BILL NUMBER: AB 2136 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Caballero
FEBRUARY 18, 2010
An act to amend Sections 65089.6, 65302, 66484, and 66484.3 of the
Government Code, to amend Sections 99150 and 132359 of the Public
Utilities Code, to amend Section 75.9 of the Streets and Highways
Code, and to amend Sections 21101 and 35701 of the Vehicle Code,
relating to general plans.
LEGISLATIVE COUNSEL'S DIGEST
AB 2136, as introduced, Caballero. Planning: general plans:
circulation and transportation element.
Existing law requires the legislative body of each county and city
to adopt a comprehensive, long-term general plan for the physical
development of the county or city with specified elements, including
a circulation element consisting of the general location and extent
of existing and proposed major thoroughfares, transportation routes,
terminals, military airports and ports, and other local public
utilities and facilities, among other things, all correlated with the
land use element of the plan.
This bill would rename the circulation element as the circulation
and transportation element.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65089.6 of the Government Code is amended to
read:
65089.6. Failure to complete or implement a congestion management
program shall not give rise to a cause of action against a city or
county for failing to conform with its general plan, unless the city
or county incorporates the congestion management program into the
circulation and transportation element of its general
plan.
SEC. 2. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation and transportation element
consisting of the general location and extent of existing and
proposed major thoroughfares, transportation routes, terminals, any
military airports and ports, and other local public utilities and
facilities, all correlated with the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation and transportation element, the
legislative body shall modify the circulation and transportation
element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" means bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control and shall
analyze and quantify, to the extent practicable, as determined by the
legislative body, current and projected noise levels for all of the
following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight on-line railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (Ldn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6) subparagraphs (A) to
(F) , inclusive , of paragraph (1) .
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction, and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of a flood hazard zone does not
imply that areas outside the flood hazard zones or uses permitted
within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency
Services California Emergency Management Agency
.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) After the initial revision of the safety element pursuant to
paragraph (2), upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during the
previous revision of the safety element.
(4) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(5) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services
California Emergency Management Agency for the purpose of
including information known by and available to the department, the
office agency , and the board required by this
subdivision.
(6) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
SEC. 3. Section 66484 of the Government Code is amended to read:
66484. (a) A local ordinance may require the payment of a fee as
a condition of approval of a final map or as a condition of issuing a
building permit for purposes of defraying the actual or estimated
cost of constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares. The ordinance may
require payment of fees pursuant to this section if all of the
following requirements are satisfied:
(1) The ordinance refers to the circulation and
transportation element of the general plan and, in the case of
bridges, to the transportation or flood control provisions thereof
which identify railways, freeways, streams, or canyons for which
bridge crossings are required on the general plan or local roads and
in the case of major thoroughfares, to the provisions of the
circulation and transportation element which identify
those major thoroughfares whose primary purpose is to carry through
traffic and provide a network connecting to the state highway system,
if the circulation and transportation element,
transportation or flood control provisions have been adopted by the
local agency 30 days prior to the filing of a map or application for
a building permit.
(2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited. Notice shall be
given pursuant to Section 65091 and shall include preliminary
information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of
benefit may include land or improvements in addition to the land or
improvements which are the subject of any map or building permit
application considered at the proceedings.
(3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare. A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the county in which the area of benefit is located. The
apportioned fees shall be applicable to all property within the area
of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for the property
or portions of the property. Where the area of benefit includes lands
not subject to the payment of fees pursuant to this section, the
governing agency shall make provision for payment of the share of
improvement costs apportioned to those lands from other sources.
(4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares are in addition to, or a
reconstruction of, any existing major thoroughfares serving the area
at the time of the adoption of the boundaries of the area of benefit.
(5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit. The fees shall not be expended to reimburse the
cost of existing bridge facility construction.
(6) The ordinance provides that if, within the time when protests
may be filed under the provisions of the ordinance, there is a
written protest, filed with the clerk of the legislative body, by the
owners of more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests are not
withdrawn so as to reduce the area represented to less than one-half
of that to be benefited, then the proposed proceedings shall be
abandoned, and the legislative body shall not, for one year from the
filing of that written protest, commence or carry on any proceedings
for the same improvement or acquisition under the provisions of this
section.
