BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1290
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: J. Pérez
VERSION: 7/2/13
Analysis by: Erin Riches FISCAL: Yes
Hearing date: July 9, 2013
SUBJECT:
California Transportation Commission and Strategic Growth
Council: duties
DESCRIPTION:
This bill increases the membership and duties of the California
Transportation Commission (CTC), requires regional
transportation planning agencies to submit specified information
to the CTC, expands the duties of the Strategic Growth Council
(SGC), and requires the SGC to annually report to the CTC.
ANALYSIS:
California Transportation Commission
The Legislature established the CTC in statute in 1978 to help
achieve a single, unified state transportation policy. The
governor appoints nine members to the CTC, while the Senate
Rules Committee and Assembly Speaker each appoint one member.
In addition to these 11 voting members, two ex officio,
non-voting members sit on the CTC; typically, these individuals
are the chairs of the respective transportation policy
committees in each house of the Legislature. Existing law
requires the CTC to organize itself into at least four
committees: aeronautics, streets and highways, mass
transportation, and planning.
The CTC is responsible for:
Adopting the biennial five-year State Transportation
Improvement Program (STIP) and approving the biennial
four-year State Highway Operation and Protection Program
(SHOPP), as well as adopting the biennial five-year fund
estimate of state and federal funds for each.
Allocating state funds for capital projects consistent with
the STIP, SHOPP, Traffic Congestion Relief Program,
Proposition 116 (Clean Air and Transportation Improvement Act
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of 1990), Proposition 1A (Safe, Reliable High-Speed Passenger
Train Bond Act for the 21st Century of 2008), and Proposition
1B (Highway Safety, Traffic Reduction, Air Quality and Port
Security Bond Act of 2006).
Allocating state funds for capital grants from the Aeronautics
Account and the Environmental Enhancement and Mitigation
Program Fund.
Adopting guidelines for the development of CTC-administered
programs and regional transportation plans.
Approving project proposals for public-private partnership
agreements and authorizing projects for procurement utilizing
the Design-Build Demonstration Program.
Determining eligibility of projects for High Occupancy Toll
lane implementation.
Approving right-of-way matters such as new public road
connections, resolutions of necessity, relinquishments,
specified deeds, and airspace leases.
Strategic Growth Council
SB 732 (Steinberg), Chapter 729, Statutes of 2008, established
the SGC. The SGC is comprised of the Secretary of Environmental
Protection; the Secretary of Transportation; the Secretary of
Health and Human Services; the Director of the Governor's Office
of Planning and Research; and one member of the public appointed
by the governor. The public member shall have a background in
land use planning, local government, resource protection and
management, or community development or revitalization.
The SGC is responsible for:
Identifying and reviewing 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
AB 32, the California Global Warming Solutions Act of 2006
(see "Background" below), encourage sustainable land use
planning, and revitalize urban and community centers in a
sustainable manner.
Reviewing and commenting on the governor's five-year
infrastructure plan.
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Reviewing and commenting on the State Environmental Goals and
Policy Report.
Recommending policies and investment strategies and priorities
to the governor, Legislature, and appropriate state agencies
to encourage the development of sustainable communities.
Providing, funding, and distributing data and information to
local governments and regional agencies to assist in
developing and planning sustainable communities.
Managing and awarding grants and loans to support the planning
and development of sustainable communities.
MPOs and RTPAs
Federal law requires states to establish metropolitan planning
organizations (MPOs). California's MPOs provide transportation
planning for each urbanized area with a population of over
50,000. These organizations are typically the same as an urban
region's regional transportation planning agency (RTPA); for
example, the Metropolitan Transportation Commission is both the
MPO and RTPA for the San Francisco Bay Area. MPOs outline their
transportation priorities in 20-year regional transportation
plans. Every county with at least one urbanized area is also
served by an MPO.
Local governments create RTPAs pursuant to state statute. RTPAs
are responsible for adopting a regional transportation
improvement program, which is then incorporated into the STIP
adopted by the CTC. Every county in California is served by an
RTPA. RTPAs are local transportation commissions, county
transportation commissions, councils of government, and
associations.
SB 375
In 2006, the Legislature enacted AB 32 (Nuñez and Pavley),
Chapter 488, Statutes of 2006, which requires the state Air
Resources Board (ARB) to establish a statewide greenhouse gas
emissions limit to help California reduce its greenhouse gas
emissions to 1990 levels by 2020. Two years later, the
Legislature enacted SB 375 (Steinberg), Chapter 728, Statutes of
2008, to help implement AB 32. SB 375 requires the ARB to
provide each major region of the state with greenhouse gas
emission reduction targets for the automobile and light truck
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sector. Each MPO must then prepare a "sustainable communities
strategy" (SCS) that demonstrates how the region will meet its
greenhouse gas emission reduction target through integrated land
use, housing, and transportation planning. Once adopted by the
MPO, the region incorporates the SCS into its regional
transportation plan. The ARB must review each final SCS to
determine whether it would, if implemented, achieve the target
for its region. If the ARB deems that an SCS will not meet the
designated target, the MPO must prepare a separate "alternative
planning strategy" to meet the target.
