing  
          element progress report that includes the number of housing  
          units constructed by income category and the progress in  
          implementing programs within the element.  

           This bill  requires cities and counties, in general, to revise  


          AB 375 (STEINBERG)                                        Page 7


          their housing elements every eight years in conjunction with the  
          region's RTP, identify in the housing element specific sites to  
          be rezoned, and complete any necessary rezonings within a  
          specific time period, generally three years.  Specifically, the  

           Changes the RHNA cycle from five years to eight years for  
            regions that adopt an RTP every four years.  The RHNA will  
            remain a five-year cycle in regions that adopt an RTP every  
            five years.  Notwithstanding these deadlines, a city or county  
            that does not adopt a housing element within 120 days of the  
            regional housing element revision deadline must revise its  
            housing element every four years.
           Requires that a council of governments (COG) provide HCD with  
            data assumptions about the relationship between jobs and  
            housing in the region, if available, and requires that HCD's  
            determination of the aggregate regional RHNA reflect the  
            achievement of a feasible balance between jobs and housing  
            within the region.
           Allows a COG to request that HCD use population and household  
            forecast assumptions from the region's RTP.
           Requires that a COG's allocation of the RHNA to individual  
            cities and counties be consistent with the SCS, provided that  
            the aggregate regional RHNA is maintained and that every  
            jurisdiction receives an allocation of housing need for very  
            low- and low-income households.
           Requires a city or county to establish for each program in its  
            housing element a timeline for implementation, such that there  
            will be beneficial impacts of the program within the planning  
           Requires a city or county to include in its annual housing  
            element progress reports a description of actions taken by the  
            local government to implement the element's programs by the  
            specified deadlines.
           Requires a city or county, to the extent that rezoning of  
            sites is needed to accommodate its RHNA allocation, to  
            identify in the housing element the specific sites to be  
           Requires a city or county under an eight-year planning period  
            to complete the rezoning of any sites needed to accommodate  
            the RHNA no later than three years after either the date the  
            housing element is adopted or the date that is 90 days after  
            receipt of HCD's comments on the draft element, whichever is  
            earlier, except that in no case shall the rezonings be  
            completed later than three years and 120 days from the  
            regional housing element revision deadline.  To the extent  


          AB 375 (STEINBERG)                                        Page 8


            that the city or county needs to rezone sites to accommodate  
            its very low- and low-income need, these sites must still be  
            zoned to permit multifamily residential use by right.  
           Allows the deadline to complete rezonings to be extended by  
            one year if the local government has completed rezonings at  
            densities sufficient to accommodate at least 75% of the RHNA  
            need for the very low and low-income categories and makes  
            specified findings. 
           Provides that a city or county that fails to complete the  
            rezonings by the deadline may only disapprove or otherwise  
            render infeasible any housing development that is at least 49%  
            affordable to low- and moderate-income households, located on  
            a site required to be rezoned, and in compliance with  
            applicable, objective general plan and zoning standards by  
            making a finding that the housing development project would  
            have a specific, adverse impact upon the public health or  
            safety and there is no feasible method to satisfactorily  
            mitigate or avoid the adverse impact.  This provision is known  
            as the builder's remedy.
           Permits the developer or any interested person to bring an  
            action to enforce the builder's remedy, places the burden of  
            proof on the city or county, and specifies that if a court  
            finds that the city or county disapproved the project or  
            conditioned its approval in violation of these provisions, the  
            court must issue an order or judgment compelling compliance  
            within 60 days, retain jurisdiction to ensure that its order  
            or judgment is carried out, and, if it determines that its  
            order or judgment has not been carried out within 60 days,  
            issue further orders to ensure that the purposes and policies  
            of the law are fulfilled.
           Permits any interested person to bring an action to enforce  
            the requirements and deadlines associated with rezonings or  
            the removal of governmental constraints at any time during the  
            planning period, provided that the party provides the city or  
            county with notice at least 60 days prior to filing the  
            action, and specifies that the city or county shall bear the  
            burden of proof.
           Requires a court, if it finds that a city or county has failed  
            to complete the required rezoning by the deadline, to issue an  
            order or judgment compelling the local government to complete  
            the rezoning within 60 days or the earliest time consistent  
            with public hearing notice requirements, to retain  
            jurisdiction to ensure that its order or judgment is carried  
            out, and, if the court determines that its order or judgment  
            is not carried out, to issue further orders, including  
            sanctions, to ensure that the purposes and policies of the law  


          AB 375 (STEINBERG)                                        Page 9


            are fulfilled.
           Generally requires all regions on an eight-year housing  
            element cycle, other than SANDAG, to begin the next planning  
            period no later than 18 months after the adoption of the first  
            RTP to be adopted after September 30, 2010.  SANDAG will move  
            to the eight-year cycle after completing the planning period  
            that is just about to begin.  

