Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1179

Introduced by Assembly Member Bocanegra

February 22, 2013

An act to amend Section 65080 of the Government Code, and to amend Section 75121 of the Public Resources Code, relating to planning.

LEGISLATIVE COUNSEL’S DIGEST

AB 1179, as amended, Bocanegra. Regional transportation plan: sustainable communities strategy: schoolsites.

Existing law requires certain transportation planning activities by designated regional transportation planning agencies, including development of a regional transportation plan. Certain of these agencies are designated by federal law as metropolitan planning organizations. Existing law requires metropolitan planning organizations to adopt a sustainable communities strategy, subject to specified requirements, as part of a regional transportation plan, which is to be designed to achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region.

This bill would additionally require the sustainable communities strategy to identify, in consultation with each local educational agency in the region, begin delete future school facilities sites, or existing facilities that may be modernized or expanded end delete begin insert how the sustainable communities strategy may impact school enrollments and capacities and the need for new schoolsites or expansion or modernization of existing schoolsites end insert , as specified. By imposing additional requirements on local agencies, the bill would impose a state-mandated local program.

Existing law creates the Strategic Growth Council, consisting of specified state officers and a public member appointed by the Governor, with specified duties relating to coordination of actions of state agencies relative to improvement of air and water quality, natural resource protection, transportation, and various other matters.

This bill would add the Superintendent of Public Instruction or his or her designee to the Strategic Growth Council.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 65080 of the Government Code is
amended to read:

65080.  

(a) Each transportation planning agency designated
under Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan
shall be action-oriented and pragmatic, considering both the
short-term and long-term future, and shall present clear, concise
policy guidance to local and state officials. The regional
transportation plan shall consider factors specified in Section 134
of Title 23 of the United States Code. Each transportation planning
agency shall consider and incorporate, as appropriate, the
transportation plans of cities, counties, districts, private
organizations, and state and federal agencies.

(b) The regional transportation plan shall be an internally
consistent document and shall include all of the following:

(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may
quantify a set of indicators including, but not limited to, all of the
following:

(A) Measures of mobility and traffic congestion, including, but
not limited to, daily vehicle hours of delay per capita and vehicle
miles traveled per capita.

(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.

(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of
the following:

(i) Single occupant vehicle.

(ii) Multiple occupant vehicle or carpool.

(iii) Public transit including commuter rail and intercity rail.

(iv) Walking.

(v) Bicycling.

(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).

(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.

(F) The requirements of this section may be met utilizing
existing sources of information. No additional traffic counts,
household surveys, or other sources of data shall be required.

(2) A sustainable communities strategy prepared by each
metropolitan planning organization as follows:

(A) No later than September 30, 2010, the State Air Resources
Board shall provide each affected region with greenhouse gas
emission reduction targets for the automobile and light truck sector
for 2020 and 2035, respectively.

(i) No later than January 31, 2009, the state board shall appoint
a Regional Targets Advisory Committee to recommend factors to
be considered and methodologies to be used for setting greenhouse
gas emission reduction targets for the affected regions. The
committee shall be composed of representatives of the metropolitan
planning organizations, affected air districts, the League of
California Cities, the California State Association of Counties,
local transportation agencies, and members of the public, including
homebuilders, environmental organizations, planning organizations,
environmental justice organizations, affordable housing
organizations, and others. The advisory committee shall transmit
a report with its recommendations to the state board no later than
September 30, 2009. In recommending factors to be considered
and methodologies to be used, the advisory committee may
consider any relevant issues, including, but not limited to, data
needs, modeling techniques, growth forecasts, the impacts of
regional jobs-housing balance on interregional travel and
greenhouse gas emissions, economic and demographic trends, the
magnitude of greenhouse gas reduction benefits from a variety of
land use and transportation strategies, and appropriate methods to
describe regional targets and to monitor performance in attaining
those targets. The state board shall consider the report prior to
setting the targets.

(ii) Prior to setting the targets for a region, the state board shall
exchange technical information with the metropolitan planning
organization and the affected air district. The metropolitan planning
organization may recommend a target for the region. The
metropolitan planning organization shall hold at least one public
workshop within the region after receipt of the report from the
advisory committee. The state board shall release draft targets for
each region no later than June 30, 2010.

