Amended in Senate July 2, 2013

Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1290


Introduced by Assembly Member John A. Pérez

February 22, 2013


An act to amend Sections 14502, 14504, 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 amended, 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 requires the Governor, in appointing members to the California Transportation Commission, to make every effort to assure that there is a geographic balance of representation on the commission.

This bill would also requirebegin delete the Governorend deletebegin insert each appointing powerend insert to make every effort to assure that expertise in the transportation community that has not traditionally been represented on the commission is reflected in future appointments to the commission, with a particular emphasis on stakeholders involved and engaged in, among other things, efforts to make California’s transportation system more sustainable.

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 commission to biennially prescribe and receive a brief report from each transportation planning agency, beginning on or before October 15, 2014, describing progress in implementing the sustainable communities strategy and in attaining greenhouse gas emission reductions. The bill would require each transportation planning agency’s report to include an assessment of the regions’s progress made, along with any challenges facing the region, with respect to its ability to implement policies and projects set forth in the sustainable communities strategy.begin insert The bill would provide that the report shall not be binding on future regional transportation plans or funding decisions, as specified. The bill would also provide that the report shall not constitute an alternative under, or a foundation for, future analysis under the California Environmental Quality Act.end insert

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 assessment of the commission and the Strategic Growth Council of progress around the state toward state objectives of greenhouse gas emission reductions, from patterns of ongoing land development 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 include a discussion of how the program relates 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 tobegin delete 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 toend delete report annually to the California Transportation Commission on steps that it has takenbegin delete to ensure that its policies, activities, programs, and local assistance funding help attain greenhouse gas emission reduction targets, among other thingsend deletebegin insert in that regardend insert.

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:

P3    1

SECTION 1.  

Section 14502 of the Government Code is
2amended to read:

P4    1

14502.  

The commission consists of 18 members appointed as
2follows:

3(a) Nine members shall be appointed by the Governor with the
4advice and consent of the Senate. Two members shall be appointed
5by the Speaker of the Assembly and two members shall be
6appointed by the Senate Committee on Rules, with none of these
7members subject to confirmation by the Senate. A member
8appointed pursuant to this subdivision shall not simultaneously
9hold an elected public office, or serve on any local or regional
10public board or commission with business before the commission.

11(b) (1) One Member of the Senate appointed by the Senate
12Committee on Rules and one Member of the Assembly appointed
13by the Speaker of the Assembly shall be ex officio members
14without vote and shall participate in the activities of the
15commission to the extent that such participation is not incompatible
16with their positions as Members of the Legislature.

17(2) The Secretary of the Transportation Agency, the Chairperson
18of the State Air Resources Board, and the Director of Housing and
19Community Development shall be ex officio members without
20vote and shall participate in the activities of the commission to the
21extent that such participation is not incompatible with their
22positions in the executive branch.

23(c) Notwithstanding any other provision of law, a voting member
24of the commission may serve on the High-Speed Rail Authority
25as established in Division 19.5 (commencing with Section 185000)
26of the Public Utilities Code.

27

SEC. 2.  

Section 14504 of the Government Code is amended
28to read:

29

14504.  

In appointing members, the Governor shall make every
30effort to assure that there is a geographic balance of representation
31on the commission as a whole, with members from the northern
32and southern areas and from the urban and rural areas of the state.

33The Governorbegin insert, the Speaker of the Assembly, and the Senate
34Committee on Rulesend insert
shallbegin delete alsoend delete make every effort to assure that
35transportation expertise that has not traditionally been represented
36on the commission is reflected in appointments to the commission,
37with a particular emphasis on stakeholders involved and engaged
38in, among other things, efforts to make California’s transportation
39system more sustainable.

40Each member of the commission shall represent the state at large.

P5    1

SEC. 3.  

Section 14506 of the Government Code is amended
2to read:

3

14506.  

In order to perform its duties and functions, the
4commission shall organize itself into at least the following four
5committees:

6(a) The Committee on Aeronautics, which shall consider issues
7related to aeronautics.

8(b) The Committee on Streets and Highways, which shall
9consider issues related to streets and highways.

10(c) The Committee on Mass Transportation, which shall consider
11issues related to the movement of groups of people within urban
12areas, and between rural communities and between cities.

13(d) The Committee on Planning, which shall be responsible for
14transportation planning related issues, including, but not limited
15to, monitoring the transportation planning and programming
16process and monitoring outcomes from land development and
17transportation investments in accordance with sustainable
18communities strategies pursuant to Chapter 2.5 (commencing with
19Section 65080) of Division 1 of Title 7 and recommending to the
20commission the allocation of federal and state funds available for
21planning and research.

