Amended in Senate August 19, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 779

Introduced by Assembly Member Cristina Garcia

February 25, 2015

An act to amend begin delete Section 21099 end delete begin insert Sections 65088, 65088.1, 65088.4, 65089, 65089.3, and 65089.4 end insert of the begin delete Public Resources end delete begin insert Government end insert Code, relating to begin delete environmental quality. end delete begin insert transportation, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 779, as amended, Cristina Garcia. begin delete Environmental quality: transit priority areas. end delete begin insert Transportation: congestion management program. end insert

begin insert

Existing law requires the development, adoption, and updating of a congestion management program with specified elements for each county that includes an urbanized area, as defined. The program is required to contain specified elements and to be submitted to regional agencies, as defined, for determination of whether the program is consistent with regional transportation plans. The regional agency is then directed to monitor the implementation of all elements of each congestion management program. Existing law defines “infill opportunity zone” for purposes of the above-described provisions to mean a specified area designated by a city or county according to certain provisions and that is within a specified distance of a major transit stop or high-quality transit corridor.

end insert begin insert

This bill would revise the definition of “infill opportunity zone” to not require that it be within a specified distance of a major transit stop or high-quality transit corridor. The bill would revise the requirements for a congestion management program by removing traffic level of service standards established for a system of highways and roadways as a required element and instead requiring measures of effectiveness for a system of highways and roadways. The bill would also require the program to analyze the relationship between local land use decisions and regional transportation systems, instead of analyzing impacts of the land use decisions on the transportation systems. The bill would delete existing law’s prohibition on including an estimate of the costs of mitigating the impacts of interregional travel and the requirement that the program provide credit for local public and private contributions to improvements to regional transportation systems. The bill would also require, to the extent the program identifies capacity enhancements, the evaluation of the potential for capacity enhancement to induce additional travel. To the extent this bill would impose additional duties on local officials relating to the development of a congestion management program, this bill would impose a state-mandated local program.

end insert begin insert

Existing law requires a local jurisdiction to prepare a deficiency plan with specified components when highway or roadway level of service standards are not maintained on segments or intersections, including an analysis of the cause of the deficiency, list of improvements necessary to maintain minimum levels of service, and estimated costs of the improvements.

end insert begin insert

This bill would instead require a deficiency plan to be prepared if the agency determines the county or its cities is not conforming with the congestion management plan, and would remove the requirements that a list of improvements necessary and the estimated costs of the improvements be included in a deficiency plan. The bill would exempt from the deficiency cause analysis improvements to facilities for bicyclists, pedestrians, and public transportation, traffic generated by a transit priority project, and traffic generated by a mixed use development located within a transit priority project area or infill opportunity zone.

end insert begin insert

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.

end insert begin insert

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.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

end delete begin delete

CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, proposed revisions to the guidelines for the implementation of CEQA to establish criteria for determining the significance of transportation impacts of projects within transit priority areas that, among other things, promote the reduction of greenhouse gas emissions.

end delete begin delete

This bill would authorize the Office of Planning and Research to determine that transportation impacts for residential and mixed-use projects in transit priority areas do not meet the threshold of significance.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65088 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65088.  

The Legislature finds and declares all of the following:

(a) Although California’s economy is critically dependent upon
transportation, its current transportation system relies primarily
upon a street and highway system designed to accommodate far
fewer vehicles than are currently using the system.

(b) California’s transportation system is characterized by
fragmented planning, both among jurisdictions involved and among
the means of available transport.

(c) The lack of an integrated system and the increase in the
number of vehicles are causing traffic congestion that each day
results in 400,000 hours lost in traffic, 200 tons of pollutants
released into the air we breathe, and three million one hundred
thousand dollars ($3,100,000) added costs to the motoring public.

(d) To keep California moving, all methods and means of
transport between major destinations must be coordinated to
connect our vital economic and population centers.

(e) In order to develop the California economy to its full
potential, it is intended that federal, state, and local agencies join
with transit districts, business, begin delete private end delete begin insert private, end insert and environmental
interests to develop and implement comprehensive strategies
needed to develop appropriate responses to transportation needs.

(f) In addition to solving California’s traffic congestion crisis,
rebuilding California’s cities and suburbs, particularly with
affordable housing and more walkable neighborhoods, is an
important part of accommodating future increases in the state’s
population because homeownership is only now available to most
Californians who are on the fringes of metropolitan areas and far
from employment centers.