(b) Any protest may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to the ordinance.
(c) If any majority protest is directed against only a portion of
the improvement then all further proceedings under the provisions of
this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the
legislative body may commence new proceedings not including any part
of the improvement or acquisition so protested against. Nothing in
this section prohibits a legislative body, within that one-year
period, from commencing and carrying on new proceedings for the
construction of a portion of the improvement so protested against if
it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be
benefited are in favor of going forward with that portion of the
improvement or acquisition.
(d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if the proceedings are abandoned.
(e) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge is required
to be constructed, a fund may be so established covering all of the
bridge projects in the benefit area. Money in the fund shall be
expended solely for the construction or reimbursement for
construction of the improvement serving the area to be benefited and
from which the fees comprising the fund were collected, or to
reimburse the local agency for the cost of constructing the
improvement.
(f) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
(g) A local agency imposing fees pursuant to this section may
advance money from its general fund or road fund to pay the cost of
constructing the improvements and may reimburse the general fund or
road fund for any advances from planned bridge facility or major
thoroughfares funds established to finance the construction of those
improvements.
(h) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of bridge
facilities or major thoroughfares. However, the sole security for
repayment of that indebtedness shall be moneys in planned bridge
facility or major thoroughfares funds.
(i) The term "construction" as used in this section includes
design, acquisition of right-of-way, administration of construction
contracts, and actual construction.
(j) The term "construction," as used in this section, with respect
to the unincorporated area of San Diego County only, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor. The term
"construction," with respect to the unincorporated area of San Diego
County only, also includes reasonable administrative expenses, not
exceeding three hundred thousand dollars ($300,000) in any calendar
year after January 1, 1986, as adjusted annually for any increase or
decrease in the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all Urban
Consumers, San Diego, California (1967 = 100), as published by the
United States Department of Commerce for the purpose of constructing
bridges and major thoroughfares. "Administrative expenses" means
those office, personnel, and other customary and normal expenses
associated with the direct management and administration of the
agency, but not including costs of construction.
(k) Nothing in this section precludes a county or city from
providing funds for the construction of bridge facilities or major
thoroughfares to defray costs not allocated to the area of benefit.
SEC. 4. Section 66484.3 of the Government Code is amended to read:
66484.3. (a) Notwithstanding Section 53077.5, the Board of
Supervisors of the County of Orange and the city council or councils
of any city or cities in that county may, by ordinance, require the
payment of a fee as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing bridges over waterways,
railways, freeways, and canyons, or constructing major thoroughfares.
(b) The local ordinance may require payment of fees pursuant to
this section if:
(1) The ordinance refers to the circulation and
transportation element of the general plan and, in the case of
bridges, to the transportation provisions or flood control provisions
of the general plan which identify railways, freeways, streams, or
canyons for which bridge crossings are required on the general plan
or local roads, and in the case of major thoroughfares, to the
provisions of the circulation and transportation element
which identify those major thoroughfares whose primary purpose is to
carry through traffic and provide a network connecting to or which is
part of the state highway system, and the circulation and
transportation element, transportation provisions, or flood
control provisions have been adopted by the local agency 30 days
prior to the filing of a map or application for a building permit.
Bridges which are part of a major thoroughfare need not be separately
identified in the transportation or flood control provisions of the
general plan.
(2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited. Notice shall be
given pursuant to Section 65905. In addition to the requirements of
Section 65905, the notice shall contain preliminary information
related to the boundaries of the area of benefit, estimated cost, and
the method of fee apportionment. The area of benefit may include
land or improvements in addition to the land or improvements which
are the subject of any map or building permit application considered
at the proceedings.