(iii) In establishing these targets, the state board shall take into
account greenhouse gas emission reductions that will be achieved
by improved vehicle emission standards, changes in fuel
composition, and other measures it has approved that will reduce
greenhouse gas emissions in the affected regions, and prospective
measures the state board plans to adopt to reduce greenhouse gas
emissions from other greenhouse gas emission sources as that term
is defined in subdivision (i) of Section 38505 of the Health and
Safety Code and consistent with the regulations promulgated
pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code).

(iv) The state board shall update the regional greenhouse gas
emission reduction targets every eight years consistent with each
metropolitan planning organization’s timeframe for updating its
regional transportation plan under federal law until 2050. The state
board may revise the targets every four years based on changes in
the factors considered under clause (iii). The state board shall
exchange technical information with the Department of
Transportation, metropolitan planning organizations, local
governments, and affected air districts and engage in a consultative
process with public and private stakeholders prior to updating these
targets.

(v) The greenhouse gas emission reduction targets may be
expressed in gross tons, tons per capita, tons per household, or in
any other metric deemed appropriate by the state board.

(B) Each metropolitan planning organization shall prepare a
sustainable communities strategy, subject to the requirements of
Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of
Federal Regulations, including the requirement to utilize the most
recent planning assumptions considering local general plans and
other factors. The sustainable communities strategy shall (i)
identify the general location of uses, residential densities, and
building intensities within the region, (ii) identify areas within the
region sufficient to house all the population of the region, including
all economic segments of the population, over the course of the
planning period of the regional transportation plan taking into
account net migration into the region, population growth, household
formation and employment growth, (iii) identify areas within the
region sufficient to house an eight-year projection of the regional
housing need for the region pursuant to Section 65584, (iv) identify
a transportation network to service the transportation needs of the
region, (v) gather and consider the best practically available
scientific information regarding resource areas and farmland in
the region as defined in subdivisions (a) and (b) of Section
65080.01, (vi) consider the state housing goals specified in Sections
65580 and 65581, (vii) identify, in consultation with each local
educational agency, as defined in Section 421 of the Education
Code, in the region, begin delete future school facilities sites, with an emphasis
on sites that enable pupils to walk to school and have the potential
for joint use of the school facilities by the community, or existing
school facilities for modernization or expansion if the area served
by an existing school facility has been identified for infill or related
development end delete begin insert how the sustainable communities strategy may impact
school enrollments and capacities and the need for new schoolsites,
and how the sustainable communities strategy may impact school
capacities in the areas targeted for infill development and the need
for expansion or modernization of existing schoolsites end insert , (viii) set
forth a forecasted development pattern for the region, which, when
integrated with the transportation network, and other transportation
measures and policies, will reduce the greenhouse gas emissions
from automobiles and light trucks to achieve, if there is a feasible
way to do so, the greenhouse gas emission reduction targets
approved by the state board, and (ix) allow the regional
transportation plan to comply with Section 176 of the federal Clean
Air Act (42 U.S.C. Sec. 7506).

(C) (i) Within the jurisdiction of the Metropolitan
Transportation Commission, as defined by Section 66502, the
Association of Bay Area Governments shall be responsible for
clauses (i), (ii), (iii), (v), (vi) and (vii) of subparagraph (B), the
Metropolitan Transportation Commission shall be responsible for
clauses (iv) and (ix) of subparagraph (B); and the Association of
Bay Area Governments and the Metropolitan Transportation
Commission shall jointly be responsible for clause (viii) of
subparagraph (B).

(ii) Within the jurisdiction of the Tahoe Regional Planning
Agency, as defined in Sections 66800 and 66801, the Tahoe
Metropolitan Planning Organization shall use the Regional Plan
for the Lake Tahoe Region as the sustainable community strategy,
provided that it complies with clauses (viii) and (ix) of
subparagraph (B).

