BILL NUMBER: AB 1290 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member John A. Pérez
FEBRUARY 22, 2013
An act to amend Sections 14502, 14506, 14522, 14522.3, 14536,
65080, and 65082 of the Government Code, and to amend Section 75125
of the Public Resources Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1290, as introduced, John A. Pérez. Transportation planning.
Existing law creates the California Transportation Commission,
with various powers and duties relative to the programming of
transportation capital projects and allocation of funds to those
projects, pursuant to the state transportation improvement program
and various other transportation funding programs. Existing law
provides that the commission consists of 13 members, including 11
voting members, of which 9 are appointed by the Governor subject to
Senate confirmation and 2 are appointed by the Legislature. In
addition, 2 members of the Legislature are appointed as ex officio
members without vote.
This bill would provide for 2 additional voting members of the
commission to be appointed by the Legislature. The bill would also
provide for the Secretary of the Transportation Agency, the
Chairperson of the State Air Resources Board, and the Director of
Housing and Community Development to serve as ex officio members
without vote.
Existing law provides for the commission to organize itself into
various committees, including the Committee on Planning, which, among
other things, is responsible for monitoring the transportation
planning and programming process.
This bill would provide that the commission's Committee on
Planning is also responsible for monitoring outcomes from land
development and transportation investments in accordance with the
sustainable communities strategy required to be adopted by
transportation planning agencies as part of the regional
transportation plan.
Existing law authorizes the commission to prescribe study areas
for analysis and evaluation by transportation planning agencies, and
guidelines for the preparation of regional transportation plans, in
cooperation with those agencies.
This bill would require the guidelines to contain minimum
requirements for assessment and consideration of alternative land use
scenarios and corresponding transportation system and network
alternatives leading to the adoption of a regional transportation
plan and a sustainable communities strategy. The bill would require
the commission to annually prescribe and receive a brief report from
each transportation planning agency describing progress in
implementing the sustainable communities strategy and in attaining
greenhouse gas emission reductions.
Existing law requires the commission to prepare and submit an
annual report to the Legislature on various topics.
This bill would require the annual report to include a summary of
the commission's assessment of progress around the state toward state
objectives of greenhouse gas emission reductions, from patterns of
ongoing land developments and transportation investments.
Existing law requires each transportation planning agency, on a
biennial basis, to prepare and submit to the commission a regional
transportation improvement program containing transportation capital
projects identified for funding through the next cycle of the 5-year
state transportation improvement program.
This bill would require the regional transportation improvement
program to identify the relationship of each project proposed to the
region's adopted sustainable communities strategy.
Existing law creates the Strategic Growth Council consisting of
various state agencies, with certain powers and duties relative to
the identification and review of activities and funding programs of
those agencies in order to achieve specified objectives.
This bill would require the council to identify activities,
programs, and local assistance funding of its member agencies that
have a significant effect on the implementation of sustainable
communities strategies. The bill would require each member agency to
be notified of those matters, and would require each member agency to
report annually to the California Transportation Commission on steps
that it has taken to ensure that its policies, activities, programs,
and local assistance funding help attain greenhouse gas emission
reduction targets, among other things.
By imposing additional requirements on transportation planning
agencies, the bill would impose a state-mandated local program.
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 14502 of the Government Code is amended to
read:
14502. The commission consists of 13 18
members appointed as follows:
(a) Nine members shall be appointed by the Governor with the
advice and consent of the Senate. One member
Two members shall be appointed by the Speaker of the Assembly
and one member two members shall be
appointed by the Senate Committee on Rules, with neither
none of these members subject to confirmation by
the Senate. A member appointed pursuant to this subdivision shall
not simultaneously hold an elected public office, or serve on any
local or regional public board or commission with business before the
commission.
(b) (1) One Member of the Senate appointed
by the Senate Committee on Rules and one Member of the Assembly
appointed by the Speaker of the Assembly shall be ex officio members
without vote and shall participate in the activities of the
commission to the extent that such participation is not incompatible
with their positions as Members of the Legislature.
(2) The Secretary of the Transportation Agency, the Chairperson of
the State Air Resources Board, and the Director of Housing and
Community Development shall be ex officio members without vote and
shall participate in the activities of the commission to the extent
that such participation is not incompatible with their positions in
the executive branch.
