BILL NUMBER: SB 468	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 17, 2011

   An act to add Section 103 to the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 468, as amended, Kehoe. Department of Transportation:
capacity-increasing state highway projects: coastal zone.
   Existing law provides that the Department of Transportation has
full possession and control of the state highway system. Existing law
imposes various requirements for the development and implementation
of transportation projects.
   This bill would impose additional requirements on the department
with respect to proposed capacity-increasing state highway projects
in the coastal zone  , including requiring the department to
collaborate with local agencies, the California Coastal Commission,
and countywide or regional transportation planning agencies to
develop traffic congestion reduction goals. The bill would, for these
projects, require the department to suspend a notice of
determination relating to environmental impact   , issued
between   January 1, 2011, and January 1, 2012, until it is
determined that environmental documents for the projects satisfy the
requirements of the bill  . The bill would also make legislative
findings and declarations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) The California coastal zone is an unique natural resource, the
protection of which is recognized as a shared responsibility of the
state, local governments, and regional entities. State, local, and
regional agencies desiring to make investments in transportation
infrastructure within the coastal zone have an affirmative obligation
to ensure that investments do not compromise or diminish existing
natural resources, including the coastal zone flora and fauna, water
quality, and unique views.
   (b) The coastal zone is also a unique economic resource with both
its natural and built environment being a destination for
individuals, families, and groups to enjoy the diversity of
recreational opportunities.
   (c) Transportation investments to be made in the coastal zone
should not erode the very qualities that make it an attractive
setting in which to live, work, and recreate. 
   SEC. 2.   SECTION 1.   Section 103 is
added to the Streets and Highways Code, to read:
   103.   (a)     The Legislature finds and
declares all of the following:(1)     The
California coastal zone is a unique natural resource, the protection
of which is recognized as a shared responsibility of the state, local
governments, and regional entities. State, local, and regional
agencies desiring to make investments in transportation
infrastructure within the coastal zone have an affirmative obligation
to ensure that investments do not compromise or diminish existing
natural resources, including the coastal zone flora and fauna, water
quality, and unique views. 
    (2) The coastal zone is also a unique economic resource with
both its natural and built environment being a destination for
individuals, families, and groups to enjoy the diversity of
recreational opportunities. 
    (3) Transportation investments to be made in the coastal zone
should not erode the very qualities that make it an attractive
setting in which to live, work, and recreate. 
    (4) The transportation sector of the economy is the largest
contributor of greenhouse gases in California. To meet the reduction
goals for greenhouse gas emissions described in Assembly Bill 32 (Ch.
488, Stats. 2006) and the objectives of Senate Bill 375 (Ch. 728,
Stats. 2008), several activities are necessary, including the
reduction of vehicle miles traveled and enhancing the balance between
where jobs are located and residential housing. To this end, the
California Coastal Act of 1976 establishes the protection and
enhancement of resources in the coastal zone as a priority, including
the preservation of wetlands and viewsheds, the mitigation of
undesirable stormwater run off, protection of unique flora and fauna,
and other similar conditions. It is the intent of the Legislature to
mitigate conflicts relative to regional mobility investments and
require construction of mobility investments to demonstrate a
reduction in total vehicle miles traveled, a reduction in congestion,
improvement in the safety of the traveling public, improvement of
air quality, the minimizing of impacts to the environment, the
offering of multimodal options, and the support of jobs and housing
balance within an identified transportation corridor. 
    (b)    For proposed capacity-increasing
projects on the state highway system that are located,  all
  entirely  or in part, in the coastal zone, as
defined by Section 30103 of the Public Resources Code, the department
shall comply with all of the following requirements: 
   (a) 
    (1)  Collaborate with local agencies through which the
proposed project traverses  , the California Coastal Commission,
 and the countywide or regional transportation planning agency
to develop traffic congestion reduction goals. After identifying the
goals, identify how the proposed project will achieve the goals
without compromising the unique features of the coastal zone.

   (b) 
    (2)  Other proposed state highway projects or proposed
local street and road projects that are parallel to the proposed
project shall be included in the environmental analysis for the
proposed project. 
   (c) 
    (3)   If there is a public transportation service in the
corridor affected by the proposed project, including a commuter rail
service, for which there is a program of service and facility
investments as part of a corridor plan, the proposed  highway
 project shall not proceed to construction until the 
transit   public transportation  investment program
is complete. 
   (d) 
    (4)  If the proposed project will generate additional
traffic on city and county streets and roads within the coastal zone,
a program of improvements to mitigate the effects of additional
traffic on the local facilities shall be identified, the cost of the
necessary improvements shall be determined, and funding shall be made
available to fund the improvements. The proposed project shall not
proceed to construction until this mitigation program is implemented.

   (e) 
    (5)  To the extent that there are multiple proposed
projects in a corridor that are part of a program of projects,
construction shall be implemented  sequentially, with
construction on a subsequent project beginning only after the
previous project has been completed. This requirement does not apply
to the initial project in the program of projects.   ,
provided that the projects demonstrate an overall reduction in
vehicle miles traveled and provided the requirements of paragraph (3)
are not displaced.  
   (f) 
    (6)  Environmental consequences of each proposed 
highway  project  sequentially  constructed
pursuant to  subdivision (e)   paragraph (5)
 shall be monitored to ensure that the benefits from mitigation,
as described in the project's environmental documents, are being
achieved. If the environmental benefits can only be achieved with the
completion of a sequence of projects, the proportion of the benefits
attributable to a specific project shall be identified. 
   (c) A notice of determination issued pursuant to Section 21108 or
21152 of the Public Resources Code after January 1, 2011, but prior
to January 1, 2012, for a project subject to this section shall be
suspended by the department until it is determined that the project's
environmental documents are consistent with the provisions of this
section.