          California Environmental Quality Act (CEQA)
          CEQA requires that local government conduct an analysis of the  
          environmental impacts associated with projects, including  
          private housing developments subject to a discretionary review.   
          In cases where a full analysis is required, the local government  
          must certify an environmental impact report (EIR).

          CEQA provides, among others, for a limited statutory exemption  
          for qualified infill housing or mixed-use housing developments.   
          To qualify for the exemption, a project must meet all of the  
          following criteria:

           Be on an infill site in an urbanized area within  mile of a  
            major transit stop, 
           Be consistent with any applicable general plan, specific plan,  
            and local coastal program.  
           Be on a site for which a community-level EIR has been  
            certified within the previous five years.
           Meet various criteria intended to ensure that the project has  
            no apparent significant environmental impacts.
           Include specified percentages of affordable housing.
           Be on sites of no more than 4 acres or include no more than  
            100 units.  
           Attain a density of at least 20 units per acre, or 10 units  
            per acre if that is greater than the average density of other  
            housing within 1500 feet.  

          CEQA regulations also provide for a categorical exemption for  
          infill housing unless the project creates a reasonable  
          possibility of a project-specific impact or leads to a  
          significant cumulative impact.  To qualify for the exemption,  
          the project must be located within city limits, be substantially  
          surrounded by urban uses, and meet the following criteria:

           Be consistent with the general plan and zoning.
           Can be adequately served by all utilities and services, has no  
            value as habitat for endangered, rare or threatened species,  


          AB 375 (STEINBERG)                                        Page 10


            is not a brownfield, would not result in any significant  
            effects relating to traffic, noise, air quality, or water  
            quality, and does not affect historical resources.
                                                                  Be no more than five acres.

          Current law allows local governments to adopt specific plans,  
          which identify the distribution, location, and extent of the  
          uses of land within the area covered by the plan, and  
          establishes standards and criteria by which development will  
          proceed.  Within a specific plan area, any residential  
          development project that is consistent with a specific plan for  
          which an EIR has been certified is exempt from further review  
          under CEQA unless substantial changes have occurred or new  
          information has become available since the EIR was certified.  

           This bill  relaxes CEQA requirements for housing developments  
          that are consistent with an SCS or APS.  Specifically, the bill:

           Defines a "transit priority project" as one that:

             ?    Is consistent with the general use designation, density,  
               building intensity, and applicable policies specified for  
               the project area in either an SCS or an APS, for which ARB  
               has accepted an MPO's determination that the SCS or APS  
               would, if implemented, achieve the greenhouse gas emission  
               reduction targets.
             ?    Contains at least 50% residential use, based on total  
               building square footage and, if the project contains  
               between 26% and 50% nonresidential uses, a floor area ratio  
               of not less than 0.75;
             ?    Provides a minimum net density of at least 20 dwelling  
               units per acre; and, 
             ?    Is located within one-half mile of an existing or  
               planned major transit stop or high-quality transit corridor  
               included in the RTP.

           Exempts a transit priority project from CEQA if all of the  
            following conditions are met:

             ?    The project site is not more than eight acres in total  
             ?    The project does not contain more than 200 residential  
             ?    The project does not result in any net loss in the  
               number of affordable housing units.
             ?    The project does not include any single level building  


          AB 375 (STEINBERG)                                        Page 11


               that exceeds 75,000 square feet.
             ?    Any applicable mitigation measures or performance  
               standards set forth in prior environmental impact reports  
               will be incorporated into the project.
             ?    The project is determined not to conflict with nearby  
               operating industrial uses.
             ?    The project and other approved projects can be  
               adequately served by existing utilities, and the project  
               applicant has committed to pay all applicable in-lieu or  
               development fees.
             ?    The site of the project does not contain wetlands or  
               riparian areas and does not have significant value as a  
               wildlife habitat, and the transit priority project does not  
               harm any protected species.
             ?    The project is not located on developed open space.
             ?    The project does not have a significant impact on  
               historical resources.
             ?    The site of the project is not included on any list of  
               contaminated facilities and sites.
             ?    A preliminary endangerment assessment has been prepared  
               for the site and any hazardous substances have been  
               mitigated to a level of insignificance.
             ?    The site is not subject to unusually high risk of fire  
               or explosion from materials stored or used on nearby  
               properties, risk of an excessive public health exposure, or  
               unmitigated wildland fire, seismic, landslide, or flood  
             ?    The project provides one of the following:  1) At least  
               20 percent of the units affordable to moderate income  
               households, at least 10 percent of units affordable to low  
               income households, or at least 5 percent of units  
               affordable to very low income households, or the developer  
               will pay an equivalent amount of in-lieu fees; or 2) public  
               open space of at least five acres per 1,000 residents of  
               the project.

