BILL ANALYSIS
SB 391
Page 1
SENATE THIRD READING
SB 391 (Liu)
As Amended May 4, 2009
Majority vote
SENATE VOTE :23-15
TRANSPORTATION 9-5 APPROPRIATIONS 12-5
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|Ayes:|Eng, Blumenfield, |Ayes:|De Leon, Ammiano, |
| |Buchanan, Furutani, | |Charles Calderon, |
| |Galgiani, | |Coto, Davis, Fuentes, |
| |Bonnie Lowenthal, John A. | |Hall, |
| |Perez, Solorio, Torlakson | |John A. Perez, Skinner, |
| | | |Solorio, Torlakson, Hill |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jeffries, Conway, |Nays:|Conway, Harkey, Miller, |
| |Garrick, Miller, Niello | |Nielsen, |
| | | |Audra Strickland |
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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:
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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,
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
community strategies and assess how implementation of the
sustainable community 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
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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.
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
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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
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 OPR 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
OPR 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 Assembly Appropriations
Committee, $500,000 in federal planning funds for consultant
contracts through 2015, along with one-half position at an
annual cost of $56,000 to develop scope of work, monitor the
contract and integrate the results into the CTP. Each
subsequent plan update would require an additional contract,
likely in the range of $300,000 over five years.
COMMENTS : According to the author, this bill is an effort to
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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
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."
Other related planning efforts include those of the Strategic
Growth Council, established in 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;
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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.
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 has passed out of the Assembly
Appropriations Committee.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0002589