(D) In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, a subregional council of governments and the county
transportation commission may work together to propose the
sustainable communities strategy and an alternative planning
strategy, if one is prepared pursuant to subparagraph (I), for that
subregional area. The metropolitan planning organization may
adopt a framework for a subregional sustainable communities
strategy or a subregional alternative planning strategy to address
the intraregional land use, transportation, economic, air quality,
and climate policy relationships. The metropolitan planning
organization shall include the subregional sustainable communities
strategy for that subregion in the regional sustainable communities
strategy to the extent consistent with this section and federal law
and approve the subregional alternative planning strategy, if one
is prepared pursuant to subparagraph (I), for that subregional area
to the extent consistent with this section. The metropolitan planning
organization shall develop overall guidelines, create public
participation plans pursuant to subparagraph (F), ensure
coordination, resolve conflicts, make sure that the overall plan
complies with applicable legal requirements, and adopt the plan
for the region.

(E) The metropolitan planning organization shall conduct at
least two informational meetings in each county within the region
for members of the board of supervisors and city councils on the
sustainable communities strategy and alternative planning strategy,
if any. The metropolitan planning organization may conduct only
one informational meeting if it is attended by representatives of
the county board of supervisors and city council members
representing a majority of the cities representing a majority of the
population in the incorporated areas of that county. Notice of the
meeting or meetings shall be sent to the clerk of the board of
supervisors and to each city clerk. The purpose of the meeting or
meetings shall be to discuss the sustainable communities strategy
and the alternative planning strategy, if any, including the key land
use and planning assumptions to the members of the board of
supervisors and the city council members in that county and to
solicit and consider their input and recommendations.

(F) Each metropolitan planning organization shall adopt a public
participation plan, for development of the sustainable communities
strategy and an alternative planning strategy, if any, that includes
all of the following:

(i) Outreach efforts to encourage the active participation of a
broad range of stakeholder groups in the planning process,
consistent with the agency’s adopted Federal Public Participation
Plan, including, but not limited to, affordable housing advocates,
transportation advocates, neighborhood and community groups,
environmental advocates, home builder representatives,
broad-based business organizations, landowners, commercial
property interests, and homeowner associations.

(ii) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.

(iii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear
understanding of the issues and policy choices. At least one
workshop shall be held in each county in the region. For counties
with a population greater than 500,000, at least three workshops
shall be held. Each workshop, to the extent practicable, shall
include urban simulation computer modeling to create visual
representations of the sustainable communities strategy and the
alternative planning strategy.

(iv) Preparation and circulation of a draft sustainable
communities strategy and an alternative planning strategy, if one
is prepared, not less than 55 days before adoption of a final regional
transportation plan.

(v) At least three public hearings on the draft sustainable
communities strategy in the regional transportation plan and
alternative planning strategy, if one is prepared. If the metropolitan
transportation organization consists of a single county, at least two
public hearings shall be held. To the maximum extent feasible, the
hearings shall be in different parts of the region to maximize the
opportunity for participation by members of the public throughout
the region.

(vi) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.

(G) In preparing a sustainable communities strategy, the
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.

(H) Prior to adopting a sustainable communities strategy, the
metropolitan planning organization shall quantify the reduction in
greenhouse gas emissions projected to be achieved by the
sustainable communities strategy and set forth the difference, if
any, between the amount of that reduction and the target for the
region established by the state board.

(I) If the sustainable communities strategy, prepared in
compliance with subparagraph (B) or (D), is unable to reduce
greenhouse gas emissions to achieve the greenhouse gas emission
reduction targets established by the state board, the metropolitan
planning organization shall prepare an alternative planning strategy
to the sustainable communities strategy showing how those
greenhouse gas emission targets would be achieved through
alternative development patterns, infrastructure, or additional
transportation measures or policies. The alternative planning
strategy shall be a separate document from the regional
transportation plan, but it may be adopted concurrently with the
regional transportation plan. In preparing the alternative planning
strategy, the metropolitan planning organization:

(i) Shall identify the principal impediments to achieving the
targets within the sustainable communities strategy.

(ii) May include an alternative development pattern for the
region pursuant to subparagraphs (B) to (G), inclusive.

(iii) Shall describe how the greenhouse gas emission reduction
targets would be achieved by the alternative planning strategy, and
why the development pattern, measures, and policies in the
alternative planning strategy are the most practicable choices for
achievement of the greenhouse gas emission reduction targets.