           Provides that a transit priority project that has incorporated  
            all feasible mitigation measures and performance standards set  
            forth in prior applicable EIRs may be reviewed through a  
            sustainable communities environmental assessment that  
            identifies, analyzes, and mitigates to a level of  
            insignificance all potentially significant environmental  
            effects.  In the event of a challenge, a court shall review  
            the local government's decision to review a transit priority  
            project with a sustainable communities environmental  
            assessment under the substantial evidence standard.


          AB 375 (STEINBERG)                                        Page 12


           Provides that a transit priority project that has incorporated  
            all feasible mitigation measures and performance standards set  
            forth in prior applicable EIRs may be reviewed by an EIR that  
            identifies and mitigates to a level of insignificance all  
            potentially significant environmental effects other than  
            growth inducing impacts and cumulative impacts from vehicles  
            on global warming or the regional transportation network. Such  
            an EIR need not analyze off-site alternatives to the transit  
            priority project. 
           Authorizes a city or county to adopt special traffic  
            mitigation measures for transit priority projects and exempts  
            projects that implement these measures from complying with any  
            other mitigation requirements related to traffic impacts of  
            the project on intersections, streets, highways, freeways, or  
            mass transit. 
           Provides that any residential development, or any mixed-use  
            development that devotes at least 75% of the square footage to  
            residential uses, that is consistent with an ARB-approved SCS  
            or APS and incorporates the mitigation measures required by an  
            applicable prior environmental document need not describe or  
            discuss in any CEQA document growth inducing impacts, any  
            project specific or cumulative vehicle impacts on global  
            warming or the regional transportation network, or a reduced  
            residential density alternative to vehicle impacts.


           1.Purpose of the bill  .  According to the author, this bill will  
            help implement AB 32 by aligning planning for housing, land  
            use, transportation, and greenhouse gas emissions for the 17  
            MPOs in the state.  The environmental organizations sponsoring  
            this legislation maintain that AB 32 goals cannot be met  
            without changes in land use.  Fuel-efficient cars and  
            low-carbon fuels can reduce greenhouse gas emissions, but  
            reducing driving by building housing closer to jobs, schools,  
            and shopping venues will also be necessary.  

            This bill seeks to change land use practices in California by  
            giving each region a greenhouse gas emission reduction target  
            and requiring the regions to adopt regional growth strategies  
            that can achieve these targets.  The regions will then assign  
            housing needs to cities and counties under housing element law  
            in a manner consistent with the growth strategy and ensure  
            that regional transportation spending plans are consistent  


          AB 375 (STEINBERG)                                        Page 13


            with the strategy.  While local governments are not required  
            to implement the growth strategy directly, they will be  
            required to rezone land needed to accommodate their housing  
            needs within three years of the beginning of the housing  
            element planning period.  Lastly, the bill facilitates infill  
            development by granting CEQA relief to housing developments  
            that are consistent with the growth strategy.  

           2.Going on faith  .  The ultimate success of this bill in reducing  
            greenhouse gas emissions depends on two things: 1) the  
            aggressiveness and appropriateness of the targets set by ARB,  
            and 2) the degree to which cities and counties conform their  
            land use decisions to the regional growth strategy.  

            While the bill establishes a process for ARB to use in setting  
            its regional targets, it does not establish any standard that  
            the targets must meet.  If the targets are set too high,  
            regions will not be able to develop consensus and the SCS  
            process will either fall apart or fail to meet the target.  If  
            the targets are set too low, however, the regions will not be  
            required to alter the status quo much.  This bill is built on  
            faith that ARB will be able to set aggressive and appropriate  

            In general, cities and counties are not obligated to follow  
            the SCS.  The fact that a region's RHNA allocation will  
            reflect its SCS means that cities and counties slated for  
            growth in the SCS will be required to zone additional land for  
            housing.  This could help implement the SCS, but because  
            cities and counties maintain discretion over how and where  
            they zone additional land, this new capacity ultimately may or  
            may not be consistent with the SCS.  Moreover, cities and  
            counties may continue to approve large job centers, megamalls,  
            and other large trip generators far from residential centers.   
            They may also continue to approve low-density subdivisions far  
            from job centers and outside the SCS footprint.  This bill is  
            also built on faith that cities and counties will voluntarily  
            implement the SCS or at least respond to regional political  
            pressure to do so.              

