BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 1290 (J.Perez) - Transportation planning.
          
          Amended: July 2, 2013           Policy Vote: T&H 7-3
          Urgency: No                     Mandate: Yes
          Hearing Date: August 30, 2013                           
          Consultant: Mark McKenzie       
          
          SUSPENSE FILE.  AS PROPOSED TO BE AMENDED. 

          
          Bill Summary: AB 1290 would increase the membership of the  
          California Transportation Commission (CTC), require regional  
          transportation planning agencies (RTPAs) to submit to the CTC a  
          copy of its sustainable communities strategy (SCS) and a report  
          regarding progress in achieving greenhouse gas emissions, and  
          require the CTC's Committee on Planning report on implementation  
          of SCSs.

          Fiscal Impact (as proposed to be amended): 
              Annual costs of up to $150,000 to the CTC for one  
              additional Transportation Planner staff position, the  
              reporting of additional information in the annual report,  
              and costs associated with additional commission members  
              (State Highway Account).
              Estimated costs of up to $100,000 to the Air Resources  
              Board (ARB) related to the appointment of the Chairperson to  
              the CTC, and associated duties (Motor Vehicle Account).  
              Minor costs of approximately $30,000 to the Department of  
              Transportation (Caltrans) for staff time related to  
              reviewing additional reports submitted to the CTC by RTPAs  
              (State Highway Account).
              Unknown potentially reimbursable state-mandated costs for  
              specified RTPAs to prepare and submit brief progress reports  
              to the CTC on progress in achieving greenhouse gas emissions  
              and implementing an SCS.  These costs are expected to be  
              relatively minor for each of the 18 affected agencies.  
              (General Fund).

          Background: Existing law establishes the CTC to advise and  
          assist the Administration and the Legislature in formulating and  
          evaluating state policies and plans for transportation programs  
          in the state.  The Governor appoints nine members to the CTC,  








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          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, who are typically  
          the chairs of the respective transportation policy committees in  
          the Legislature.  Existing law requires the CTC to organize  
          itself into at least four committees:  aeronautics, streets and  
          highways, mass transportation, and planning.  Among other  
          things, the CTC is responsible for adopting the biennial  
          five-year State Transportation Improvement Program (STIP),  
          adopting the biennial four-year State Highway Operation and  
          Protection Program (SHOPP), adopting the biennial five-year fund  
          estimate of state and federal funds for both the STIP and SHOPP,  
          allocating funds for capital projects consistent with the STIP,  
          SHOPP, and voter-approved general obligation bond Acts.  The CTC  
          also adopts guidelines for the development of regional  
          transportation plans and the programs it administers.

          Existing law, SB 732 (Steinberg), Chap 729/2008, established the  
          SGC, which 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 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, encourage sustainable land use planning, and revitalize  
          urban and community centers in a sustainable manner, as  
          specified.  Among other things, the SGC also recommends policies  
          and investment strategies and priorities to the Governor,  
          Legislature, and appropriate state agencies to encourage the  
          development of sustainable communities.
           
          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  








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          served by an MPO.  

          In 2006, the Legislature enacted AB 32 (Nuñez and Pavley), Chap  
          488/2006, which requires ARB to establish a statewide greenhouse  
          gas emissions limit to help California reduce those emissions to  
          1990 levels by 2020.  Two years later, the Legislature enacted  
          SB 375 (Steinberg), Chap 728/2008, 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 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.

          Proposed Law: AB 1290 would expand the CTC from 13 to 18 members  
          by adding two voting members, one appointed by each house of the  
          Legislature, and adding the Secretary of Transportation, the  
          Director of ARB, and the Director of HCD as ex-officio,  
          non-voting members.  In making appointments, the bill directs  
          the Governor, Speaker of the Assembly, and Senate Committee on  
          Rules to make every effort to ensure that appointments reflect  
          transportation expertise that has not traditionally been  
          represented, with particular emphasis on stakeholders involved  
          in efforts to make the state transportation system more  
          sustainable.  In addition, this bill would:
                 Expand the responsibilities of CTC's Committee on  
               Planning to include monitoring outcomes from land  
               development and transportation investments in accordance  
               with SCSs.
                 Require RTPAs that prepare a SCS to submit a brief  
               report to the CTC, by October 15, 2014, and biennially  
               thereafter, that describes the region's progress and  
               challenges in implementing its SCS.  The report would not  
               be binding on future RTPA funding decisions or preparation  
               of regional transportation plans.
                 Require CTC to receive these reports and authorize CTC  
               to prepare guidelines after receiving reports in 2016 to  
               ensure coherence, consistency, and focus on state  








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               objectives in future reports.
                 Expand CTC's annual report to include a summary  
               assessment by CTC and the SGC of the statewide progress in  
               meeting greenhouse gas emission reductions, based on land  
               developments and transportation investments.
                 Require the five-year regional transportation  
               improvement plans submitted to the CTC to include a  
               discussion of how it relates to the region's SCS.
                 Require the SGC to report to the CTC, in a public  
               hearing by August 15 of each year, on the steps it has  
               taken to achieve specified statutory duties and goals.

          Related Legislation: AB 32 (Nunez), Chap 488/2006, the  
          California Global Warming Solutions Act, set a greenhouse gas  
          emissions limit equivalent to the statewide greenhouse gas  
          emissions levels in 1990 to be achieved by 2020.  

          SB 375 (Steinberg), Chap 728/2008, requires metropolitan  
          planning organizations to include SCSs in their regional  
          transportation plans for the purpose of reducing greenhouse gas  
          emissions.  
           
          SB 732 (Steinberg), Chap 729/2008, among other things,  
          established the SGC and prescribed its duties and  
          responsibilities.  

          SB 1039 (Steinberg), Chap 147/2012, requires HCD, Caltrans, and  
          the CTC to coordinate state housing and transportation policies  
          and programs. 

          PROPOSED AMENDMENTS would:
                 Eliminate the Secretary of the Transportation Agency and  
               Director of HCD as ex-officio members of the CTC.
                 Authorize CTC to consult with ARB and HCD.
                 Eliminate new requirements on the SGC.
                 Narrow the new requirements on the CTC's Planning  
               Committee to reporting on implementation of SCSs.
                 Delete the biennial RTPA reporting requirement, and  
               instead require RTPAs to submit the SCS or alternative  
               planning strategy and a brief progress report on achieving  
               greenhouse gas emission reductions within two years of  
               completing a regional transportation improvement plan. 










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