(3) The ordinance provides that at the public hearing, the
boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of
benefit and fee apportionment are established. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land which abuts the proposed improvement except
where the abutting property is provided direct usable access to the
major thoroughfare. A description of the boundaries of the area of
benefit, the costs, whether actual or estimated, and the method of
fee apportionment established at the hearing shall be incorporated in
a resolution of the governing body, a certified copy of which shall
be recorded by the governing body conducting the hearing with the
recorder of the County of Orange. The resolution may subsequently be
modified in any respect by the governing body. Modifications shall be
adopted in the same manner as the original resolution, except that
the resolution of a city or county which has entered into a joint
exercise of powers agreement pursuant to subdivision (f), relating to
constructing bridges over waterways, railways, freeways, and canyons
or constructing major thoroughfares by the joint powers agency, may
be modified by the joint powers agency following public notice and a
public hearing, if the joint powers agency has complied with all
applicable laws, including Chapter 5 (commencing with Section 66000)
of Division 1. Any modification shall be subject to the protest
procedures prescribed by paragraph (6). The resolution may provide
for automatic periodic adjustment of fees based upon the California
Construction Cost Index prepared and published by the Department
of Transportation,
without further action of the governing body, including, but not
limited to, public notice or hearing. The apportioned fees shall be
applicable to all property within the area of benefit and shall be
payable as a condition of approval of a final map or as a condition
of issuing a building permit for any of the property or portions of
the property. Where the area of benefit includes lands not subject to
the payment of fees pursuant to this section, the governing body
shall make provision for payment of the share of improvement costs
apportioned to those lands from other sources, but those sources need
not be identified at the time of the adoption of the resolution.
(4) The ordinance provides that payment of fees shall not be
required unless the major thoroughfares are in addition to, or a
reconstruction or widening of, any existing major thoroughfares
serving the area at the time of the adoption of the boundaries of the
area of benefit.
(5) The ordinance provides that payment of fees shall not be
required unless the planned bridge facility is an original bridge
serving the area or an addition to any existing bridge facility
serving the area at the time of the adoption of the boundaries of the
area of benefit. Fees imposed pursuant to this section shall not be
expended to reimburse the cost of existing bridge facility
construction, unless these costs are incurred in connection with the
construction of an addition to an existing bridge for which fees may
be required.
(6) The ordinance provides that if, within the time when protests
may be filed under its provisions, there is a written protest, filed
with the clerk of the legislative body, by the owners of more than
one-half of the area of the property to be benefited by the
improvement, and sufficient protests are not withdrawn so as to
reduce the area represented to less than one-half of that to be
benefited, then the proposed proceedings shall be abandoned, and the
legislative body shall not, for one year from the filing of that
written protest, commence or carry on any proceedings for the same
improvement or acquisition under this section, unless the protests
are overruled by an affirmative vote of four-fifths of the
legislative body.
Nothing in this section shall preclude the processing and
recordation of maps in accordance with other provisions of this
division if proceedings are abandoned.
Any protests may be withdrawn in writing by the owner who filed
the protest, at any time prior to the conclusion of a public hearing
held pursuant to the ordinance.
If any majority protest is directed against only a portion of the
improvement then all further proceedings under the provisions of this
section to construct that portion of the improvement so protested
against shall be barred for a period of one year, but the legislative
body shall not be barred from commencing new proceedings not
including any part of the improvement or acquisition so protested
against. Nothing in this section shall prohibit the legislative body,
within the one-year period, from commencing and carrying on new
proceedings for the construction of a portion of the improvement so
protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of
the property to be benefited are in favor of going forward with that
portion of the improvement or acquisition.
If the provisions of this paragraph (6), or provisions
implementing this paragraph contained in any ordinance adopted
pursuant to this section, are held invalid, that invalidity shall not
affect other provisions of this section or of the ordinance adopted
pursuant thereto, which can be given effect without the invalid
provision, and to this end the provisions of this section and of an
ordinance adopted pursuant thereto are severable.
(c) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge or major
thoroughfare is required to be constructed, a fund may be so
established covering all of the bridge or major thoroughfare projects
in the benefit area. Except as otherwise provided in subdivision
(g), moneys in the fund shall be expended solely for the construction
or reimbursement for construction of the improvement serving the
area to be benefited and from which the fees comprising the fund were
collected, or to reimburse the county or a city for the cost of
constructing the improvement.