22

SEC. 4.  

Section 14522 of the Government Code is amended
23to read:

24

14522.  

(a) In cooperation with the regional transportation
25planning agencies, the commission may prescribe study areas for
26analysis and evaluation by such agencies and guidelines for the
27preparation of the regional transportation plans.

28(b) The commission shall prescribe and, on or before October
2915 of each even-numbered year beginning in 2014, receive, from
30regional transportation planning agencies required to prepare a
31sustainable communities strategy, a brief report describing progress
32in implementing sustainable communities strategies and attaining
33state greenhouse gas emission reductions, pursuant to subdivision
34(e) of Section 65080. After receiving the second set of reports due
35in October 2016, the commission may, after consulting with
36transportation planning agencies, prepare guidelines to ensure that
37these reports are concise, coherent, focused on state objectives,
38and comparable across the state.

39

SEC. 5.  

Section 14522.3 of the Government Code is amended
40to read:

P6    1

14522.3.  

The commission shall include in an attachment to
2each revision of its guidelines prescribed pursuant to Section 14522
3a summary of the policies, practices, or projects that have been
4employed by metropolitan planning organizations that promote
5health and health equity, for the purpose of sharing ideas among
6transportation planning agencies. The summary attachment may
7include, but is not limited to, projects that implement any Safe
8Routes to Schools program, established pursuant to Section 2333.5
9of the Streets and Highways Code, multiuse recreational trails,
10pedestrian and bicyclist pathways, and programs that serve
11transportation needs in rural communities.

12

SEC. 6.  

Section 14536 of the Government Code is amended
13to read:

14

14536.  

(a) The annual report shall include an explanation and
15summary of major policies and decisions adopted by the
16commission during the previously completed state and federal
17fiscal year, with an explanation of any changes in policy associated
18with the performance of its duties and responsibilities over the
19past year.

20(b) The annual report shall include a summary of the assessment
21of the commission and the Strategic Growth Counsel, in
22collaboration, of progress around the state toward state objectives
23of greenhouse gas emission reductions, from patterns of ongoing
24land developments and transportation investments. That assessment
25shall be informed by the biennial reports submitted to the
26commission by regional transportation planning agencies pursuant
27to subdivision (b) of Section 14522 and subdivision (e) of Section
2865080, and reports submitted by state agencies pursuant to Section
2975125 of the Public Resources Code. The commission may also
30submit a selection or all of those reports as an appendix to its
31annual report if it finds that to be necessary for a full understanding
32of progress.

33(c) The annual report may also include a discussion of any
34significant upcoming transportation issues anticipated to be of
35concern to the public and the Legislature.

36

SEC. 7.  

Section 65080 of the Government Code is amended
37to read:

38

65080.  

(a) Each transportation planning agency designated
39under Section 29532 or 29532.1 shall prepare and adopt a regional
40transportation plan directed at achieving a coordinated and balanced
P7    1regional transportation system, including, but not limited to, mass
2transportation, highway, railroad, maritime, bicycle, pedestrian,
3goods movement, and aviation facilities and services. The plan
4shall be action-oriented and pragmatic, considering both the
5short-term and long-term future, and shall present clear, concise
6policy guidance to local and state officials. The regional
7transportation plan shall consider factors specified in Section 134
8of Title 23 of the United States Code. Each transportation planning
9agency shall consider and incorporate, as appropriate, the
10transportation plans of cities, counties, districts, private
11organizations, and state and federal agencies.

12(b) The regional transportation plan shall be an internally
13consistent document and shall include all of the following:

14(1) A policy element that describes the transportation issues in
15the region, identifies and quantifies regional needs, and describes
16the desired short-range and long-range transportation goals, and
17pragmatic objective and policy statements. The objective and policy
18statements shall be consistent with the funding estimates of the
19financial element. The policy element of transportation planning
20agencies with populations that exceed 200,000 persons may
21quantify a set of indicators including, but not limited to, all of the
22following:

23(A) Measures of mobility and traffic congestion, including, but
24not limited to, daily vehicle hours of delay per capita and vehicle
25miles traveled per capita.

26(B) Measures of road and bridge maintenance and rehabilitation
27needs, including, but not limited to, roadway pavement and bridge
28conditions.

29(C) Measures of means of travel, including, but not limited to,
30percentage share of all trips (work and nonwork) made by all of
31the following:

32(i) Single occupant vehicle.

33(ii) Multiple occupant vehicle or carpool.

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

35(iv) Walking.

36(v) Bicycling.