           3.Concurrence hearing  .  This bill was referred to the committee  
            under Senate Rule 29.10 in order for the committee to review  
            the significant amendments taken in the Assembly.  On a  
            concurrence hearing such as this, the committee may only take  
            one of two actions: 1) hold the bill; or 2) return the bill to  
            the Senate Floor for concurrence in Assembly amendments.  


          AB 375 (STEINBERG)                                        Page 14



          Assembly Votes:
               Floor:                            49-22
               Appr:     11-4
               Local Gov:                          5-1

          POSITIONS:  (Communicated to the Committee before 9 am on Friday
                     August 29, 2008)

               SUPPORT:  California League of Conservation Voters  
                         Natural Resources Defense Council (sponsor)
                         Alpine Meadows
                         American Farmland Trust
                         American Lung Association of California
                         Association of Bay Area Governments
                         Audubon California
                         Bay Area Air Quality Management District
                         Bay Area Council 
                         Bay Area Rapid Transit 
                         Breathe California
                         California Association of Local Area Formation  
                         California Business Industry Association
                         California Chapter, American Planning Association
                         California Council of Land Trusts
                         California Interfaith Power and Light
                         California League of Cities
                         California Major Builders Council 
                         California Nurses Association
                         California Professional Firefighters 
                         California Rural Legal Assistance Foundation
                         California State Association of Counties
                         City of Citrus Heights
                         City of Folsom 
                         City of Huntington Beach
                         City of Roseville
                         City of Sacramento
                         Coalition for Clean Air
                         Congress for a New Urbanism
                         County of Los Angeles
                         County of Napa
                         County of Sacramento 


          AB 375 (STEINBERG)                                        Page 15


                         Defenders of Wildlife
                         Douglas Emmett, Inc.
                         Endangered Habitats League
                         Environment California
                         Environmental Defense Fund
                         Environmental Entrepreneurs 
                         Ford Motor Company
                         Fulcrum Properties
                         General Motors 
                         Health Officers Association of California 
                         Homewood Mountain Resort
                         Housing California
                         JMA Ventures
                         League of Women Voters
                         Los Angeles Mayor Antonio Villaraigosa
                         Merced/Mariposa County Asthma Coalition
                         Metropolitan Transportation Commission of San  
               Francisco Bay Area
                         Moller International
                         New Voice of Business
                         Non-Profit Housing Association of Northern  
                         Sacramento Area Council of Governments 
                         Sacramento Area Fire Fighters Local 522
                         Sacramento Metro Chamber
                         Sacramento Regional Transit
                         Sacramento Regional Transit District 
                         San Diego Association of Governments
                         San Francisco Mayor Gavin Newsom
                         Santa Cruz County Regional Transportation  
                         Silicon Valley Leadership Group
                         South Coast Air Quality Management District 
                         State Association of Electrical Workers
                         State Building and Construction Trades Council
                         State Pipe Trades Council 
                         Transportation and Land Use Coalition
                         Trust for Public Land
                         Western State Council of Sheet Metal Workers

               OPPOSED:  Associated General Contractors of California
                         Automobile Club of Southern California
                         California Association of Councils of Government 


          AB 375 (STEINBERG)                                        Page 16


                         California Association of Realtors
                         California Business Properties Association
                         California Chamber of Commerce
                         California Contract Cities Association
                         California Hotel & Lodging Association
                         California Manufacturers & Technology Association
                         California Retailers Association
                         Consulting Engineers & Land Surveyors of  
                         Contra Costa Transportation Authority
                         County of Orange
                         Department of Finance
                         Howard Jarvis Taxpayers Association
                         Inland Empire Transportation Coalition
                         Kern County Board of Supervisors
                         Merced County Association of Governments
                         Orange County Transportation Authority
                         Orange County Business Council
                         Resource Landowners Coalition
                         San Bernardino Local Agency Formation Commission
                         San Joaquin Valley Regional Policy Council
                         Self-Help Counties Coalition
                         Sonoma County Transportation Authority
                         Southwest California Legislative Council
                         Transportation Agency for Monterey County
                         Ventura Council of Governments
                         Western Riverside Council of Governments