(d) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
(e) The county or a city imposing fees pursuant to this section
may advance money from its general fund or road fund to pay the cost
of constructing the improvements and may reimburse the general fund
or road fund from planned bridge facilities or major thoroughfares
funds established to finance the construction of the improvements.
(f) The county or a city imposing fees pursuant to this section
may incur an interest-bearing indebtedness for the construction of
bridge facilities or major thoroughfares. The sole security for
repayment of the indebtedness shall be moneys in planned bridge
facilities or major thoroughfares funds. A city or county imposing
fees pursuant to this section may enter into joint exercise of powers
agreements with other local agencies imposing fees pursuant to this
section, for the purpose of, among others, jointly exercising as a
duly authorized original power established by this section, in
addition to those through a joint exercise of powers agreement, those
powers authorized in Chapter 5 (commencing with Section 31100) of
Division 17 of the Streets and Highways Code for the purpose of
constructing bridge facilities and major thoroughfares in lieu of a
tunnel and appurtenant facilities, and, notwithstanding Section 31200
of the Streets and Highways Code, may acquire by dedication, gift,
purchase, or eminent domain, any franchise, rights, privileges,
easements, or other interest in property, either real or personal,
necessary therefor on segments of the state highway system,
including, but not limited to, those segments of the state highway
system eligible for federal participation pursuant to Title 23 of the
United States Code.
An entity constructing bridge facilities and major thoroughfares
pursuant to this section shall design and construct the bridge
facilities and major thoroughfares to the standards and
specifications of the Department of Transportation then in effect,
and may, at any time, transfer all or a portion of the bridge
facilities and major thoroughfares to the state subject to the terms
and conditions as shall be satisfactory to the Director of the
Department of Transportation. Any of these bridge facilities and
major thoroughfares shall be designated as a portion of the state
highway system prior to its transfer. The participants in a joint
exercise of powers agreement may also exercise as a duly authorized
original power established by this section the power to establish and
collect toll charges only for paying for the costs of construction
of the major thoroughfare for which the toll is charged and for the
costs of collecting the tolls, except that a joint powers agency,
which is the lending agency, may, notwithstanding subdivision (c),
make toll revenues and fees imposed pursuant to this section
available to another joint powers agency, which is the borrowing
agency, established for the purpose of designing, financing, and
constructing coordinated and interrelated major thoroughfares, in the
form of a subordinated loan, to pay for the cost of construction and
toll collection of major thoroughfares other than the major
thoroughfares for which the toll or fee is charged, if the lending
agency has complied with all applicable laws, including Chapter 5
(commencing with Section 66000) of Division 1, and if the borrowing
agency is required to pay interest on the loan to the lending agency
at a rate equal to the interest rate charged on funds loaned from the
Pooled Money Investment Account. Prior to executing the loan, the
lending agency shall make all of the following findings:
(1) The major thoroughfare for which the toll or fee is charged
will benefit from the construction of the major thoroughfare to be
constructed by the borrowing agency or will benefit financially by a
sharing of revenues with the borrowing agency.
(2) The lending agency will possess adequate financial resources
to fund all costs of construction of existing and future projects
that it plans to undertake prior to the final maturity of the loan,
after funding the loan, and taking into consideration its then
existing funds, its present and future obligations, and the revenues
and fees it expects to receive.
(3) The funding of the loan will not materially impair its
financial condition or operations during the term of the loan.
Major thoroughfares from which tolls are charged shall utilize the
toll collection equipment most capable of moving vehicles
expeditiously and efficiently, and which is best suited for that
purpose, as determined by the participants in the joint exercise of
powers agreement. However, in no event shall the powers authorized in
Chapter 5 (commencing with Section 31100) of Division 17 of the
Streets and Highways Code be exercised unless a resolution is first
adopted by the legislative body of the agency finding that adequate
funding for the portion of the cost of constructing those bridge
facilities and major thoroughfares not funded by the development fees
collected by the agency is not available from any federal, state, or
other source. Any major thoroughfare constructed and operated as a
toll road pursuant to this section shall only be constructed parallel
to other public thoroughfares and highways.