37(D) Measures of safety and security, including, but not limited
38to, total injuries and fatalities assigned to each of the modes set
39forth in subparagraph (C).

P8    1(E) Measures of equity and accessibility, including, but not
2limited to, percentage of the population served by frequent and
3reliable public transit, with a breakdown by income bracket, and
4percentage of all jobs accessible by frequent and reliable public
5transit service, with a breakdown by income bracket.

6(F) The requirements of this section may be met utilizing
7existing sources of information. No additional traffic counts,
8household surveys, or other sources of data shall be required.

9(2) A sustainable communities strategy prepared by each
10metropolitan planning organization as follows:

11(A) No later than September 30, 2010, the State Air Resources
12Board shall provide each affected region with greenhouse gas
13emission reduction targets for the automobile and light truck sector
14for 2020 and 2035, respectively.

15(i) No later than January 31, 2009, the state board shall appoint
16a Regional Targets Advisory Committee to recommend factors to
17be considered and methodologies to be used for setting greenhouse
18gas emission reduction targets for the affected regions. The
19committee shall be composed of representatives of the metropolitan
20planning organizations, affected air districts, the League of
21California Cities, the California State Association of Counties,
22local transportation agencies, and members of the public, including
23homebuilders, environmental organizations, planning organizations,
24environmental justice organizations, affordable housing
25organizations, and others. The advisory committee shall transmit
26a report with its recommendations to the state board no later than
27September 30, 2009. In recommending factors to be considered
28and methodologies to be used, the advisory committee may
29consider any relevant issues, including, but not limited to, data
30needs, modeling techniques, growth forecasts, the impacts of
31regional jobs-housing balance on interregional travel and
32greenhouse gas emissions, economic and demographic trends, the
33magnitude of greenhouse gas reduction benefits from a variety of
34land use and transportation strategies, and appropriate methods to
35describe regional targets and to monitor performance in attaining
36those targets. The state board shall consider the report prior to
37setting the targets.

38(ii) Prior to setting the targets for a region, the state board shall
39exchange technical information with the metropolitan planning
40organization and the affected air district. The metropolitan planning
P9    1organization may recommend a target for the region. The
2metropolitan planning organization shall hold at least one public
3workshop within the region after receipt of the report from the
4advisory committee. The state board shall release draft targets for
5each region no later than June 30, 2010.

6(iii) In establishing these targets, the state board shall take into
7account greenhouse gas emission reductions that will be achieved
8by improved vehicle emission standards, changes in fuel
9composition, and other measures it has approved that will reduce
10greenhouse gas emissions in the affected regions, and prospective
11measures the state board plans to adopt to reduce greenhouse gas
12emissions from other greenhouse gas emission sources as that term
13is defined in subdivision (i) of Section 38505 of the Health and
14Safety Code and consistent with the regulations promulgated
15pursuant to the California Global Warming Solutions Act of 2006
16(Division 25.5 (commencing with Section 38500) of the Health
17and Safety Code).

18(iv) The state board shall update the regional greenhouse gas
19emission reduction targets every eight years consistent with each
20metropolitan planning organization’s timeframe for updating its
21regional transportation plan under federal law until 2050. The state
22board may revise the targets every four years based on changes in
23the factors considered under clause (iii). The state board shall
24exchange technical information with the Department of
25Transportation, metropolitan planning organizations, local
26governments, and affected air districts and engage in a consultative
27process with public and private stakeholders prior to updating these
28targets.

29(v) The greenhouse gas emission reduction targets may be
30expressed in gross tons, tons per capita, tons per household, or in
31any other metric deemed appropriate by the state board.

32(B) Each metropolitan planning organization shall prepare a
33sustainable communities strategy, subject to the requirements of
34Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of
35Federal Regulations, including the requirement to utilize the most
36recent planning assumptions considering local general plans and
37other factors. The sustainable communities strategy shall (i)
38identify the general location of uses, residential densities, and
39building intensities within the region, (ii) identify areas within the
40region sufficient to house all the population of the region, including
P10   1all economic segments of the population, over the course of the
2planning period of the regional transportation plan taking into
3account net migration into the region, population growth, household
4formationbegin insert,end insert and employment growth, (iii) identify areas within the
5region sufficient to house an eight-year projection of the regional
6housing need for the region pursuant to Section 65584, (iv) identify
7a transportation network to service the transportation needs of the
8region, (v) gather and consider the best practically available
9scientific information regarding resource areas and farmland in
10the region as defined in subdivisions (a) and (b) of Section
1165080.01, (vi) consider the state housing goals specified in Sections
1265580 and 65581, (vii) set forth a forecasted development pattern
13for the region, which, when integrated with the transportation
14network, and other transportation measures and policies, will
15reduce the greenhouse gas emissions from automobiles and light
16trucks to achieve, if there is a feasible way to do so, the greenhouse
17gas emission reduction targets approved by the state board, and
18(viii) allow the regional transportation plan to comply with Section
19176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).