(g) The Legislature intends to do everything within its power
to remove regulatory barriers around the development of infill
housing, transit-oriented development, and mixed use commercial
development begin delete in order end delete to reduce regional traffic congestion and
provide more housing choices for all Californians.

(h) The removal of regulatory barriers to promote infill housing,
transit-oriented development, or mixed use commercial
development does not preclude a city or county from holding a
public hearing nor begin insert from end insert finding that an individual infill project
would be adversely impacted by the surrounding environment or
transportation patterns.

begin insert

(i) The Legislature intends that the provisions of the act that
added this subdivision be carried out in a manner that promotes
reductions in greenhouse gas emissions and vehicle miles traveled,
related economic, environmental, and health benefits called for
in the Sustainable Communities and Climate Protection Act of
2008 (Chapter 728 of the Statutes of 2008), and the implementation
of complete streets, as described in paragraph (2) of subdivision
(b) of Section 65302.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65088.1 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65088.1.  

As used in this chapter the following terms have the
following meanings:

(a) Unless the context requires otherwise, “agency” means the
agency responsible for the preparation and adoption of the
congestion management program.

(b) “Bus rapid transit corridor” means a bus service that includes
at least four of the following attributes:

(1) Coordination with land use planning.

(2) Exclusive right-of-way.

(3) Improved passenger boarding facilities.

(4) Limited stops.

(5) Passenger boarding at the same height as the bus.

(6) Prepaid fares.

(7) Real-time passenger information.

(8) Traffic priority at intersections.

(9) Signal priority.

(10) Unique vehicles.

(c) “Commission” means the California Transportation
Commission.

(d) “Department” means the Department of Transportation.

(e) “Infill opportunity zone” means a specific area designated
by a city or county, pursuant to subdivision (c) of Section begin delete 65088.4,
that is within one-half mile of a major transit stop or high-quality
transit corridor included in a regional transportation plan. A major
transit stop is as defined in Section 21064.3 of the Public Resources
Code, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours. end delete begin insert 65088.4. end insert

(f) “Interregional travel” means any trips that originate outside
the boundary of the agency. A “trip” means a one-direction vehicle
movement. The origin of any trip is the starting point of that trip.
A roundtrip consists of two individual trips.

(g) “Level of service standard” is a threshold that defines a
deficiency on the congestion management program highway and
roadway system which requires the preparation of a deficiency
plan. It is the intent of the Legislature that the agency shall use all
elements of the program to implement strategies and actions that
avoid the creation of deficiencies and to improve multimodal
mobility.

(h) “Local jurisdiction” means a city, a county, or a city and
county.

(i) “Multimodal” means the utilization of all available modes
of travel that enhance the movement of people and goods,
including, but not limited to, highway, transit, nonmotorized, and
demand management begin delete strategies end delete begin insert strategies, end insert including, but not
limited to, telecommuting. The availability and practicality of
specific multimodal systems, projects, and strategies may vary by
county and region in accordance with the size and complexity of
different urbanized areas.

(j) (1) “Parking cash-out program” means an employer-funded
program under which an employer offers to provide a cash
allowance to an employee equivalent to the parking subsidy that
the employer would otherwise pay to provide the employee with
a parking space. “Parking subsidy” means the difference between
the out-of-pocket amount paid by an employer on a regular basis
in order to secure the availability of an employee parking space
not owned by the employer and the price, if any, charged to an
employee for use of that space.

(2) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood
parking problems, with a provision that employees not complying
with the guidelines will no longer be eligible for the parking
cash-out program.

(k) “Performance measure” is an analytical planning tool that
is used to quantitatively evaluate transportation improvements and
to assist in determining effective implementation actions,
considering all modes and strategies. Use of a performance measure
as part of the program does not trigger the requirement for the
preparation of deficiency plans.

(l) “Urbanized area” has the same meaning as is defined in the
1990 federal census for urbanized areas of more than 50,000
population.

(m) Unless the context requires otherwise, “regional agency”
means the agency responsible for preparation of the regional
transportation improvement program.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 65088.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65088.4.  

(a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to build
infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.

(b) Notwithstanding any other provision of law, begin insert if end insert level of
service standards begin delete described in Section 65089 end delete begin insert are used in a
congestion management program, those standards end insert shall not apply
to the streets and highways within an infill opportunity zone.

(c) The city or county may designate an infill opportunity zone
by adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan, and is a transit priority area within a sustainable communities
strategy or alternative planning strategy adopted by the applicable
metropolitan planning organization.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 65089 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65089.  

