BILL ANALYSIS AB 782 Page 1 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. AB 782 Page 2 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 AB 782 Page 3 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 Page 4 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