California Legislature—2013–14 Regular Session

Assembly Bill No. 2752

Introduced by Committee on Transportation (Lowenthal (Chair), Ammiano, Bloom, Bonta, Buchanan, Daly, Frazier, Gatto, Holden, Nazarian, and Quirk-Silva)

March 19, 2014

An act to amend Sections 14534 and 65089.2 of the Government Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2752, as introduced, Committee on Transportation. Transportation programs.

Existing law provides for the adoption of the state transportation improvement program by the California Transportation Commission and for the adoption of a congestion management program by specified local agencies. Existing law specifies the duties of the Secretary of Transportation with regard to these programs.

This bill would correct obsolete references in these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 14534 of the Government Code is
amended to read:

14534.  

Upon the adoption of the state transportation
improvement program, the Secretary of begin delete the Business, end delete
Transportation begin delete and Housing Agency end delete , the commission, and the
department shall act in accordance with the program in carrying
out their respective powers and duties, except as otherwise provided
by law.

The existing adopted state transportation improvement program
shall remain in effect until a new state transportation improvement
program is adopted by the commission.

SEC. 2.  

Section 65089.2 of the Government Code is amended
to read:

65089.2.  

(a) Congestion management programs shall be
submitted to the regional agency. The regional agency shall
evaluate the consistency between the program and the regional
transportation plans required pursuant to Section 65080. In the
case of a multicounty regional transportation planning agency, that
agency shall evaluate the consistency and compatibility of the
programs within the region.

(b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section
65082. If the regional agency finds the program is inconsistent, it
may exclude any project in the congestion management program
from inclusion in the regional transportation improvement program.

(c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Section 182.6 and 182.7 of the Streets
and Highways Code in a county unless a congestion management
program has been adopted by December 31, 1992, as required
pursuant to Section 65089. No surface transportation program
funds or congestion mitigation and air quality funds shall be
programmed for a project in a local jurisdiction that has been found
to be in nonconformance with a congestion management program
pursuant to Section 65089.5 unless the agency finds that the project
is of regional significance.

(2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal
census or a subsequent federal census, within a county which
previously did not include an urbanized area, a congestion
management program as required pursuant to Section 65089 shall
be adopted within a period of 18 months after designation by the
Governor.

(d) (1) It is the intent of the Legislature that the regional agency,
when its boundaries include areas in more than one county, should
resolve inconsistencies and mediate disputes begin delete which end delete begin insert that end insert arise
between agencies related to congestion management programs
adopted for those areas.

(2) It is the further intent of the Legislature that disputes begin delete which end delete
begin insert that end insert may arise between regional agencies, or agencies begin delete which end delete begin insert that end insert
are not within the boundaries of a multicounty regional
transportation planning agency, should be mediated and resolved
by the Secretary of begin delete Business, Housing and end delete Transportation begin delete Agency end delete ,
or an employee of begin delete that agency end delete begin insert the Transportation Agency end insert
designated by the secretary, in consultation with the air pollution
control district or air quality management district within whose
boundaries the regional agency or agencies are located.

(e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management
program of the county where the facility is located. If a dispute
arises involving a local jurisdiction, the agency may request the
regional agency to mediate the dispute through procedures pursuant
to subdivision (d) begin delete of Section 65089.2 end delete . Failure to resolve the dispute
does not invalidate the congestion management program.