(g) The term "construction," as used in this section, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor. The term
"construction" also includes reasonable general agency administrative
expenses, not exceeding three hundred thousand dollars ($300,000) in
any calendar year after January 1, 1986, as adjusted annually for
any increase or decrease in the Consumer Price Index of the Bureau of
Labor Statistics of the United States Department of Labor for all
Urban Consumers, Los Angeles-Long Beach-Anaheim, California
(1967=100), as published by the United States Department of Commerce,
by each agency created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 for the purpose
of constructing bridges and major thoroughfares. "General agency
administrative expenses" means those office, personnel, and other
customary and normal expenses associated with the direct management
and administration of the agency, but not including costs of
construction.
(h) Fees paid pursuant to an ordinance adopted pursuant to this
section may be utilized to defray all direct and indirect financing
costs related to the construction of the bridges and major
thoroughfares by the joint powers agency. Because the financing costs
of bridges and major thoroughfares for which a toll charge shall be
established or collected represent a necessary element of the total
cost of those bridges and major thoroughfares, the joint powers
agency constructing those facilities may include a charge for
financing costs in the calculation of the fee rate. The charge shall
be based on the estimated financing cost of any eligible portion of
the bridges and major thoroughfares for which tolls shall be
collected. The eligible portion shall be any or all portions of the
major thoroughfare for which a viable financial plan has been adopted
by the joint powers agency on the basis of revenues reasonably
expected by the joint powers agency to be available to the
thoroughfare, after consultation with representatives of the fee
payers. For purposes of calculating the charge, financing costs shall
include only reasonable allowances for payments and charges for
principal, interest, and premium on indebtedness, letter of credit
fees and charges, remarketing fees and charges, underwriters'
discount, and other costs of issuance, less net earnings on bridge
and major thoroughfare funds by the joint powers agency prior to the
opening of the facility to traffic after giving effect to any
payments from the fund to preserve the federal income tax exemption
on the indebtedness. For purposes of calculating the charge for
financing costs in the calculation of the fee rate only, financing
costs shall not include any allowance for the cost of any interest
paid on indebtedness with regard to each eligible portion after the
estimated opening of the portion to traffic as established by the
joint powers agency. Any and all challenges to any financial plan or
financing costs adopted or calculated pursuant to this section shall
be governed by subdivision (k).
(i) Nothing in this section shall be construed to preclude the
County of Orange or any city within that county from providing funds
for the construction of bridge facilities or major thoroughfares to
defray costs not allocated to the area of benefit.
(j) Any city within the County of Orange may require the payment
of fees in accordance with this section as to any property in an area
of benefit within the city's boundaries, for facilities shown on its
general plan or the county's general plan, whether the facilities
are situated within or outside the boundaries of the city, and the
county may expend fees for facilities or portions thereof located
within cities in the county.
(k) The validity of any fee required pursuant to this section
shall not be contested in any action or proceeding unless commenced
within 60 days after recordation of the resolution described in
paragraph (3) of subdivision (b). The provisions of Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure shall be applicable to any such action or proceeding.
This subdivision shall also apply to modifications of fee programs.
( l ) If the County of Orange and any city within that
county have entered into a joint powers agreement for the purpose of
constructing the bridges and major thoroughfares referred to in
Sections Section 50029 and
66484.3 this section , and if a proposed change
of organization or reorganization includes any territory of an area
of benefit established pursuant to Sections
Section 50029 and 66484.3 this section
, within a successor local agency, the local agency shall not
take any action that would impair, delay, frustrate, obstruct, or
otherwise impede the construction of the bridges and major
thoroughfares referred to in this section.
(m) Nothing in this section prohibits the succession of all
powers, obligations, liabilities, and duties of any joint powers
agency created pursuant to subdivision ( l ) to an entity
with comprehensive countywide transportation planning and operating
authority which is statutorily created in the County of Orange and
which is statutorily authorized to assume those powers, obligations,
liabilities, and duties.
SEC. 5. Section 99150 of the Public Utilities Code is amended to
read:
99150. In locating its bus stops, park and ride service
facilities, and special service terminal points and stations, a
transit district shall consult with, and consider the recommendations
of, the city if such those transit
facilities are to be located therein, or the county if such
those transit facilities are to be located in
the unincorporated area thereof, on the proposed locations.