(a) A congestion management program shall be
developed, adopted, and updated biennially, consistent with the
schedule for adopting and updating the regional transportation
improvement program, for every county that includes an urbanized
area, and shall include every city and the county. The program
shall be adopted at a noticed public hearing of the agency. The
program shall be developed in consultation with, and with the
cooperation of, the transportation planning agency, regional
transportation providers, local governments, the department, and
the air pollution control district or the air quality management
district, either by the county transportation commission, or by
another public agency, as designated by resolutions adopted by
the county board of supervisors and the city councils of a majority
of the cities representing a majority of the population in the
incorporated area of the county.

(b) The program shall contain all of the following elements:

(1)  begin delete (A) end delete begin delete   end delete begin delete Traffic level of service standards end delete begin insert Measures of
effectiveness end insert established for a system of highways and roadways
designated by the agency. The highway and roadway system shall
include at a minimum all state highways and principal arterials.
No highway or roadway designated as a part of the system shall
be removed from the system. All new state highways and principal
arterials shall be designated as part of the system, except when it
is within an infill opportunity zone. begin delete Level of service (LOS) shall
be measured by Circular 212, by the most recent version of the
Highway Capacity Manual, or by a uniform methodology adopted
by the agency that is consistent with the Highway Capacity Manual.
The determination as to whether an alternative method is consistent
with the Highway Capacity Manual shall be made by the regional
agency, except that the department instead shall make this
determination if either (i) the regional agency is also the agency,
as those terms are defined in Section 65088.1, or (ii) the department
is responsible for preparing the regional transportation
improvement plan for the county. end delete

begin delete

(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A except when the area is in an infill opportunity
zone. When the level of service on a segment or at an intersection
fails to attain the established level of service standard outside an
infill opportunity zone, a deficiency plan shall be adopted pursuant
to Section 65089.4.

end delete

(2) A performance element that includes performance measures
to evaluate current and future multimodal system performance for
the movement of people and goods. At a minimum, these
performance measures shall incorporate highway and roadway
system performance, and measures established for the frequency
and routing of public transit, and for the coordination of transit
service provided by separate operators. These performance
measures shall support mobility, air quality, begin insert greenhouse gas
emissions reductions, end insert land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).

(3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, and park-and-ride lots; improvements
in the balance between jobs and housing; and other strategies,
including, but not limited to, flexible work hours, telecommuting,
and parking management programs. The agency shall consider
parking cash-out programs during the development and update of
the travel demand element.

(4) A program to analyze begin delete the impacts of end delete begin insert the relationship between end insert
land use decisions made by local jurisdictions begin delete on end delete begin insert and end insert regional
transportation systems, begin delete including an estimate of the costs associated
with mitigating those impacts. end delete begin insert as reflected in regional
transportation plans. end insert This program shall measure, to the extent
possible, the begin delete impact to end delete begin insert effectiveness of end insert the transportation system
using the performance measures described in paragraph (2). begin delete In no
case shall the program include an estimate of the costs of mitigating
the impacts of interregional travel. The program shall provide
credit for local public and private contributions to improvements
to regional transportation systems. However, in the case of toll
road facilities, credit shall only be allowed for local public and
private contributions which are unreimbursed from toll revenues
or other state or federal sources. The agency shall calculate the
amount of the credit to be provided. end delete The program defined under
this section may require implementation through the requirements
and analysis of the California Environmental Quality Act, in order
to avoid duplication.

(5) A seven-year capital improvement program, developed using
the performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and begin delete goods, to
mitigate regional transportation impacts identified pursuant to
paragraph (4). end delete begin insert goods. To the extent that the program identifies
capacity enhancements, the program shall evaluate the potential
for the capacity enhancement to induce additional travel. end insert The
program shall conform to transportation-related vehicle emission
air quality mitigation measures, and include any project that will
increase the capacity of the multimodal system. It is the intent of
the Legislature that, when roadway projects are identified in the
program, consideration be given for maintaining bicycle access
and safety at a level comparable to that which existed prior to the
improvement or alteration. The capital improvement program may
also include safety, maintenance, and rehabilitation projects that
do not enhance the capacity of the system but are necessary to
preserve the investment in existing facilities.

(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on begin delete traffic impacts end delete
begin insert transportation conditions end insert for use in a countywide transportation
computer model and shall approve transportation computer models
of specific areas within the county that will be used by local
jurisdictions to determine the quantitative impacts of development
on the circulation system that are based on the countywide model
and standardized modeling assumptions and conventions. The
computer models shall be consistent with the modeling
methodology adopted by the regional planning agency. The data
bases used in the models shall be consistent with the data bases
used by the regional planning agency. Where the regional agency
has jurisdiction over two or more counties, the data bases used by
the agency shall be consistent with the data bases used by the
regional agency.