(c) Notwithstanding any other provision of law, a voting member of
the commission may serve on the High-Speed Rail Authority as
established in Division 19.5 (commencing with Section 185000) of the
Public Utilities Code.
SEC. 2. Section 14506 of the Government Code is amended to read:
14506. In order to perform its duties and functions, the
commission shall organize itself into at least the following four
committees:
(a) The Committee on Aeronautics, which shall consider issues
related to aeronautics.
(b) The Committee on Streets and Highways, which shall consider
issues related to streets and highways.
(c) The Committee on Mass Transportation, which shall consider
issues related to the movement of groups of people within urban
areas, and between rural communities and between cities.
(d) The Committee on Planning, which shall be responsible for
transportation planning related issues, including, but not limited
to, monitoring the transportation planning and programming process
and monitoring outcomes from land development and transportation
investments in accordance with sustainable communities strategies
pursuant to Chapter 2.5 (commencing with Section 65080) of
Division 1 of Title 7 and recommending to the commission the
allocation of federal and state funds available for planning and
research.
SEC. 3. Section 14522 of the Government Code is amended to read:
14522. (a) In cooperation with the regional
transportation planning agencies, the commission may prescribe study
areas for analysis and evaluation by such agencies and guidelines
for the preparation of the regional transportation plans.
(b) Guidelines for preparation of regional transportation plans
shall contain minimum requirements for assessment and consideration
of alternative land use scenarios and corresponding transportation
system and network alternatives leading to adoption of a regional
transportation plan and sustainable communities strategy, with the
objective of attainment of state greenhouse gas emission reductions,
pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1
of Title 7, relative to those transportation planning agencies
required to prepare a sustainable communities strategy.
(c) The commission shall prescribe and annually, on or before
October 15, receive, from transportation planning agencies required
to prepare a sustainable communities strategy, a brief report
describing progress in implementing sustainable communities
strategies and attaining state greenhouse gas emission reductions,
pursuant to subdivision (e) of Section 65080, commencing in 2014.
After receiving the second set of reports due in October 2015, the
commission may, after consulting with transportation planning
agencies, prepare guidelines to ensure that these reports are
concise, coherent, focused on state objectives, and comparable across
the state.
SEC. 4. Section 14522.3 of the Government Code is amended to read:
14522.3. The commission shall include in an attachment to
the next each revision of its
guidelines prescribed pursuant to Section 14522 a summary of the
policies, practices, or projects that have been employed by
metropolitan planning organizations that promote health and health
equity , for the purpose of sharing ideas among transportation
planning agencies . The summary attachment may include, but is
not limited to, projects that implement any Safe Routes to Schools
program, established pursuant to Section 2333.5 of the Streets and
Highways Code, multiuse recreational trails, pedestrian and bicyclist
pathways, and programs that serve transportation needs in rural
communities.
SEC. 5. Section 14536 of the Government Code is amended to read:
14536. (a) The annual report shall include an explanation and
summary of major policies and decisions adopted by the commission
during the previously completed state and federal fiscal year, with
an explanation of any changes in policy associated with the
performance of its duties and responsibilities over the past year.
(b) The annual report shall include a summary of the commission's
assessment of progress around the state toward state objectives of
greenhouse gas emission reductions, from patterns of ongoing land
developments and transportation investments. That assessment shall be
informed by the reports submitted to the commission by
transportation planning agencies pursuant to subdivision (c) of
Section 14522 and by state agencies pursuant to Section 75125 of the
Public Resources Code. The commission may also submit a selection or
all of those reports as an appendix to its annual report if it finds
that to be necessary for a full understanding of progress.
(b)
(c) The annual report may also include a discussion of
any significant upcoming transportation issues anticipated to be of
concern to the public and the Legislature.
(c) The annual report submitted to the Legislature for the years
2001 to 2008, inclusive, shall include all of the following:
(1) A summary and discussion of loans and transfers authorized
pursuant to Sections 14556.7 and 14556.8.
(2) A summary and discussion on the cash-flow and project delivery
impact of those loans and transfers.
(3) A summary of any guidance provided to the department pursuant
to Section 14556.7.
SEC. 6. 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) 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 (viii) 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),
and (vi) of subparagraph (B), the Metropolitan Transportation
Commission shall be responsible for clauses (iv) and (viii) of
subparagraph (B); and the Association of Bay Area Governments and the
Metropolitan Transportation Commission shall jointly be responsible
for clause (vii) 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 (vii) and (viii) 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.