The city or county, as the case may be, in making its
recommendations to the transit district on the proposed location of
any such those transit facilities,
shall consider whether the proposed location is consistent with the
circulation and transportation element of its general
plan.
SEC. 6. Section 132359 of the Public Utilities Code is amended to
read:
132359. (a) The consolidated agency shall prepare and adopt a
multimodal surface transportation accessibility plan for airports in
San Diego County (airport multimodal accessibility plan) by December
31, 2013. The airport multimodal accessibility plan should be updated
as necessary for the consolidated agency to comply with Section
132360.2.
(b) The airport multimodal accessibility plan shall be prepared in
consultation with the San Diego County Regional Airport Authority,
San Diego County, the cities within San Diego County, the transit
operators within San Diego County, the Department of Transportation,
the civilian and military airport operators within San Diego County,
and airport operators in regions adjacent to San Diego County.
(c) The consolidated agency, in consultation with the San Diego
County Regional Airport Authority, shall undertake and complete a
public participation process to aid in the preparation of the airport
multimodal accessibility plan. The public participation process
shall employ a procedure that includes a method of addressing and
responding to recommendations made by the public.
(d) The elements of the airport multimodal accessibility plan
shall include the following:
(1) The identification of multimodal transportation investments
that will improve surface transportation access to the airports in
San Diego County and to other counties, if appropriate. The
investments may include improvements that increase capacity through
the construction of new facilities, or modification to existing
facilities, and investments in operational improvements that enhance
the carrying capacity of existing facilities.
(2) A program of investments and the anticipated schedule for the
development of the projects that comprise the program.
(3) A financial element that estimates for the period of the plan
the amount of funding that can be expected, the likely revenue
sources from which the funding will be derived, and the program of
investments supported by the expected revenue. The financial element
shall also contain recommendations for allocation of funds. The
financial element may recommend the development of specified new
sources of revenue, consistent with the policy element and action.
(4) Other elements that further the development of the airport
multimodal accessibility plan.
(e) In preparing the airport multimodal accessibility plan, the
consolidated agency shall consider the following:
(1) The regional aviation strategic plan prepared by the San Diego
County Regional Airport Authority.
(2) The airport master plans of the civilian and military airport
operators in the county.
(3) The general plans and their circulation and
transportation element of the cities within San Diego County
and San Diego County.
(4) The transit plans of the transit operators in San Diego
County.
(5) The highway system improvement plans and programs of the
Department of Transportation.
(6) The intercity passenger rail plans of the California
High-Speed Rail Authority.
(7) The interregional aviation and rail plans from the regions
bordering San Diego County.
(8) Other pertinent plans.
(f) Not less than six months prior to the adoption of the airport
multimodal accessibility plan, the consolidated agency shall
circulate for review and comment the draft plan and its proposed
recommendations to the San Diego County Regional Airport Authority,
the operators of the remaining civilian and military airports in San
Diego County, the cities within San Diego County in which an airport
is located, San Diego County, the Department of Transportation,
representatives of the tenants of the airports, and other interested
parties.
(g) Following adoption of the first airport multimodal
accessibility plan, the San Diego County Regional Airport Authority
shall submit updated airport land use compatibility plans to the
consolidated agency for review prior to adoption of the revised
airport land use compatibility plan by the San Diego County Regional
Airport Authority. The board of directors of the consolidated agency
shall review proposed airport land use compatibility plans and
updates to the plans submitted by the San Diego County Regional
Airport Authority and make a determination as to their compatibility
with the airport multimodal accessibility plan. In the event the
consolidated agency finds that the plans are incompatible with the
airport multimodal accessibility plan, the consolidated agency shall
return the plan to the San Diego County Regional Airport Authority
with its findings. The San Diego County Regional Airport Authority
shall make any necessary modifications to achieve compatibility and
resubmit the plan to the consolidated agency for another
compatibility review.
(h) The regional aviation strategic plan shall be reviewed not
less than every five years and shall be updated, as necessary, to
comply with Section 132360.2.