(iv) An alternative development pattern set forth in the
alternative planning strategy shall comply with Part 450 of Title
23 of, and Part 93 of Title 40 of, the Code of Federal Regulations,
except to the extent that compliance will prevent achievement of
the greenhouse gas emission reduction targets approved by the
state board.

(v) For purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public
Resources Code), an alternative planning strategy shall not
constitute a land use plan, policy, or regulation, and the
inconsistency of a project with an alternative planning strategy
shall not be a consideration in determining whether a project may
have an environmental effect.

(J) (i) Prior to starting the public participation process adopted
pursuant to subparagraph (F), the metropolitan planning
organization shall submit a description to the state board of the
technical methodology it intends to use to estimate the greenhouse
gas emissions from its sustainable communities strategy and, if
appropriate, its alternative planning strategy. The state board shall
respond to the metropolitan planning organization in a timely
manner with written comments about the technical methodology,
including specifically describing any aspects of that methodology
it concludes will not yield accurate estimates of greenhouse gas
emissions, and suggested remedies. The metropolitan planning
organization is encouraged to work with the state board until the
state board concludes that the technical methodology operates
accurately.

(ii) After adoption, a metropolitan planning organization shall
submit a sustainable communities strategy or an alternative
planning strategy, if one has been adopted, to the state board for
review, including the quantification of the greenhouse gas emission
reductions the strategy would achieve and a description of the
technical methodology used to obtain that result. Review by the
state board shall be limited to acceptance or rejection of the
metropolitan planning organization’s determination that the strategy
submitted would, if implemented, achieve the greenhouse gas
emission reduction targets established by the state board. The state
board shall complete its review within 60 days.

(iii) If the state board determines that the strategy submitted
would not, if implemented, achieve the greenhouse gas emission
reduction targets, the metropolitan planning organization shall
revise its strategy or adopt an alternative planning strategy, if not
previously adopted, and submit the strategy for review pursuant
to clause (ii). At a minimum, the metropolitan planning
organization must obtain state board acceptance that an alternative
planning strategy would, if implemented, achieve the greenhouse
gas emission reduction targets established for that region by the
state board.

(K) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (J), shall either one be subject to any state
approval. Nothing in a sustainable communities strategy shall be
interpreted as superseding the exercise of the land use authority
of cities and counties within the region. Nothing in this section
shall be interpreted to limit the state board’s authority under any
other provision of law. Nothing in this section shall be interpreted
to authorize the abrogation of any vested right whether created by
statute or by common law. Nothing in this section shall require a
city’s or county’s land use policies and regulations, including its
general plan, to be consistent with the regional transportation plan
or an alternative planning strategy. Nothing in this section requires
a metropolitan planning organization to approve a sustainable
communities strategy that would be inconsistent with Part 450 of
Title 23 of, or Part 93 of Title 40 of, the Code of Federal
Regulations and any administrative guidance under those
regulations. Nothing in this section relieves a public or private
entity or any person from compliance with any other local, state,
or federal law.

(L) Nothing in this section requires projects programmed for
funding on or before December 31, 2011, to be subject to the
provisions of this paragraph if they (i) are contained in the 2007
or 2009 Federal Statewide Transportation Improvement Program,
(ii) are funded pursuant to Chapter 12.49 (commencing with
Section 8879.20) of Division 1 of Title 2, or (iii) were specifically
listed in a ballot measure prior to December 31, 2008, approving
a sales tax increase for transportation projects. Nothing in this
section shall require a transportation sales tax authority to change
the funding allocations approved by the voters for categories of
transportation projects in a sales tax measure adopted prior to
December 31, 2010. For purposes of this subparagraph, a
transportation sales tax authority is a district, as defined in Section
7252 of the Revenue and Taxation Code, that is authorized to
impose a sales tax for transportation purposes.

