BILL ANALYSIS SB 391 Page 1 Date of Hearing: June 29, 2009 ASSEMBLY COMMITTEE ON TRANSPORTATION Mike Eng, Chair SB 391 (Liu) - As Amended: May 4, 2009 SENATE VOTE : 23-15 SUBJECT : California Transportation Plan SUMMARY : Modifies requirements of the California Transportation Plan (CTP). Specifically, this bill : 1)Makes legislative findings and declarations regarding the lack of a statewide, comprehensive, multimodal plan for achieving California's greenhouse gas emissions targets and pollution standards. 2)Requires the California Department of Transportation (Caltrans) to update the CTP, consistent with requirements added by this bill. 3)Requires the first update to be completed by December 31, 2015, and additional updates every five years thereafter. 4)Requires the policy element of the CTP to reflect additional legislative intent related to greenhouse gas emission targets. 5)Requires that the CTP consider all the following subject areas for the movement of people and freight: a) Mobility and accessibility; b) Integration and connectivity; c) Efficient system management and operation; d) Existing system preservation; e) Safety and security; f) Economic development, including productivity and efficiency; and, SB 391 Page 2 g) Environmental protection and quality of life. 6)Requires Caltrans, in developing the CTP, to address how the state will achieve maximum feasible emissions reduction to attain a statewide reduction of greenhouse gas emissions, taking into consideration the use of alternative fuels, new vehicle technology, tailpipe emissions reductions, and expansion of public transit, commuter rail, intercity rail, bicycling, and walking. The CTP is required to identify the statewide integrated multimodal transportation system needed to achieve these results. 7)Requires Caltrans to complete an interim report by December 31, 2012, and to include an overview of all sustainable communities strategies and assess how implementation of the sustainable communities strategies will influence the configuration of the statewide integrated multimodal transportation system. 8)Requires the interim report be submitted to the California Transportation Commission (CTC) and the Chairs of the Senate Committee on Transportation and Housing, Senate Committee on Environmental Quality, Senate Committee on Local Government, Assembly Committee on Transportation, Assembly Committee on Natural Resources, and Assembly Committee on Local Government. 9)Requires Caltrans to consult with and coordinate its activities with CTC, the Strategic Growth Council, State Air Resources Board, the State Energy Resources Conservation and Development Commission, air quality management districts, and public transit operators, in addition to the already-required regional transportation planning agencies. Caltrans is also required to provide an opportunity for input by the general public. 10)Requires Caltrans to make a final draft of the CTP available to the Legislature and Governor, prior to the Governor adopting the CTP or any updates. EXISTING LAW : 11)Mandates, under federal law, the development of a 20-year state and regional long-range transportation plan as a pre-requisite for receipt of federal transportation funds. SB 391 Page 3 The plan is required to be developed in cooperation with the state's metropolitan planning organizations, local transportation officials, Native American Tribal Governments, and other interested parties. It is also to be coordinated with development of the transportation portion of the State Implementation Plan, as required by the federal Clean Air Act. 12)Declares, in state law, the intent of the Legislature that it is in the best interest of California to have an integrated state and regional transportation planning process, including development of a long-range transportation plan. 13)Defines elements to be included in the CTP, including: a) A policy element that describes the state's transportation policies and system performance objectives; b) A strategies element that incorporates the broad system concepts and strategies synthesized from adopted regional transportation plans; and, c) A recommendation element that includes economic forecasts and recommendations to the Legislature and the Governor to achieve the plan's broad system concepts, strategies, and performance objectives. 14)Finds and declares that in all cases, regional and local expressions of transportation goals, objectives, and policies that reflect the unique characteristics and aspirations of various areas of the state should be recognized in transportation planning, tempered, by consideration of statewide interests, however. 15)Establishes the Strategic Growth Council (Council), requires the Council to take certain actions with regard to coordinating specified programs of member state agencies, and requires the Council to manage and award grants and loans to support the planning and development of sustainable communities. 16)Establishes the Council, consisting of the Director of the State Office of Planning and Research (OPR), the Secretary of the Resources Agency, the Secretary for Environmental Protection, the Secretary of Business, Transportation, and SB 391 Page 4 Housing, the Secretary of California Health and Human Services, and one member of the public to be appointed by the Governor, provides for the Council's staff, chair, and meetings, and allocates $500,000 of Proposition 84 funds for support of the Council. 17)Vests the Governor's Office of Planning and Research with responsibility to serve the Governor and his or her Cabinet as staff for long-range planning and research, and constitute the comprehensive state planning agency for California. 18)Creates the Planning Advisory and Assistance Council, within the Office of Planning and Research to engage in the formulation, evaluation and updating of long-range goals and policies for land use, population growth and distribution, urban expansion, development, open space, resource preservation and utilization, air and water quality, and other factors that shape statewide development patterns and significantly influence the quality of the state's environment. FISCAL EFFECT : According to the Senate Appropriations Committee analysis, $500,000 in federal planning funds for consultant contracts through 2015. COMMENTS : According to the author, this bill is an effort to incorporate recently enacted legislation, AB 32 (Nunez), Chapter 488, Statutes of 2006, SB 375 (Steinberg), Chapter 728, Statutes of 2007, and SB 732 (Steinberg), Chapter 729, Statutes of 2008, into integrated statewide planning to secure a sustainable future for California. The author contends that "Over the last several years, the direction in California environmental preservation, transportation, housing, and infrastructure financing policy has been to break down the silos created by single purpose bureaucratic organization and legislative mandates. The 21st Century goal is to produce integrated planning processes that recognize the relationships among residential, commercial/industrial, and agricultural land use; transportation and housing; air quality; and energy planning, regulatory, and infrastructure funding processes. Much of this motivation comes from the acceptance of climate change as a reality and California's desire to be a leader in the field of addressing this global issue. A fundamental element of this direction has SB 391 Page 5 been to recognize the need for local, regional, and state coordination. In short, the new paradigm needs to emphasize both vertical and horizontal integration of the state's planning, regulatory, and funding processes." The last version of the CTP was published by Caltrans in April of 2006 and was intended to "provide a vision for California's transportation system and explore major trends that will likely influence travel behavior and transportation decisions over the next 20-plus years. In the context of these future trends and challenges, [the CTP] then provides goals, policies, and strategies to reach the vision." Yet another plan? It is not clear how the author intends this bill to inter-relate with the Strategic Growth Council established pursuant to last year's SB 732. The Council is vested with the responsibility to: 19)Identify and review activities and funding programs of member state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of AB 32, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner; 20)Review and comment on the state's five-year infrastructure plan and Environmental Goals and Policy Report; 21)Recommend policies and investment strategies to the Governor, Legislature, and appropriate state agencies to encourage the development of sustainable communities; 22)Provide, fund, and distribute data and information to local governments and regional that will assist in developing and planning sustainable communities; and, 23)Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to the provisions of this bill, for which specified implementation actions may be employed. The committee may wish to ascertain the author's vision of how the proposed CTP would be integrated with the work of the Strategic Growth Council, the Planning Advisory and Assistance SB 391 Page 6 Council, or the Office of Planning and Research, particularly as it relates to oversight of sustainable communities strategies. Related legislation : SB 406 (DeSaulnier) would update the duties and responsibilities of the Planning Advisory and Assistance Council and require it to work with the Strategic Growth Council in the state's land use planning processes, in part by working with state agencies to facilitate coordination between state planning and funding decisions and regional blueprints. That bill is currently in the Assembly Local Government Committee. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093