Amended in Senate September 3, 2013

Amended in Senate July 2, 2013

Amended in Assembly April 23, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 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, begin delete and to amend Section 75125 of the Public Resources Code, end delete 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 begin delete Secretary of the Transportation Agency, the end delete Chairperson of the State Air Resources begin delete Board, and the Director of Housing and Community Development end delete begin insert Board end insert to serve as begin insert an end insert ex officio begin delete members end delete begin insert member end insert 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 require each appointing power 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. begin insert Existing law requires each transportation planning agency to adopt a regional transportation plan for its area. Existing law requires transportation planning agencies designated as metropolitan planning organizations in urban areas to adopt a sustainable communities strategies or alternative planning strategies as part of their regional transportation plans, relative to attaining certain greenhouse gas reduction targets. end insert

This bill would provide that the commission’s Committee on Planning is also responsible for monitoring outcomes from begin delete land development and transportation investments in accordance with end delete the sustainable communities strategy begin insert or alternative planning strategy end insert required to be adopted by transportation planning agencies as part of the regional transportation plan.

begin delete

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.

end delete

This bill would require begin delete 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 end delete begin insert each transportation planning agency that is required to prepare a sustainable communities strategy or alternative planning strategy as part of its regional transportation plan to provide the commission with a copy of the strategy and a brief report describing the progress the agency has made in reducing greenhouse gas emissions end insert . The bill would begin delete require each transportation planning agency’s report to include an assessment of the regions’s progress made, along with any end delete begin insert provide that the report may also outline the end insert challenges begin delete facing the region, with respect to its ability to implement policies and projects set forth in the sustainable communities strategy end delete begin insert that affect implementation of the plan and attainment of the greenhouse gas reduction targets end 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 begin delete under end delete , or a foundation for begin delete , end delete future analysis begin insert , end insert under the California Environmental Quality Act.

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 begin insert by the commission’s Committee on Planning end insert of begin delete 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 end delete begin insert its actions in monitoring implementation and outcomes from the sustainable communities strategies or alternative planning strategies adopted by transportation planning agencies end insert .

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 begin delete strategy. end delete begin insert or alternative planning strategy. The bill would provide that this discussion shall not be binding on future regional transportation improvement programs or funding decisions, as specified, and shall not constitute an alternative, or a foundation for future analysis, under the California Environmental Quality Act. end insert

begin delete

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.

end delete begin delete

This bill would require the council to report annually to the California Transportation Commission on steps that it has taken in that regard.

end delete

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 begin delete 18 end delete begin insert 16 end insert members appointed
as follows:

(a) Nine members shall be appointed by the Governor with the
advice and consent of the Senate. Two members shall be appointed
by the Speaker of the Assembly and two members shall be
appointed by the Senate Committee on Rules, with 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 begin delete Secretary of the Transportation Agency, the end delete Chairperson
of the State Air Resources begin delete Board, and the Director of Housing and
Community Development end delete begin insert Board end insert shall be begin insert an end insert ex officio begin delete members end delete
begin insert member end insert without vote and shall participate in the activities of the
commission to the extent that such participation is not incompatible
with begin delete their positions end delete begin insert his or her position end insert 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 14504 of the Government Code is amended
to read:

14504.  

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

The Governor, the Speaker of the Assembly, and the Senate
Committee on Rules shall make every effort to assure that
transportation expertise that has not traditionally been represented
on the commission is reflected in 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.

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

SEC. 3.  

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 begin delete land development and
transportation investments in accordance with end delete begin insert the end insert sustainable
communities strategies begin insert or alternative planning strategies adopted
by transportation planning agencies end insert 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. begin insert The committee
may consult with the State Air Resources Board and the
Department of Housing and Community Development for technical
assistance in carrying out its functions. end insert

SEC. 4.  

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.

begin delete

(b) The commission shall prescribe and, on or before October
15 of each even-numbered year beginning in 2014, receive, from
regional 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. After receiving the second set of reports due
in October 2016, 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.