20(C) (i) Within the jurisdiction of the Metropolitan
21Transportation Commission, as defined by Section 66502, the
22 Association of Bay Area Governments shall be responsible for
23clauses (i), (ii), (iii), (v), and (vi) of subparagraphbegin delete (B),end deletebegin insert (B);end insert the
24Metropolitan Transportation Commission shall be responsible for
25clauses (iv) and (viii) of subparagraph (B); and the Association of
26Bay Area Governments and the Metropolitan Transportation
27Commission shall jointly be responsible for clause (vii) of
28subparagraph (B).

29(ii) Within the jurisdiction of the Tahoe Regional Planning
30Agency, as defined in Sections 66800 and 66801, the Tahoe
31Metropolitan Planning Organization shall use the Regional Plan
32for the Lake Tahoe Region as the sustainable community strategy,
33provided that it complies with clauses (vii) and (viii) of
34subparagraph (B).

35(D) In the region served by the multicounty transportation
36planning agency described in Section 130004 of the Public Utilities
37Code, a subregional council of governments and the county
38transportation commission may work together to propose the
39sustainable communities strategy and an alternative planning
40strategy, if one is prepared pursuant to subparagraph (I), for that
P11   1subregional area. The metropolitan planning organization may
2adopt a framework for a subregional sustainable communities
3strategy or a subregional alternative planning strategy to address
4the intraregional land use, transportation, economic, air quality,
5and climate policy relationships. The metropolitan planning
6organization shall include the subregional sustainable communities
7strategy for that subregion in the regional sustainable communities
8strategy to the extent consistent with this section and federal law
9and approve the subregional alternative planning strategy, if one
10is prepared pursuant to subparagraph (I), for that subregional area
11to the extent consistent with this section. The metropolitan planning
12organization shall develop overall guidelines, create public
13participation plans pursuant to subparagraph (F), ensure
14coordination, resolve conflicts, make sure that the overall plan
15complies with applicable legal requirements, and adopt the plan
16for the region.

17(E) The metropolitan planning organization shall conduct at
18least two informational meetings in each county within the region
19for members of the board of supervisors and city councils on the
20sustainable communities strategy and alternative planning strategy,
21if any. The metropolitan planning organization may conduct only
22one informational meeting if it is attended by representatives of
23the county board of supervisors and city council members
24representing a majority of the cities representing a majority of the
25population in the incorporated areas of that county. Notice of the
26meeting or meetings shall be sent to the clerk of the board of
27supervisors and to each city clerk. The purpose of the meeting or
28meetings shall be to discuss the sustainable communities strategy
29and the alternative planning strategy, if any, including the key land
30use and planning assumptions to the members of the board of
31supervisors and the city council members in that county and to
32solicit and consider their input and recommendations.

33(F) Each metropolitan planning organization shall adopt a public
34participation plan, for development of the sustainable communities
35strategy and an alternative planning strategy, if any, that includes
36all of the following:

37(i) Outreach efforts to encourage the active participation of a
38broad range of stakeholder groups in the planning process,
39consistent with the agency’s adopted Federal Public Participation
40Plan, including, but not limited to, affordable housing advocates,
P12   1transportation advocates, neighborhood and community groups,
2environmental advocates, home builder representatives,
3broad-based business organizations, landowners, commercial
4property interests, and homeowner associations.

5(ii) Consultation with congestion management agencies,
6transportation agencies, and transportation commissions.

7(iii) Workshops throughout the region to provide the public with
8the information and tools necessary to provide a clear
9understanding of the issues and policy choices. At least one
10workshop shall be held in each county in the region. For counties
11with a population greater than 500,000, at least three workshops
12shall be held. Each workshop, to the extent practicable, shall
13include urban simulation computer modeling to create visual
14representations of the sustainable communities strategy and the
15alternative planning strategy.

16(iv) Preparation and circulation of a draft sustainable
17communities strategy and an alternative planning strategy, if one
18is prepared, not less than 55 days before adoption of a final regional
19transportation plan.

20(v) At least three public hearings on the draft sustainable
21communities strategy in the regional transportation plan and
22alternative planning strategy, if one is prepared. If the metropolitan
23transportation organization consists of a single county, at least two
24public hearings shall be held. To the maximum extent feasible, the
25hearings shall be in different parts of the region to maximize the
26opportunity for participation by members of the public throughout
27the region.

