BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1290
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1290 (John A. Pérez)
          As Amended  September 3, 2013
          Majority vote
           
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          |ASSEMBLY:  |53-25|(May 29, 2013)  |SENATE: |27-12|(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:   TRANS.  

           SUMMARY  :  Modifies the composition of the California  
          Transportation Commission (CTC) and imposes new duties relative  
          to assessing progress in implementing sustainable communities  
          strategies (SCSs).  

           The Senate amendments  :  

           1)Reduce the number of members to be added to the CTC from five  
            to three (for a total of 16 members) by eliminating proposed  
            positions that were to be filled by the Secretary of the  
            Transportation Agency and the Direction of Housing and  
            Community Development.  

          2)Direct the Speaker of the Assembly and the Senate Rules  
            Committee, in addition to the Governor, to 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 particular emphasis on  
            stakeholders involved and engaged in, among other things,  
            efforts to make California's transportation system more  
            sustainable.   

           3)Strike the requirement that the CTC's Committee on Planning be  
            responsible for monitoring outcomes from land development and  
            transportation investments and instead require the committee  
            to monitor the outcomes from the SCSs or alternative planning  
            strategies adopted by transportation planning agencies.   

           4)Modify the requirement to be imposed on regional  
            transportation planning agencies (RTPAs) to report to the CTC  
            on progress being made in reducing greenhouse gas emissions;  
            stipulate that such a report is not binding on future regional  
            transportation plans and does not constitute an alternative or  








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            a foundation for future analysis under the California  
            Environmental Quality Act (CEQA).  

          5)Simplify added requirements to be reported by the CTC in its  
            annual report.  

          6)Stipulate that requirements to be added to an RTPA's regional  
            transportation improvement program (i.e., a discussion of how  
            the regional transportation improvement program relates to the  
            RTPA's SCS) will not be binding on future regional  
            transportation improvement programs and does not constitute an  
            alternative or a foundation for future analysis under CEQA.  

          7)Strike requirements to be imposed on the Strategic Growth  
            Council to identify activities, programs, and local assistance  
            funding of member agencies that have a significant effect on  
            the implementation of SCSs.  


           EXISTING LAW  : 

          1)Establishes the CTC to advise and assist the Secretary of the  
            Transportation Agency and the Legislature in formulating and  
            evaluating state policies and plans for transportation  
            programs in the state.  

          2)Prescribes membership of the CTC as follows:

             a)   Nine members appointed by the Governor with consent of  
               the Senate;

             b)   One member appointed by the Speaker of the Assembly;

             c)   One member appointed by the Senate Rules Committee; and,

             d)   Two ex officio, non-voting members, appointed one each  
               by the Speaker of the Assembly and the Senate Rules  
               Committee.  

          3)Requires the CTC to organize itself into at least four  
            committees, as follows:  aeronautics, streets and highways,  
            mass transportation, and planning; vests with the planning  
            committee the responsibility to monitor transportation  
            planning and programming processes related to regional  
            transportation plans (RTPs).  








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          4)Authorizes the CTC to prescribe guidelines for preparation of  
            the RTP.  

          5)Requires metropolitan planning organizations (MPOs) and  
            transportation planning agencies to adopt and submit an  
            updated RTP to the CTC and to the Department of Transportation  
            (Caltrans) every four or five years, depending on air quality  
            attainment within the region.  

          6)For MPOs, requires their RTPs to include an SCS to achieve  
            greenhouse gas emission reduction targets established by the  
            California Air Resources Board (ARB).  

          7)Requires MPOs to submit their adopted SCS to the ARB for  
            review and acceptance or rejection of the MPO's determination  
            that its SCS will, if implemented, achieve the established  
            greenhouse gas reduction targets; provides that an SCS is not  
            subject to any state approval, except for this review.  

           FISCAL EFFECT  :  According to Senate Appropriations Committee:

          1)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.  

          2)Estimated costs of up to $100,000 to the ARB related to the  
            appointment of the Chairperson to the CTC, and associated  
            duties.  

          3)Minor costs of approximately $30,000 to Caltrans for staff  
            time related to reviewing additional reports submitted to the  
            CTC by RTPAs.  

          4)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.  

           COMMENTS  :  According to the author, this bill modifies the CTC  
          organizational structure and composition to improve its capacity  
          to analyze and integrate connections between transportation and  
          land use into its administrative programs and review processes.   








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          The author points out that, since 2006, there have been  
          significant policies that have altered the course of  
          transportation policy in California, including:

          1)The Highway Safety, Traffic Reduction, Air Quality, and Port  
            Security Act of 2006 that resulted in nearly $20 billion in  
            transportation infrastructure bonds;

          2)The California Global Warming Solutions Act (AB 32 (Núñez),  
            Chapter 488, Statutes of 2006), that set a greenhouse gas  
            emissions limit equivalent to the statewide greenhouse gas  
            emissions levels in 1990 to be achieved by 2020;

          3)SB 375 (Steinberg), Chapter 728, Statutes of 2008, that  
            requires development of SCSs; and,

          4)The Governor's reorganization plan that requires increased  
            coordination and integration of housing and transportation  
            policies.  

          The author contends that, in light of these significant policy  
          shifts, it is therefore critical that the CTC's statutorily  
          described mission is updated to support the statewide goals  
          related to greenhouse gas emission reductions, SCSs, and  
          coordinated housing and transportation policies.  In addition to  
          restructuring the CTC, this bill imposes reporting requirements  
          on state and regional agencies directed at providing ongoing  
          assessments of the progress being made toward reducing  
          greenhouse gas.  

          Understandably, policy makers are scurrying to assess the real  
          effects of California's recent series of landmark policies  
          related to greenhouse gas reductions.  Unfortunately, given the  
          long-term nature of community and infrastructure development,  
          the actual outcomes of these policy shifts may not be known for  
          some time.  In the meantime, experts suggest that the best  
          short-term indicator of likely long-term outcomes is an analysis  
          of changing land use decisions and associated public  
          investments.  The reporting requirements imposed by this bill  
          will provide the data by which some of these early-term  
          assessments may be made.  

           
          Analysis Prepared by  :    Janet Dawson / TRANS. / (916) 319-2093 









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