(e) Each transportation planning agency that prepares a
sustainable communities strategy pursuant to paragraph (2) of
subdivision (b) shall prepare and submit, annually on or before
October 15, to the California Transportation Commission, a brief
report describing expectations for urban development expressed in the
regional transportation plan's sustainable community strategy,
outcomes from actual development approved or completed and occupied,
and the relationship between the development reported and
transportation projects funded for construction, during the year
since the previous report. The report shall distinguish among
residential, commercial, and office and industrial development uses
and intensities, identify areas of significant urban infill
development and development on open greenfields, identify areas of
mixed use development and development at higher density than typical
in surrounding areas, and describe any areas where significant
progress has been made toward town center developments that provide a
mix of commercial and office properties with residential units in a
compact area with a walkable environment, either as infill
developments in suburban areas or stand alone new developments.
Transportation projects for construction shall include, but are not
limited to, expansions of road capacity on highways and major
arterial roads, improved or new transit services, and complete
streets or bicycle and pedestrian improvements in areas of
significant infill or town center development, and may include
operational improvements that diminish or eliminate significant
traffic bottlenecks inside the urban area. The report should include
one or more maps that assist in understanding the location of land
developments in relation to transportation projects.
SEC. 7. Section 65082 of the Government Code is amended to read:
65082. (a) (1) A five-year regional transportation improvement
program shall be prepared, adopted, and submitted to the California
Transportation Commission on or before December 15 of each
odd-numbered year thereafter, updated every two years, pursuant to
Sections 65080 and 65080.5 and the guidelines adopted pursuant to
Section 14530.1, to include regional transportation improvement
projects and programs proposed to be funded, in whole or in part, in
the state transportation improvement program.
(2) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and be listed by relative priority, taking into account need,
delivery milestone dates, and the availability of funding.
(b) Except for those counties that do not prepare a congestion
management program pursuant to Section 65088.3, congestion management
programs adopted pursuant to Section 65089 shall be incorporated
into the regional transportation improvement program submitted to the
commission by December 15 of each odd-numbered year.
(c) Local projects not included in a congestion management program
shall not be included in the regional transportation improvement
program. Projects and programs adopted pursuant to subdivision (a)
shall be consistent with the capital improvement program adopted
pursuant to paragraph (5) of subdivision (b) of Section 65089, and
the guidelines adopted pursuant to Section 14530.1.
(d) Other projects may be included in the regional transportation
improvement program if listed separately.
(e) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional transportation improvement program
for that county, the department shall, in consultation with the
affected local agencies, prepare the program for all counties for
which it prepares a regional transportation plan.
(f) The requirements for incorporating a congestion management
program into a regional transportation improvement program specified
in this section do not apply in those counties that do not prepare a
congestion management program in accordance with Section 65088.3.
(g) The regional transportation improvement program may include a
reserve of county shares for providing funds in order to match
federal funds.
(h) The regional transportation improvement program shall identify
the relationship of each project proposed to the region's
sustainable communities strategy in the regional transportation plan
adopted pursuant to paragraph (2) of subdivision (b) of Section
65080, for those regions required to prepare a sustainable
communities strategy.
SEC. 8. Section 75125 of the Public Resources Code is amended to
read:
75125. The council shall do all of the following:
(a) 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 the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a
minimum, the The council shall identify activities,
programs, and local assistance funding of member agencies
that have a significant effect on implementation of sustainable
communities strategies pursuant to Chapter 2.5 (commencing with
section 65080) of Division 1 of Title 7 of the Government Code,
notify member agencies of the activities, programs, and local
assistance funding so identified, and require each member agency so
notified to report annually by August 15 to the council and to the
California Transportation Commission on steps it has taken to ensure
that its policies, activities, programs and local assistance funding
help attain greenhouse gas emission reduction targets, and to explain
in the context of the agency's missions any statutory constraints
that prevent the agency from pursuing policies, activities, programs,
and local assistance funding that would help attain those greenhouse
gas emission reduction targets. The council shall review and
comment on the five-year infrastructure plan developed pursuant to
Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of
Division 3 of the Government Code and the State Environmental Goals
and Policy Report developed pursuant to Section 65041 of the
Government Code.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.
SEC. 9. 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.