(M) A metropolitan planning organization, or a regional
transportation planning agency not within a metropolitan planning
organization, that is required to adopt a regional transportation
plan not less than every five years, may elect to adopt the plan not
less than every four years. This election shall be made by the board
of directors of the metropolitan planning organization or regional
transportation planning agency no later than June 1, 2009, or
thereafter 54 months prior to the statutory deadline for the adoption
of housing elements for the local jurisdictions within the region,
after a public hearing at which comments are accepted from
members of the public and representatives of cities and counties
within the region covered by the metropolitan planning
organization or regional transportation planning agency. Notice
of the public hearing shall be given to the general public and by
mail to cities and counties within the region no later than 30 days
prior to the date of the public hearing. Notice of election shall be
promptly given to the Department of Housing and Community
Development. The metropolitan planning organization or the
regional transportation planning agency shall complete its next
regional transportation plan within three years of the notice of
election.

(N) Two or more of the metropolitan planning organizations
for Fresno County, Kern County, Kings County, Madera County,
Merced County, San Joaquin County, Stanislaus County, and
Tulare County may work together to develop and adopt
multiregional goals and policies that may address interregional
land use, transportation, economic, air quality, and climate
relationships. The participating metropolitan planning organizations
may also develop a multiregional sustainable communities strategy,
to the extent consistent with federal law, or an alternative planning
strategy for adoption by the metropolitan planning organizations.
Each participating metropolitan planning organization shall
consider any adopted multiregional goals and policies in the
development of a sustainable communities strategy and, if
applicable, an alternative planning strategy for its region.

(3) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all transportation
projects proposed for development during the 20-year or greater
life of the plan. The action element shall consider congestion
management programming activities carried out within the region.

(4) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain
recommendations for allocation of funds. A county transportation
commission created pursuant to Section 130000 of the Public
Utilities Code shall be responsible for recommending projects to
be funded with regional improvement funds, if the project is
consistent with the regional transportation plan. The first five years
of the financial element shall be based on the five-year estimate
of funds developed pursuant to Section 14524. The financial
element may recommend the development of specified new sources
of revenue, consistent with the policy element and action element.

(B) The financial element of transportation planning agencies
with populations that exceed 200,000 persons may include a project
cost breakdown for all projects proposed for development during
the 20-year life of the plan that includes total expenditures and
related percentages of total expenditures for all of the following:

(i) State highway expansion.

(ii) State highway rehabilitation, maintenance, and operations.

(iii) Local road and street expansion.

(iv) Local road and street rehabilitation, maintenance, and
operation.

(v) Mass transit, commuter rail, and intercity rail expansion.

(vi) Mass transit, commuter rail, and intercity rail rehabilitation,
maintenance, and operations.

(vii) Pedestrian and bicycle facilities.

(viii) Environmental enhancements and mitigation.

(ix) Research and planning.

(x) Other categories.

(C) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined in Section 65080.01, for
the purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system
and farm-to-market and interconnectivity transportation needs.
The metropolitan planning organization or county transportation
agency, whichever entity is appropriate, shall also consider
financial assistance for counties to address countywide service
responsibilities in counties that contribute toward the greenhouse
gas emission reduction targets by implementing policies for growth
to occur within their cities.

(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of mobility
for specific sectors of the community, including, but not limited
to, senior citizens.

(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation.
A transportation planning agency located in a federally designated
air quality attainment area or that does not contain an urbanized
area may at its option adopt and submit a regional transportation
plan every five years. When applicable, the plan shall be consistent
with federal planning and programming requirements and shall
conform to the regional transportation plan guidelines adopted by
the California Transportation Commission. Prior to adoption of
the regional transportation plan, a public hearing shall be held after
the giving of notice of the hearing by publication in the affected
county or counties pursuant to Section 6061.

SEC. 2.  

Section 75121 of the Public Resources Code is
amended to read:

75121.  

(a) The Strategic Growth Council is hereby established
in state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Resources Agency,
the Secretary for Environmental Protection, the Secretary of the
Transportation Agency, the Secretary of California Health and
Human Services, the Superintendent of Public Instruction or his
or her designee, and one member of the public to be appointed by
the Governor. The public member shall have a background in land
use planning, local government, resource protection and
management, or community development or revitalization.

(b) Staff for the council shall be reflective of the council’s
membership.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.