BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 782
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          Date of Hearing:  April 27, 2009

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Nancy Skinner, Chair
                AB 782 (Jeffries) - As Introduced:  February 26, 2009
           
          SUBJECT  :  Regional transportation plans:  sustainable  
          communities strategies

           SUMMARY  :  Prohibits judicial review of specified Air Resources  
          Board (ARB) and local government decisions related to greenhouse  
          gas (GHG) emissions and land use.  Expands specified California  
          Environmental Quality Act (CEQA) exemptions which are currently  
          available only to a residential project to any project.

           EXISTING LAW  :

          1)Requires ARB to adopt a statewide GHG emissions limit  
            equivalent to 1990 levels by 2020 and adopt regulations to  
            achieve maximum technologically feasible and cost-effective  
            GHG emission reductions.  (AB 32 (Nunez), Chapter 488,  
            Statutes of 2006)

          2)Requires metropolitan planning organizations (MPOs) to include  
            sustainable communities strategies (SCS), as defined, in their  
            regional transportation plans (RTPs) for the purpose of  
            reducing GHG emissions, aligns planning for transportation and  
            housing, and creates specified incentives for the  
            implementation of the strategies.  (SB 375 (Steinberg),  
            Chapter 728, Statutes of 2008)

            Specifically, as it relates to the provisions of this bill, SB  
            375:

             a)   Requires ARB to appoint a Regional Targets Advisory  
               Committee (RTAC) to recommend factors to be considered and  
               methodologies to be used for setting GHG emission reduction  
               targets for the affected regions, and specifies the  
               composition of the committee, including, but not limited  
               to, local transportation agencies.

             b)   Requires the RTP for specified regions to include an  
               SCS, as specified, designed to achieve certain goals for  
               the reduction of GHG emissions from automobiles and light  
               trucks in a region.








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             c)   Requires that, if an SCS is unable to reach the ARB  
               target, the MPO prepare an alternative planning strategy  
               (APS) to the SCS, as a separate document from the RTP,  
               showing how those GHG emission targets would be achieved  
               through alternative development patterns, infrastructure,  
               or additional transportation measures or policies, as  
               specified.

             d)   Requires that, after adoption, an MPO submit an SCS or  
               an APS, if one has been adopted, to ARB to accept or reject  
               the MPO's determination that the strategy submitted would,  
               if implemented, achieve the GHG emission reduction targets,  
               and requires ARB to complete its review within 60 days.

             e)   Requires certain transportation planning and programming  
               activities to be consistent with the SCS in order to obtain  
               funding, but states that transportation projects funded by  
               specified measures are not required to be consistent with  
               the SCS.

             f)   Specifies that, if a residential or mixed-use  
               residential project is consistent with the use designation,  
               density, building intensity, and applicable policies  
               specified for the project area in either an approved SCS or  
               APS, and if the project incorporates the mitigation  
               measures required by an applicable prior environmental  
               document, any findings or other determinations for an  
               exemption, a negative declaration, a mitigated negative  
               declaration, an environmental impact report (EIR), or  
               addenda prepared or adopted for the project pursuant to  
               CEQA shall not be required to reference, describe, or  
               discuss growth inducing impacts or any project specific or  
               cumulative impacts from cars and light-duty truck trips  
               generated by the project on global warming or the regional  
               transportation network.

           THIS BILL  :

          1)Expands membership of the RTAC to add commercial builders, the  
            business community and entities involved in funding  
            transportation projects.

          2)Expands the exemption from consistency with an SCS to any  
            project funded by (a) a transportation sales tax ballot  








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            measure prior to 2011 or (b) the federal American Recovery and  
            Reinvestment Act of 2009.

          3)Requires MPOs to create a business advisory committee to  
            provide input on the business impacts of a proposed SCS.

          4)Prohibits judicial review of ARB's acceptance of a SCS or APS.

          5)Prohibits judicial review of any local government entity's  
            determination that a project is consistent with a SCS or APS.

          6)Expands the application of the abbreviated CEQA review SB 375  
            established for residential projects to any development  
            project.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

           1)Rewriting SB 375 before the ink is dry.   To meet AB 32's GHG  
            reduction goals, ARB plans to rely on changes in land use  
            practices accomplished through the process established by SB  
            375.  Implementation of SB 375 is intended to reduce GHG  
            emissions from vehicle trips.  SB 375 took effect in January  
            and is in preliminary stages of implementation.  This bill  
            would revise key points of SB 375 to benefit commercial and  
            transportation developers.

           2)Double referral.   This bill has been double-referred to the  
            Assembly Local Government Committee.























                                                                  AB 782
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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           American Council of Engineering Companies, California
          Building Owners and Managers Association of California
          California Business Properties Association
          California Chamber of Commerce
          California Manufacturers & Technology Association
          International Council of Shopping Centers
          National Association of Office and Industrial Properties
          Sacramento Builders' Exchange

           Opposition 
           
          Breathe California

           
          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916)  
          319-2092