(d) (1) The city or county in which a commercial development
will implement a parking cash-out program that is included in a
congestion management program pursuant to subdivision (b), or
in a deficiency plan pursuant to Section 65089.4, shall grant to
that development an appropriate reduction in the parking
requirements otherwise in effect for new commercial development.

(2) At the request of an existing commercial development that
has implemented a parking cash-out program, the city or county
shall grant an appropriate reduction in the parking requirements
otherwise applicable based on the demonstrated reduced need for
parking, and the space no longer needed for parking purposes may
be used for other appropriate purposes.

(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the
act, the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 65089.3 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65089.3.  

The agency shall monitor the implementation of all
elements of the congestion management program. The department
is responsible for data collection and analysis on state highways,
unless the agency designates that responsibility to another entity.
The agency may also assign data collection and analysis
responsibilities to other owners and operators of facilities or
services if the responsibilities are specified in its adopted program.
The agency shall consult with the department and other affected
owners and operators in developing data collection and analysis
procedures and schedules begin delete prior to end delete begin insert before end insert program adoption. At
least biennially, the agency shall determine if the county and cities
are conforming to the congestion management program, including,
but not limited to, all of the following:

(a)  begin delete Consistency with levels of service standards, except as
provided in Section 65089.4. end delete begin insert Achieving performance standards
for the transportation system as provided in the performance
element. end insert

(b) Adoption and implementation of a program to analyze the
begin delete impacts of end delete begin insert relationship between end insert land use begin delete decisions, including the
estimate of the costs associated with mitigating these impacts. end delete
begin insert decisions and the regional transportation system. end insert

(c) Adoption and implementation of a deficiency plan pursuant
to Section begin delete 65089.4 when highway and roadway level of service
standards are not maintained on portions of the designated system. end delete
begin insert 65089.4. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 65089.4 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65089.4.  

(a)  begin delete A end delete begin insert If the agency determines that a county or its
cities is not conforming to the congestion management plan, a end insert
local jurisdiction shall prepare a deficiency begin delete plan when highway or
roadway level of service standards are not maintained on segments
or intersections of the designated system. end delete begin insert plan. end insert The deficiency
plan shall be adopted by the city or county at a noticed public
hearing.

(b) The agency shall calculate the impacts subject to exclusion
pursuant to subdivision begin delete (f) of this section end delete begin insert (f) end insert , after consultation
with the regional agency, the department, and the local air quality
management district or air pollution control district. If begin insert level of
service standards are used in a congestion management program,
and if end insert the calculated traffic level of service following exclusion
of these impacts is consistent with the level of service standard,
the agency shall make a finding at a publicly noticed meeting that
no deficiency plan is required and begin delete so end delete begin insert shall end insert notify the affected local
jurisdiction.

(c) The agency shall be responsible for preparing and adopting
procedures for local deficiency plan development and
implementation responsibilities, consistent with the requirements
of this section. The deficiency plan shall include all of the
following:

(1) An analysis of the cause of the deficiency. This analysis
shall include the following:

(A) Identification of the cause of the deficiency.

(B) Identification of the impacts of those local jurisdictions
within the jurisdiction of the agency that contribute to the
deficiency. These impacts shall be identified only if begin insert traffic level
of service standards are used in the congestion management
program and if end insert the calculated traffic level of service following
exclusion of impacts pursuant to subdivision (f) indicates that the
level of service standard has not been maintained, and shall be
limited to impacts not subject to exclusion.

begin delete

(2) A list of improvements necessary for the deficient segment
or intersection to maintain the minimum level of service otherwise
required and the estimated costs of the improvements.

end delete begin delete

(3)

end delete

begin insert (2) end insert  A list of improvements, programs, or actions, and estimates
of costs, that will (A) measurably improve multimodal
performance, using measures defined in paragraphs (1) and (2) of
subdivision (b) of Section 65089, and (B) contribute to significant
improvements in air quality, such as improved public transit service
and facilities, improved nonmotorized transportation facilities,
high occupancy vehicle facilities, parking cash-out programs, and
transportation control measures. The air quality management
district or the air pollution control district shall establish and
periodically revise a list of approved improvements, programs,
and actions that meet the scope of this paragraph. If an
improvement, program, or action on the approved list has not been
fully implemented, it shall be deemed to contribute to significant
improvements in air quality. If an improvement, program, or action
is not on the approved list, it shall not be implemented unless
approved by the local air quality management district or air
pollution control district.