This bill :
Expands the membership of the CTC as follows:
Adds two voting members: one appointed by the Assembly
Speaker and one appointed by the Senate Rules Committee.
Adds three ex-officio, non-voting members: The
Secretary of the Transportation Agency, the Chairperson of
the ARB, and the Director of the Department of Housing and
Community Development (HCD).
Requires the governor, Senate Rules Committee, and Assembly
Speaker to make every effort to ensure that transportation
expertise, with a particular emphasis on stakeholders involved
in efforts to make the state's transportation system more
sustainable, is reflected in their CTC appointments.
Expands the duties of the CTC's planning committee by
requiring it to monitor outcomes from land development and
transportation investments pursuant to sustainable communities
strategies (SCSs).
Requires the CTC, by October 15, 2014, and each even-numbered
year thereafter, to receive a brief report from each RTPA
required to prepare an SCS that describes the RTPA's progress
in implementing its SCS and in reducing greenhouse gas
emissions.
Authorizes the CTC, after receiving the set of reports due in
October 2016, to prepare guidelines for the composition of
these reports after consulting with RTPAs.
Requires the CTC's annual report to include a summary of the
CTC's and SGC's assessment of progress throughout California
toward state greenhouse gas emission reduction objectives,
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from patterns of ongoing land developments and transportation
investments.
Allows the CTC's annual report to include a discussion of any
significant upcoming transportation issues anticipated to be
of concern to the public and to the Legislature.
Requires each RTPA that prepares an SCS to submit by October
15, 2014, and biennially thereafter, a brief report to CTC
describing the region's progress in implementing its SCS.
Requires the report to include an assessment of progress,
along with any challenges the region faces in implementing its
SCS.
Requires each RTPA located in a region that is required to
adopt an SCS to include in its regional transportation
improvement program (RTIP) a discussion of how the RTIP
relates to the region's SCS.
Requires the SGC, in addition to its other statutory duties,
to identify activities, programs, and local assistance funding
of member agencies that have a significant effect on SCS
implementation and to notify member agencies of this
information.
Requires the SGC to report annually by August 15th to the CTC,
at a public hearing of the CTC, on steps it has taken in that
regard.
COMMENTS:
1.Purpose . The author states that it is critical to update the
CTC's statutory mission to recognize significant legislative
policy changes enacted since 2006 that have advanced a
stronger focus on the nexus between transportation, air
quality, and land use. These changes include Proposition 1B,
AB 32, SB 375, the Governor's Reorganization Plan No. 2 of
2012, and SB 1039 (see "Background" below for more details).
The author asserts that given these recent initiatives and the
emerging framework for the linkage between transportation and
land use policy, it is imperative to ensure that the CTC is
better structured to address these policy shifts. The author
notes that because it is the only state transportation body
that holds regular public hearings on transportation
investments, and because it is empowered to implement policy
initiatives and make policy changes, the CTC can play a
powerful role in advancing transportation policy.
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2.Background . Between 2006 and the present, the Legislature has
enacted the following measures.
a. SB 1266 (Perata), Chapter 25, Statutes of 2006
authorized the sale of $19.925 billion in general
obligation bonds for a variety of transportation related
projects, upon voter approval at the November 2006
election. State voters ultimately approved this measure in
the form of Proposition 1B, the Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006.
b. AB 32 (Nuñez and Pavley), Chapter 488, Statutes of 2006,
the California Global Warming Solutions Act of 2006,
requires the ARB to establish a statewide greenhouse gas
emissions limit to help California reduce its greenhouse
gas emissions to 1990 levels by 2020.
c. SB 375 (Steinberg), Chapter 728, Statutes of 2008,
requires the ARB to provide each major region of the state
with greenhouse gas emission reduction targets for the
automobile and light truck sector. It also requires each
regional transportation plan to include an SCS, including a
regional land use plan, designed to achieve the targets for
greenhouse gas emission reduction. And it requires the CTC
to maintain guidelines for travel demand models.
d. SB 732 (Steinberg), Chapter 729, Statutes of 2008,
establishes the SGC and requires it to coordinate member
state agencies to improve air and water quality, protect
natural resources and agriculture lands, increase the
availability of affordable housing, improve infrastructure
systems, promote public health, and assist state and local
entities in the planning of sustainable communities and
meeting AB 32 goals.