28(vi) A process for enabling members of the public to provide a
29single request to receive notices, information, and updates.

30(G) In preparing a sustainable communities strategy, the
31metropolitan planning organization shall consider spheres of
32influence that have been adopted by the local agency formation
33commissions within its region.

34(H) Prior to adopting a sustainable communities strategy, the
35metropolitan planning organization shall quantify the reduction in
36greenhouse gas emissions projected to be achieved by the
37sustainable communities strategy and set forth the difference, if
38any, between the amount of that reduction and the target for the
39region established by the state board.

P13   1(I) If the sustainable communities strategy, prepared in
2compliance with subparagraph (B) or (D), is unable to reduce
3greenhouse gas emissions to achieve the greenhouse gas emission
4reduction targets established by the state board, the metropolitan
5planning organization shall prepare an alternative planning strategy
6to the sustainable communities strategy showing how those
7greenhouse gas emission targets would be achieved through
8alternative development patterns, infrastructure, or additional
9transportation measures or policies. The alternative planning
10strategy shall be a separate document from the regional
11transportation plan, but it may be adopted concurrently with the
12regional transportation plan. In preparing the alternative planning
13strategy, the metropolitan planning organization:

14(i) Shall identify the principal impediments to achieving the
15targets within the sustainable communities strategy.

16(ii) May include an alternative development pattern for the
17region pursuant to subparagraphs (B) to (G), inclusive.

18(iii) Shall describe how the greenhouse gas emission reduction
19targets would be achieved by the alternative planning strategy, and
20why the development pattern, measures, and policies in the
21alternative planning strategy are the most practicable choices for
22achievement of the greenhouse gas emission reduction targets.

23(iv) An alternative development pattern set forth in the
24alternative planning strategy shall comply with Part 450 of Title
2523 of, and Part 93 of Title 40 of, the Code of Federal Regulations,
26except to the extent that compliance will prevent achievement of
27the greenhouse gas emission reduction targets approved by the
28state board.

29(v) For purposes of the California Environmental Quality Act
30(Division 13 (commencing with Section 21000) of the Public
31Resources Code), an alternative planning strategy shall not
32constitute a land use plan, policy, or regulation, and the
33inconsistency of a project with an alternative planning strategy
34shall not be a consideration in determining whether a project may
35have an environmental effect.

36(J) (i) Prior to starting the public participation process adopted
37pursuant to subparagraph (F), the metropolitan planning
38organization shall submit a description to the state board of the
39technical methodology it intends to use to estimate the greenhouse
40gas emissions from its sustainable communities strategy and, if
P14   1appropriate, its alternative planning strategy. The state board shall
2respond to the metropolitan planning organization in a timely
3manner with written comments about the technical methodology,
4including specifically describing any aspects of that methodology
5it concludes will not yield accurate estimates of greenhouse gas
6emissions, and suggested remedies. The metropolitan planning
7organization is encouraged to work with the state board until the
8state board concludes that the technical methodology operates
9accurately.

10(ii) After adoption, a metropolitan planning organization shall
11submit a sustainable communities strategy or an alternative
12planning strategy, if one has been adopted, to the state board for
13review, including the quantification of the greenhouse gas emission
14reductions the strategy would achieve and a description of the
15technical methodology used to obtain that result. Review by the
16state board shall be limited to acceptance or rejection of the
17metropolitan planning organization’s determination that the strategy
18submitted would, if implemented, achieve the greenhouse gas
19emission reduction targets established by the state board. The state
20board shall complete its review within 60 days.

21(iii) If the state board determines that the strategy submitted
22would not, if implemented, achieve the greenhouse gas emission
23reduction targets, the metropolitan planning organization shall
24revise its strategy or adopt an alternative planning strategy, if not
25previously adopted, and submit the strategy for review pursuant
26to clause (ii). At a minimum, the metropolitan planning
27organization must obtain state board acceptance that an alternative
28planning strategy would, if implemented, achieve the greenhouse
29gas emission reduction targets established for that region by the
30state board.