begin delete

(4)

end delete

begin insert (3) end insert  An action plan, consistent with the provisions of Chapter 5
(commencing with Section 66000), that shall be implemented,
consisting of begin delete improvements identified in paragraph (2), or end delete
improvements, programs, or actions identified in paragraph begin delete (3), end delete
begin insert (2), end insert that are found by the agency to be in the interest of the public
health, safety, and welfare. The action plan shall include a specific
implementation schedule. The action plan shall include
implementation strategies for those jurisdictions that have
contributed to the cause of the deficiency in accordance with the
agency’s deficiency plan procedures. The action plan need not
mitigate the impacts of any exclusions identified in subdivision
(f). Action plan strategies shall identify the most effective
implementation strategies for improving current and future system
performance.

(d) A local jurisdiction shall forward its adopted deficiency plan
to the agency within 12 months of the identification of a deficiency.
The agency shall hold a noticed public hearing within 60 days of
receiving the deficiency plan. Following that hearing, the agency
shall either accept or reject the deficiency plan in its entirety, but
the agency may not modify the deficiency plan. If the agency
rejects the plan, it shall notify the local jurisdiction of the reasons
for that rejection, and the local jurisdiction shall submit a revised
plan within 90 days addressing the agency’s concerns. Failure of
a local jurisdiction to comply with the schedule and requirements
of this section shall be considered to be nonconformance for the
purposes of Section 65089.5.

(e) The agency shall incorporate into its deficiency plan
procedures, a methodology for determining if deficiency impacts
are caused by more than one local jurisdiction within the
boundaries of the agency.

(1) If, according to the agency’s methodology, it is determined
that more than one local jurisdiction is responsible for causing a
deficient segment or intersection, all responsible local jurisdictions
shall participate in the development of a deficiency plan to be
adopted by all participating local jurisdictions.

(2) The local jurisdiction in which the deficiency occurs shall
have lead responsibility for developing the deficiency plan and for
coordinating with other impacting local jurisdictions. If a local
jurisdiction responsible for participating in a multi-jurisdictional
deficiency plan does not adopt the deficiency plan in accordance
with the schedule and requirements of paragraph (a) of this section,
that jurisdiction shall be considered in nonconformance with the
program for purposes of Section 65089.5.

(3) The agency shall establish a conflict resolution process for
addressing conflicts or disputes between local jurisdictions in
meeting the multi-jurisdictional deficiency plan responsibilities
of this section.

(f) The analysis of the cause of the deficiency prepared pursuant
to paragraph (1) of subdivision (c) shall exclude the following:

(1) Interregional travel.

(2) Construction, rehabilitation, or maintenance of facilities that
impact the system.

(3) Freeway ramp metering.

(4) Traffic signal coordination by the state or multi-jurisdictional
agencies.

(5) Traffic generated by the provision of low-income and very
low income housing.

begin delete

(6) (A) Traffic generated by high-density residential
development located within one-fourth mile of a fixed rail
passenger station, and

end delete begin delete

(B)

end delete

begin insert (6) end insert  Traffic generated by any mixed use development located
within begin delete one-fourth mile of a fixed rail passenger station, if more
than half of the land area, or floor area, of the mixed use
development is used for high density residential housing, as
determined by the agency. end delete begin insert a transit priority project area or infill
opportunity zone. For purposes of this paragraph, “mixed use
development” means development that integrates compatible
commercial or retail uses, or both, with residential uses, and that,
due to the proximity of job locations, shopping opportunities, and
residences, will discourage new trip generation. end insert

begin delete

(g) For the purposes of this section, the following terms have
the following meanings:

end delete begin delete

(1) “High density” means residential density development which
contains a minimum of 24 dwelling units per acre and a minimum
density per acre which is equal to or greater than 120 percent of
the maximum residential density allowed under the local general
plan and zoning ordinance. A project providing a minimum of 75
dwelling units per acre shall automatically be considered high
density.

end delete begin delete

(2) “Mixed use development” means development which
integrates compatible commercial or retail uses, or both, with
residential uses, and which, due to the proximity of job locations,
shopping opportunities, and residences, will discourage new trip
generation.

end delete begin insert

(7) Traffic generated by any transit priority project, as defined
in Section 21155 of the Public Resources Code.

end insert begin insert

(8) Improvements to facilities for bicyclists, pedestrians, and
public transportation.

end insert begin insert

(g) Nothing in this section shall be interpreted to require a local
agency to implement improvements to reduce delay at intersections
or roadway segments that the local agency determines would
impede the development of a balanced, multimodal transportation
network that meets the needs of all users of the streets, roads, and
highways for safe and convenient travel in a manner set forth in
the circulation element of the local agency’s general plan.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin 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.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to reduce the financial burden and hurdles to
development caused by duplicative transportation and land use
planning analyses, and to give local agencies flexibility to quickly
update their plans to provide for a safe transportation system for
all users, it is necessary that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 21099 of the Public Resources Code is
amended to read:

21099.  