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Within two years of adopting a regional transportation
plan, a transportation planning agency required to adopt a
sustainable communities strategy or alternative planning strategy,
if applicable, shall provide the commission with a copy of the
strategy and a brief report describing the progress the agency has
made in reducing greenhouse gas emissions pursuant to subdivision
(e) of Section 65080. The report may also outline the challenges
that affect implementation of the plan and attainment of the
greenhouse gas emissions reduction target end insert begin insert . end insert

begin insert

(2) The multicounty transportation planning agency described
in Section 130004 of the Public Utilities Code shall consult with
the county transportation commissions created pursuant to Sections
130050, 130050.1, and 132800 of the Public Utilities Code in the
development of the report required by paragraph (1).

end insert begin insert

(3) The report submitted pursuant to paragraph (1) and any
provision contained in the report shall not be binding on future
regional transportation plans prepared by, or funding decisions
made by, the transportation planning agency or a county
transportation commission, and shall not constitute an alternative,
or a foundation for future analysis, under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).

end insert begin insert

(4) Paragraph (1) shall be applicable to a transportation
planning agency that has adopted a regional transportation plan
with a sustainable communities strategy or alternative planning
strategy prior to January 1, 2014, in which case the report required
under that paragraph shall be submitted to the commission on or
before August 14, 2014.

end insert

SEC. 5.  

Section 14522.3 of the Government Code is amended
to read:

14522.3.  

The commission shall include in an attachment to
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. 6.  

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 begin delete of end delete begin insert by end insert the
begin delete assessment of the commission and the Strategic Growth Counsel,
in collaboration, of progress around the state toward state objectives
of greenhouse gas emission reductions, from patterns of ongoing
land developments and transportation investments. end delete begin insert commission’s
Committee on Planning on its actions in monitoring the
implementation and outcomes from the adoption of sustainable
communities strategies or alternative planning strategies pursuant
to subdivision (b) of Section 65080. end insert That begin delete assessment end delete begin insert summary end insert
shall be informed by the begin delete biennial end delete reports submitted to the
commission by begin delete regional transportation planning agencies pursuant
to subdivision (b) of Section 14522 and subdivision (e) of Section
65080, and reports submitted by state agencies pursuant to Section
75125 of the Public Resources Code end delete begin insert the transportation planning
agencies end insert . 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.

(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.

SEC. 7.  

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)  begin delete (1) end delete begin delete   end delete Each regional transportation planning agency that
prepares a sustainable communities strategy begin insert or alternative planning
strategy end insert pursuant to paragraph (2) of subdivision (b) shall prepare
and submit, begin delete biennially, starting on or before October 15, 2014, end delete to
the California Transportation Commission, begin insert as required pursuant
to subdivision (b) of Section 14522, end insert a brief report describing the
begin delete regions’s end delete begin insert region’s end insert progress in implementing its sustainable
communities strategy begin insert or alternative planning strategy end insert . begin delete The report
shall include an assessment of progress made, along with any
challenges the region is facing, with respect to its ability to
implement policies and projects that were set forth in its sustainable
communities strategy. In the region served by the multicounty
transportation planning agency described in Section 130004 of the
Public Utilities Code, the report shall be prepared for each
subregional area using a similar process to the process outlined in
subparagraph (D) of paragraph (2) of subdivision (b), as it applies
to development of the sustainable communities strategy or
alternative planning strategy. end delete

begin delete

(2) The report submitted pursuant to paragraph (1) and any
provision contained in the report shall not be binding on future
regional transportation plans prepared, or funding decisions made,
by the regional transportation planning agency or a county
transportation commission, and shall not constitute an alternative
under, or a foundation for, future analysis under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).

end delete

SEC. 8.  

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)  begin insert (1) end insert begin insert   end insert The regional transportation improvement program shall
include a discussion of how it relates to the region’s sustainable
communities strategy begin insert or alternative planning strategy end insert adopted
pursuant to paragraph (2) of subdivision (b) of Section 65080, for
those regions required to prepare a sustainable communities
strategy begin insert or alternative planning strategy end insert .

begin insert

The discussion included in the regional transportation
improvement program pursuant to paragraph (1) shall not be
binding on future regional transportation improvement programs
prepared, or funding decisions made, by the regional
transportation planning agency or a county transportation
commission, and shall not constitute an alternative, or a foundation
for future analysis, under the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code.

end insert

begin delete

SEC. 9.  

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.
The council shall report annually by August 15, at a public hearing,
to the California Transportation Commission on the steps it has
taken in that regard. The council shall also 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.

end delete

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

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.