31(K) Neither a sustainable communities strategy nor an alternative
32planning strategy regulates the use of land, nor, except as provided
33by subparagraph (J), shall either one be subject to any state
34approval. Nothing in a sustainable communities strategy shall be
35interpreted as superseding the exercise of the land use authority
36of cities and counties within the region. Nothing in this section
37shall be interpreted to limit the state board’s authority under any
38other provision of law. Nothing in this section shall be interpreted
39to authorize the abrogation of any vested right whether created by
40statute or by common law. Nothing in this section shall require a
P15   1city’s or county’s land use policies and regulations, including its
2general plan, to be consistent with the regional transportation plan
3or an alternative planning strategy. Nothing in this section requires
4a metropolitan planning organization to approve a sustainable
5communities strategy that would be inconsistent with Part 450 of
6Title 23 of, or Part 93 of Title 40 of, the Code of Federal
7Regulations and any administrative guidance under those
8regulations. Nothing in this section relieves a public or private
9entity or any person from compliance with any other local, state,
10or federal law.

11(L) Nothing in this section requires projects programmed for
12funding on or before December 31, 2011, to be subject to the
13provisions of this paragraph if they (i) are contained in the 2007
14or 2009 Federal Statewide Transportation Improvement Program,
15(ii) are funded pursuant to Chapter 12.49 (commencing with
16Section 8879.20) of Division 1 of Title 2, or (iii) were specifically
17listed in a ballot measure prior to December 31, 2008, approving
18a sales tax increase for transportation projects. Nothing in this
19section shall require a transportation sales tax authority to change
20the funding allocations approved by the voters for categories of
21transportation projects in a sales tax measure adopted prior to
22December 31, 2010. For purposes of this subparagraph, a
23transportation sales tax authority is a district, as defined in Section
247252 of the Revenue and Taxation Code, that is authorized to
25impose a sales tax for transportation purposes.

26(M) A metropolitan planning organization, or a regional
27transportation planning agency not within a metropolitan planning
28organization, that is required to adopt a regional transportation
29plan not less than every five years, may elect to adopt the plan not
30less than every four years. This election shall be made by the board
31of directors of the metropolitan planning organization or regional
32transportation planning agency no later than June 1, 2009, or
33thereafter 54 months prior to the statutory deadline for the adoption
34of housing elements for the local jurisdictions within the region,
35after a public hearing at which comments are accepted from
36members of the public and representatives of cities and counties
37within the region covered by the metropolitan planning
38organization or regional transportation planning agency. Notice
39of the public hearing shall be given to the general public and by
40mail to cities and counties within the region no later than 30 days
P16   1prior to the date of the public hearing. Notice of election shall be
2promptly given to the Department of Housing and Community
3Development. The metropolitan planning organization or the
4regional transportation planning agency shall complete its next
5regional transportation plan within three years of the notice of
6election.

7(N) Two or more of the metropolitan planning organizations
8for Fresno County, Kern County, Kings County, Madera County,
9Merced County, San Joaquin County, Stanislaus County, and
10Tulare County may work together to develop and adopt
11multiregional goals and policies that may address interregional
12land use, transportation, economic, air quality, and climate
13relationships. The participating metropolitan planning organizations
14may also develop a multiregional sustainable communities strategy,
15to the extent consistent with federal law, or an alternative planning
16strategy for adoption by the metropolitan planning organizations.
17Each participating metropolitan planning organization shall
18consider any adopted multiregional goals and policies in the
19development of a sustainable communities strategy and, if
20applicable, an alternative planning strategy for its region.

21(3) An action element that describes the programs and actions
22necessary to implement the plan and assigns implementation
23responsibilities. The action element may describe all transportation
24projects proposed for development during the 20-year or greater
25life of the plan. The action element shall consider congestion
26management programming activities carried out within the region.

27(4) (A) A financial element that summarizes the cost of plan
28implementation constrained by a realistic projection of available
29revenues. The financial element shall also contain
30recommendations for allocation of funds. A county transportation
31commission created pursuant to Section 130000 of the Public
32Utilities Code shall be responsible for recommending projects to
33be funded with regional improvement funds, if the project is
34consistent with the regional transportation plan. The first five years
35of the financial element shall be based on the five-year estimate
36of funds developed pursuant to Section 14524. The financial
37element may recommend the development of specified new sources
38of revenue, consistent with the policy element and action element.

39(B) The financial element of transportation planning agencies
40with populations that exceed 200,000 persons may include a project
P17   1cost breakdown for all projects proposed for development during
2the 20-year life of the plan that includes total expenditures and
3related percentages of total expenditures for all of the following:

4(i) State highway expansion.

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

6(iii) Local road and street expansion.

7(iv) Local road and street rehabilitation, maintenance, and
8operation.

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

10(vi) Mass transit, commuter rail, and intercity rail rehabilitation,
11maintenance, and operations.

12(vii) Pedestrian and bicycle facilities.

13(viii) Environmental enhancements and mitigation.

14(ix) Research and planning.

15(x) Other categories.