(i) The airport multimodal accessibility plan shall not limit the
authority granted to the San Diego County Regional Airport Authority
in subdivision (a) of Section 170048.
SEC. 7. Section 75.9 of the Streets and Highways Code is amended
to read:
75.9. Upon the selection, adoption, and determination of the
location for a state highway or freeway, the commission shall notify
all planning agencies and legislative bodies having responsibility
pursuant to Section 65300 of the Government Code for the adoption of
the general plan or plans in the area affected by such
that commission action. Within 90 days after
receipt of such that notice,
all such those planning agencies and legislative
bodies shall revise the circulation and transportation
element of their general plans to reflect such
the commission action.
SEC. 8. Section 21101 of the Vehicle Code is amended to read:
21101. Local authorities, for those highways under their
jurisdiction, may adopt rules and regulations by ordinance or
resolution on the following matters:
(a) Closing any highway to vehicular traffic when, in the opinion
of the legislative body having jurisdiction, the highway is either of
the following:
(1) No longer needed for vehicular traffic.
(2) The closure is in the interests of public safety and all of
the following conditions and requirements are met:
(A) The street proposed for closure is located in a county with a
population of 6,000,000 or more.
(B) The street has an unsafe volume of traffic and a significant
incidence of crime.
(C) The affected local authority conducts a public hearing on the
proposed street closure.
(D) Notice of the hearing is provided to residents and owners of
property adjacent to the street proposed for closure.
(E) The local authority makes a finding that closure of the street
likely would result in a reduced rate of crime.
(b) Designating any highway as a through highway and requiring
that all vehicles observe official traffic control devices before
entering or crossing the highway or designating any intersection as a
stop intersection and requiring all vehicles to stop at one or more
entrances to the intersection.
(c) Prohibiting the use of particular highways by certain
vehicles, except as otherwise provided by the Public Utilities
Commission pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
(d) Closing particular streets during regular school hours for the
purpose of conducting automobile driver training programs in the
secondary schools and colleges of this state.
(e) Temporarily closing a portion of any street for celebrations,
parades, local special events, and other purposes when, in the
opinion of local authorities having jurisdiction or a public officer
or employee that the local authority designates by resolution, the
closing is necessary for the safety and protection of persons who are
to use that portion of the street during the temporary closing.
(f) Prohibiting entry to, or exit from, or both, from any street
by means of islands, curbs, traffic barriers, or other roadway design
features to implement the circulation and transportation
element of a general plan adopted pursuant to Article 6 (commencing
with Section 65350) of Chapter 3 of Division 1 of Title 7 of the
Government Code. The rules and regulations authorized by this
subdivision shall be consistent with the responsibility of local
government to provide for the health and safety of its citizens.
SEC. 9. Section 35701 of the Vehicle Code is amended to read:
35701. (a) Any city, or county for a residence district, may, by
ordinance, prohibit the use of a street by any commercial vehicle or
by any vehicle exceeding a maximum gross weight limit, except with
respect to any vehicle which is subject to Sections 1031 to 1036,
inclusive, of the Public Utilities Code, and except with respect to
vehicles used for the collection and transportation of garbage,
rubbish, or refuse using traditionally used routes in San Diego
County when the solid waste management plan prepared under Section
66780.1 of the Government Code is amended to designate each
traditionally used route used for the purpose of transporting
garbage, rubbish, or refuse which intersects with a local or regional
arterial circulation route contained within a city or county's
traffic circulation and transportation
element and which provides access to a solid waste disposal site.
(b) The ordinance shall not be effective until appropriate signs
are erected indicating either the streets affected by the ordinance
or the streets not affected, as the local authority determines will
best serve to give notice of the ordinance.
(c) No ordinance adopted pursuant to this section after November
10, 1969, shall apply to any state highway which is included in the
National System of Interstate and Defense Highways, except an
ordinance which has been approved by a two-thirds vote of the
California Transportation Commission.
(d) The solid waste management plan prepared under Section 66780.1
of the Government Code by San Diego County may designate the
traditionally used routes.
(e) "Traditionally used route," for purposes of this section,
means any street used for a period of one year or more as access to
or from a solid waste disposal site.