BILL NUMBER: SB 468 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2011
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
that would widen the existing paved highway 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 ,
and other affected local, state, and federal agencies to ensure
that multimodal transportation options are evaluated and included in
project design . 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. Section 103 is added to the Streets and Highways Code,
to read:
103. (a) The Legislature finds and declares all of the
following:(1) 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) Contributing to these ends, the California Coastal Act of 1976
establishes policies for the protection and enhancement of resources
in the coastal zone as a priority of statewide importance.
(3)
(4) 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)
(5) 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
integrating transportation and land use to achieve high levels of
nonmotorized travel and transit use, shorter average trip l
ength, and advanced accessibility, social equity, and
environmental justice . 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 would widen the existing paved highway and
that are located, entirely or in part, in the coastal zone, as
defined by Section 30103 Sections 30103 and
66610 of the Public Resources Code, the department shall comply
with all of the following requirements:
(1) (A) Collaborate with all
stakeholders, including 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. , and other affected
local, state, and federal agencies to ensure that multimodal
transportation options are evaluated and included in the project
design.
(B) "Multimodal" means other transportation options that are part
of the project design, including, but not limited to, double
tracking of existing rail, pedestrian walkways and bike lanes,
extension of existing commuter transit services, and increased
frequency of public transit services.
(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 required for the
proposed project.
(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 public transportation investment
program is complete.
(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.
(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, provided that the projects demonstrate an overall
reduction in vehicle miles traveled and provided the requirements of
paragraph (3) are not displaced.
(3) Construction of all or a portion of the capacity-increasing
project shall move forward concurrently with multimodal transit
projects.
(4) The environmental impact report shall evaluate the traffic
impacts of the proposed capacity-increasing highway project on city
and county streets and roads within the coastal zone, and provide for
mitigation of those impacts.
(6)
(5) Environmental consequences of each
any proposed highway expansion
project constructed pursuant to 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.
(6) Prior to a public works plan being adopted by a local transit
agency, the department shall provide at least one public hearing for
every 20 miles of project length, or portion thereof, included in the
project design.
(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.