16(C) The metropolitan planning organization or county
17transportation agency, whichever entity is appropriate, shall
18consider financial incentives for cities and counties that have
19resource areas or farmland, as defined in Section 65080.01, for
20the purposes of, for example, transportation investments for the
21preservation and safety of the city street or county road system
22and farm-to-market and interconnectivity transportation needs.
23The metropolitan planning organization or county transportation
24agency, whichever entity is appropriate, shall also consider
25financial assistance for counties to address countywide service
26responsibilities in counties that contribute toward the greenhouse
27gas emission reduction targets by implementing policies for growth
28to occur within their cities.

29(c) Each transportation planning agency may also include other
30factors of local significance as an element of the regional
31transportation plan, including, but not limited to, issues of mobility
32for specific sectors of the community, including, but not limited
33to, senior citizens.

34(d) Except as otherwise provided in this subdivision, each
35transportation planning agency shall adopt and submit, every four
36years, an updated regional transportation plan to the California
37Transportation Commission and the Department of Transportation.
38A transportation planning agency located in a federally designated
39air quality attainment area or that does not contain an urbanized
40area may at its option adopt and submit a regional transportation
P18   1plan every five years. When applicable, the plan shall be consistent
2with federal planning and programming requirements and shall
3conform to the regional transportation plan guidelines adopted by
4the California Transportation Commission. Prior to adoption of
5the regional transportation plan, a public hearing shall be held after
6the giving of notice of the hearing by publication in the affected
7county or counties pursuant to Section 6061.

8(e) begin insert(1)end insertbegin insertend insert Each regional transportation planning agency that
9prepares a sustainable communities strategy pursuant to paragraph
10(2) of subdivision (b) shall prepare and submit, biennially, starting
11on or before October 15, 2014, to the California Transportation
12Commission, a brief report describing the regions’s progress in
13implementing its sustainable communities strategy. The report
14shall include an assessment of progress made, along with any
15 challenges the region is facing, with respect to its ability to
16implement policies and projects that were set forth in its sustainable
17communities strategy.begin insert In the region served by the multicounty
18transportation planning agency described in Section 130004 of
19the Public Utilities Code, the report shall be prepared for each
20subregional area using a similar process to the process outlined
21in subparagraph (D) of paragraph (2) of subdivision (b), as it
22applies to development of the sustainable communities strategy or
23alternative planning strategy.end insert

begin insert

24(2) The report submitted pursuant to paragraph (1) and any
25provision contained in the report shall not be binding on future
26regional transportation plans prepared, or funding decisions made,
27by the regional transportation planning agency or a county
28transportation commission, and shall not constitute an alternative
29under, or a foundation for, future analysis under the California
30Environmental Quality Act (Division 13 (commencing with Section
3121000) of the Public Resources Code).

end insert
32

SEC. 8.  

Section 65082 of the Government Code is amended
33to read:

34

65082.  

(a) (1) A five-year regional transportation improvement
35program shall be prepared, adopted, and submitted to the California
36Transportation Commission on or before December 15 of each
37odd-numbered year thereafter, updated every two years, pursuant
38to Sections 65080 and 65080.5 and the guidelines adopted pursuant
39to Section 14530.1, to include regional transportation improvement
P19   1projects and programs proposed to be funded, in whole or in part,
2in the state transportation improvement program.

3(2) Major projects shall include current costs updated as of
4November 1 of the year of submittal and escalated to the
5appropriate year, and be listed by relative priority, taking into
6account need, delivery milestone dates, and the availability of
7funding.

8(b) Except for those counties that do not prepare a congestion
9management program pursuant to Section 65088.3, congestion
10management programs adopted pursuant to Section 65089 shall
11be incorporated into the regional transportation improvement
12program submitted to the commission by December 15 of each
13odd-numbered year.

14(c) Local projects not included in a congestion management
15program shall not be included in the regional transportation
16improvement program. Projects and programs adopted pursuant
17to subdivision (a) shall be consistent with the capital improvement
18program adopted pursuant to paragraph (5) of subdivision (b) of
19Section 65089, and the guidelines adopted pursuant to Section
2014530.1.

21(d) Other projects may be included in the regional transportation
22improvement program if listed separately.

23(e) Unless a county not containing urbanized areas of over
2450,000 population notifies the Department of Transportation by
25July 1 that it intends to prepare a regional transportation
26improvement program for that county, the department shall, in
27consultation with the affected local agencies, prepare the program
28for all counties for which it prepares a regional transportation plan.

29(f) The requirements for incorporating a congestion management
30program into a regional transportation improvement program
31specified in this section do not apply in those counties that do not
32prepare a congestion management program in accordance with
33Section 65088.3.