(a) For purposes of this section, the following terms
mean the following:

(1) “Employment center project” means a project located on
property zoned for commercial uses with a floor area ratio of no
less than 0.75 and that is located within a transit priority area.

(2) “Floor area ratio” means the ratio of gross building area of
the development, excluding structured parking areas, proposed for
the project divided by the net lot area.

(3) “Gross building area” means the sum of all finished areas
of all floors of a building included within the outside faces of its
exterior walls.

(4) “Infill site” means a lot located within an urban area that
has been previously developed, or on a vacant site where at least
75 percent of the perimeter of the site adjoins, or is separated only
by an improved public right-of-way from, parcels that are
developed with qualified urban uses.

(5) “Lot” means all parcels utilized by the project.

(6) “Net lot area” means the area of a lot, excluding publicly
dedicated land and private streets that meet local standards, and
other public use areas as determined by the local land use authority.

(7) “Transit priority area” means an area within one-half mile
of a major transit stop that is existing or planned, if the planned
stop is scheduled to be completed within the planning horizon
included in a Transportation Improvement Program adopted
pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
Federal Regulations.

(b) (1) The Office of Planning and Research shall prepare,
develop, and transmit to the Secretary of the Natural Resources
Agency for certification and adoption proposed revisions to the
guidelines adopted pursuant to Section 21083 establishing criteria
for determining the significance of transportation impacts of
projects within transit priority areas. Those criteria shall promote
the reduction of greenhouse gas emissions, the development of
multimodal transportation networks, and a diversity of land uses.
In developing the criteria, the office shall recommend potential
metrics to measure transportation impacts that may include, but
are not limited to, vehicle miles traveled, vehicle miles traveled
per capita, automobile trip generation rates, or automobile trips
generated. The office may also establish criteria for models used
to analyze transportation impacts to ensure the models are accurate,
reliable, and consistent with the intent of this section.

(2) The Office of Planning and Research may determine that
transportation impacts, including as measured by vehicle miles
traveled, for residential and mixed-use projects in transit priority
areas do not meet the threshold of significance.

(3) Upon certification of the guidelines by the Secretary of the
Natural Resources Agency pursuant to this section, automobile
delay, as described solely by level of service or similar measures
of vehicular capacity or traffic congestion shall not be considered
a significant impact on the environment pursuant to this division,
except in locations specifically identified in the guidelines, if any.

(4) This subdivision does not relieve a public agency of the
requirement to analyze a project’s potentially significant
transportation impacts related to air quality, noise, safety, or any
other impact associated with transportation. The methodology
established by these guidelines shall not create a presumption that
a project will not result in significant impacts related to air quality,
noise, safety, or any other impact associated with transportation.
Notwithstanding the foregoing, the adequacy of parking for a
project shall not support a finding of significance pursuant to this
section.

(5) This subdivision does not preclude the application of local
general plan policies, zoning codes, conditions of approval,
thresholds, or any other planning requirements pursuant to the
police power or any other authority.

(c)  (1) The Office of Planning and Research may adopt
guidelines pursuant to Section 21083 establishing alternative
metrics to the metrics used for traffic levels of service for
transportation impacts outside transit priority areas. The alternative
metrics may include the retention of traffic levels of service, where
appropriate and as determined by the office.

(2) This subdivision shall not affect the standard of review that
would apply to the new guidelines adopted pursuant to this section.

(d) (1) Aesthetic and parking impacts of a residential, mixed-use
residential, or employment center project on an infill site within
a transit priority area shall not be considered significant impacts
on the environment.

(2) (A) This subdivision does not affect, change, or modify the
authority of a lead agency to consider aesthetic impacts pursuant
to local design review ordinances or other discretionary powers
provided by other laws or policies.

(B) For the purposes of this subdivision, aesthetic impacts do
not include impacts on historical or cultural resources.

(e) This section does not affect the authority of a public agency
to establish or adopt thresholds of significance that are more
protective of the environment.

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