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,









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             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.   








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            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  








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            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  








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          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  








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            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