34(g) The regional transportation improvement program may
35include a reserve of county shares for providing funds in order to
36match federal funds.

37(h) The regional transportation improvement program shall
38include a discussion of how it relates to the region’s sustainable
39communities strategy adopted pursuant to paragraph (2) of
P20   1subdivision (b) of Section 65080, for those regions required to
2prepare a sustainable communities strategy.

3

SEC. 9.  

Section 75125 of the Public Resources Code is
4amended to read:

5

75125.  

The council shall do all of the following:

6(a) Identify and review activities and funding programs of
7member state agencies that may be coordinated to improve air and
8water quality, improve natural resource protection, increase the
9availability of affordable housing, improve transportation, meet
10the goals of the California Global Warming Solutions Act of 2006
11(Division 25.5 (commencing with Section 38500) of the Health
12and Safety Code), encourage sustainable land use planning, and
13revitalize urban and community centers in a sustainable manner.
14The council shall begin delete identify activities, programs, and local assistance
15funding of member agencies that have a significant effect on
16implementation of sustainable communities strategies pursuant to
17Chapter 2.5 (commencing with section 65080) of Division 1 of
18Title 7 of the Government Code, notify member agencies of the
19activities, programs, and local assistance funding so identified,
20and require each member agency so notified toend delete
report annually by
21August 15begin insert, at a public hearing,end insert tobegin delete the council and toend delete the California
22Transportation Commission onbegin insert theend insert steps it has taken begin deleteto ensure that
23its policies, activities, programs and local assistance funding help
24attain greenhouse gas emission reduction targets, and to explain
25in the context of the agency’s missions any statutory constraints
26that prevent the agency from pursuing policies, activities, programs,
27and local assistance funding that would help attain those
28greenhouse gas emission reduction targetsend delete
begin insert in that regardend insert. The
29council shallbegin insert alsoend insert review and comment on the five-year
30infrastructure plan developed pursuant to Article 2 (commencing
31with Section 13100) of Chapter 2 of Part 3 of Division 3 of the
32Government Code and the State Environmental Goals and Policy
33Report developed pursuant to Section 65041 of the Government
34Code.

35(b) Recommend policies and investment strategies and priorities
36to the Governor, the Legislature, and to appropriate state agencies
37to encourage the development of sustainable communities, such
38as those communities that promote equity, strengthen the economy,
39protect the environment, and promote public health and safety,
40consistent with subdivisions (a) and (c) of Section 75065.

P21   1(c) Provide, fund, and distribute data and information to local
2governments and regional agencies that will assist in developing
3and planning sustainable communities.

4(d) Manage and award grants and loans to support the planning
5and development of sustainable communities, pursuant to Sections
675127, 75128, and 75129. To implement this subdivision, the
7council may do all of the following:

8(1) Develop guidelines for awarding financial assistance,
9including criteria for eligibility and additional consideration.

10(2) Develop criteria for determining the amount of financial
11assistance to be awarded. The council shall award a revolving loan
12to an applicant for a planning project, unless the council determines
13that the applicant lacks the fiscal capacity to carry out the project
14without a grant. The council may establish criteria that would allow
15the applicant to illustrate an ongoing commitment of financial
16resources to ensure the completion of the proposed plan or project.

17(3) Provide for payments of interest on loans made pursuant to
18this article. The rate of interest shall not exceed the rate earned by
19the Pooled Money Investment Board.

20(4) Provide for the time period for repaying a loan made
21pursuant to this article.

22(5) Provide for the recovery of funds from an applicant that fails
23to complete the project for which financial assistance was awarded.
24The council shall direct the Controller to recover funds by any
25available means.

26(6) Provide technical assistance for application preparation.

27(7) Designate a state agency or department to administer
28technical and financial assistance programs for the disbursing of
29grants and loans to support the planning and development of
30sustainable communities, pursuant to Sections 75127, 75128, and
3175129.

32(e) No later than July 1, 2010, and every year thereafter, provide
33a report to the Legislature that shall include, but is not limited to,
34all of the following:

35(1) A list of applicants for financial assistance.

36(2) Identification of which applications were approved.

37(3) The amounts awarded for each approved application.

38(4) The remaining balance of available funds.

39(5) A report on the proposed or ongoing management of each
40funded project.

P22   1(6) Any additional minimum requirements and priorities for a
2project or plan proposed in a grant or loan application developed
3and adopted by the council pursuant to subdivision (c) of Section
4 75126.

5

SEC. 10.  

If the Commission on State Mandates determines
6that this act contains costs mandated by the state, reimbursement
7to local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.



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