e. The Governor's Reorganization Plan No. 2 of 2012,
institutes a number of executive branch changes, effective
July 1, 2013, including creating a new Transportation
Agency comprised of Caltrans, the Department of the
California Highway Patrol, the Department of Motor
Vehicles, the High-Speed Rail Authority, the Board of Pilot
Commissioners, and the CTC.
f. SB 1039 (Steinberg), Chapter 147, Statutes of 2012,
makes several modifications to the reorganization plan,
including requiring HCD, Caltrans, and the CTC to
coordinate state housing and transportation policies and
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programs to help achieve state and regional planning
priorities and to maximize co-benefits of infrastructure
investments.
3.Role of the CTC . The Legislature established the CTC to help
achieve a single, unified state transportation policy. The
CTC is responsible for allocating billions of dollars of
transportation funds and by any measure is a powerful agency.
This bill would direct the CTC to engage not just in the
state's transportation programs, but also in housing, air
quality, and land use programs. The committee may wish to
consider whether expanding the CTC's role into other major
policy areas poses the risk of fragmenting the CTC's mission
and decreasing its ability to play its transportation policy
role to the highest degree of effectiveness and efficiency.
4.Are more commissioners necessary ? The CTC currently has 13
members, of which 11 are voting members. In addition,
representatives from the Transportation Agency and Caltrans,
though not commissioners, sit on the dais at each meeting.
This bill would increase the CTC to 18 members (13 voting),
including the Secretary of Transportation, the ARB Chair, and
the Director of HCD. Currently, at each of its meetings the
CTC hears reports from the Transportation Agency, Caltrans,
the US Department of Transportation, the RTPAs, the Rural
Counties Task Force, and the Self-Help Counties. Because the
CTC has already built Transportation Agency representation
into its meeting structure, it does not appear necessary to
add the Transportation Secretary to the CTC. It also appears
that the ARB and HCD could be effectively incorporated into
CTC meetings through the agenda process. In addition, giving
the ARB a seat on the CTC raises the question of why this bill
does not also give the CTC a seat on the ARB to help further
the goal of an active dialogue. Finally, it is unclear what
will be gained from adding two additional legislative
appointments to the CTC. While this bill directs the
Legislature and governor to consider, when making CTC
appointments,
individuals who represent efforts to make the state's
transportation more sustainable, it does not require them to
appoint such individuals. Further, existing law allows the
Legislature and governor to appoint such individuals now if
they so choose. The committee may wish to consider deleting
the provisions of the bill that expand the CTC's membership by
five members and instead consider requiring representatives of
the Transportation Agency, HCD, and ARB to report to the CTC
at each of its public meetings.
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5.More SCS reporting . Existing law (SB 375) requires the ARB to
set greenhouse gas emission reduction targets for each region,
and requires each MPO to prepare an SCS to demonstrate how its
region will meet those targets. Once adopted by the MPO, the
region incorporates the SCS into its regional transportation
plan. The ARB must review each final SCS to determine whether
it would, if implemented, achieve its regional greenhouse gas
emission reduction target. This bill additionally requires
each RTPA that prepares an SCS to submit a biennial progress
report to the CTC on its SCS implementation. It also requires
these RPTAs to include in their regional transportation
improvement plans a discussion of how the plan relates to the
region's SCS.
6.Opposition arguments . The Orange County Transportation
Authority (OCTA) opposed the April 23, 2013 version of this
bill unless amended to more clearly exempt land use decisions
from MPO and RTPA reporting requirements; clarify that MPO and
RTPA reports are not binding on future plans or funding
decisions and shall not constitute an alternative under, or
foundation for, future California Environmental Quality Act
(CEQA) analysis; recognize the unique role of county
transportation commissions within the Southern California
Association of Governments (SCAG) region; and restrict the SGC
to analyzing only state sources of funding. The author
amended this bill on July 2nd to address the unique SCAG
situation and the CEQA concern, and is working with OCTA
regarding its other concerns.
Assembly Votes:
Floor: 53-25
Appr: 12-5
Trans: 11-4
POSITIONS: (Communicated to the committee before noon on
Wednesday, July 3,
2013.)
SUPPORT: Breathe California
California League of Conservation Voters
California WALKS
Catholic Charities Diocese of Stockton
Coalition for Clean Air
Coalition for Sustainable Transportation
National Parks Conservation Association
Natural Resources Defense Council
Rails-to-Trails Conservancy
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Sacramento Housing Alliance
The Nature Conservancy
Transform
WALK San Diego
OPPOSED: Orange County Transportation Authority