Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1098

Introduced by Assembly Member Bloom

February 27, 2015

An act to amend begin delete Section 65089 of end delete begin insert Sections 65088.1, 65089, 65089.2, 65089.3, 65089.5, 65089.7, and 65089.10 of, to repeal Sections 65088.4, 65089.4, and 65089.9 of, and to repeal and add Section 65088 of, end insert the Government Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1098, as amended, Bloom. Transportation: congestion management.

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 Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law requires a congestion management begin delete plan end delete begin insert program end insert to be developed, adopted, and updated biennially by a designated agency for every county that includes an urbanized area. begin insert The congestion management 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 designated agency is then directed to monitor the implementation of all elements of the congestion management program. The required elements include, among other things, traffic level of service standards for a system of designated highways and roadways, a performance element that includes performance measures, and a 7-year capital improvement program. A city or county is required to prepare a deficiency plan when highway or roadway level of service standards are not maintained on segments or intersections of the designated system and is required to submit its adopted deficiency plan to the designated agency. end insert

This bill would begin delete make nonsubstantive changes to these provisions. end delete begin insert delete the traffic level of service standards as an element of a congestion management program and would delete related requirements, including the requirement that a city or county prepare a deficiency plan when highway or roadway level of service standards are not maintained. The bill would revise and recast the requirements for other elements of a congestion management program by, among other things, requiring performance measures to include vehicle miles traveled, air emissions, and bicycle, transit, and pedestrian mode share and requiring the designated agency, for roadway capacity expansion projects, to include in the 7-year capital improvement program an analysis of the potential for induced vehicle travel. end insert

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The bill would require the regional agency to evaluate how the congestion management program contributes to achieving a specified greenhouse gas reduction target for the region established by the State Air Resources Board.

end insert begin insert

To the extent that the above-described requirements impose additional duties on designated agencies and regional agencies, this bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law makes various legislative findings relative to congestion management programs.

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This bill would delete those legislative findings and would make new legislative findings relative to congestion management programs.

end insert begin insert

(3) This bill would make other technical and conforming changes to these provisions and would delete an obsolete provision.

end insert begin insert

(4) 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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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:

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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
repealed. end insert

begin delete

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, private 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 in order 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 finding that an individual infill project would
be adversely impacted by the surrounding environment or
transportation patterns.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65088 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 65088. end insert   

The Legislature finds and declares all of the following:

(a) With the adoption of Senate Bill 375 (Chapter 728 of the
Statutes of 2008), the Sustainable Communities and Climate
Protection Act of 2008, the Legislature signaled its commitment
to encouraging land use and transportation planning decisions
and investments that reduce vehicle miles traveled and contribute
to the reductions in greenhouse gas emissions required pursuant
to Assembly Bill 32 (Chapter 488 of the Statutes of 2006), the
California Global Warming Solutions Act of 2006. Similarly, the
California Complete Streets Act of 2008 (Chapter 657 of the
Statutes of 2008) requires local governments to plan for a
balanced, multimodal transportation network that meets the needs
of all users of streets, roads, and highways for safe and convenient
travel.

(b) In order to fulfill the commitment to reduce greenhouse gas
emissions and vehicle miles traveled, make the most efficient use
of urban land and transportation infrastructure, and improve
public health, increasing the number of trips taken by public
transit, bicycling, and walking must be a significant part of short-
and long-term planning goals at the local, regional, and state
levels.

(c) It is the intent of the Legislature to refocus the countywide
congestion management planning process around developing an
effective multimodal transportation system that enhances access
to destinations while reducing vehicle miles traveled and
greenhouse gas emissions and to better integrate congestion
management planning with efforts to implement Assembly Bill 32,
Senate Bill 375, and the Complete Streets Act.

end insert

begin insert

begin insert SEC. 3. 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.

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

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(1) Coordination with land use planning.

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(2) Exclusive right-of-way.

end delete begin delete

(3) Improved passenger boarding facilities.

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(4) Limited stops.

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

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(6) Prepaid fares.

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(7) Real-time passenger information.

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(8) Traffic priority at intersections.

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(9) Signal priority.

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(10) Unique vehicles.

end delete begin delete

(c)

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begin insert ( end insert begin insert b) end insert  “Commission” means the California Transportation
Commission.

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(d)

end delete

begin insert ( end insert begin insert c) end insert  “Department” means the Department of Transportation.

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(e) “Infill opportunity zone” means a specific area designated
by a city or county, pursuant to subdivision (c) of Section 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.

(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)

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begin insert ( end insert begin insert d) end insert  “Local jurisdiction” means a city, a county, or a city and
county.

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(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 strategies 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)

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begin insert ( end insert begin insert e) end insert  (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.

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(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.

end delete begin delete

(l )

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

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(m)

end delete

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

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 65088.4 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

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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, level of service
standards described in Section 65089 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.

end delete

begin delete SECTION 1. end delete
begin insert SEC. 5. end insert   

Section 65089 of the Government Code is amended
to read:

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:

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(1) (A) Traffic level of service standards 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. 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.

(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 LOS 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.

(2)

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begin insert ( end insert begin insert 1) end insert  A performance element that includes performance measures begin insert ,
as determined by the regional agency, end insert to evaluate current and
future multimodal system begin delete performance for the movement of people
and goods. end delete begin insert performance. end insert At a minimum, these performance
measures shall begin delete 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. end delete begin insert include vehicle miles traveled, air
emissions, and bicycle, transit, and pedestrian mode share. end insert These
performance measures shall support begin delete mobility, end delete begin insert connectivity, end insert air
quality, land use, and economic objectives, and shall be used in
the development of the capital improvement program required
pursuant to paragraph begin delete (5), deficiency plans required pursuant to
Section 65089.4, end delete begin insert (4) end insert and the land use analysis program required
pursuant to paragraph begin delete (4). end delete begin insert (3). end insert

begin delete

(3)

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begin insert ( end insert begin insert 2) end insert  A travel demand element that promotes begin delete alternative end delete begin insert a broad
range of end insert transportation begin delete methods, end delete begin insert options, end insert including, but not limited
to, carpools, vanpools, transit, bicycles, begin insert walking, end insert 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.

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(4)

end delete

begin insert ( end insert begin insert 3) end insert  A program to analyze the begin delete impacts of end delete begin insert interaction between end insert
land use decisions made by local jurisdictions begin delete on end delete begin insert and the end insert regional
transportation begin delete systems, including an estimate of the costs associated
with mitigating those impacts. end delete begin insert system. end insert This program begin delete shall measure, end delete
begin insert shall, end insert to the extent possible, begin delete the impact to the transportation system end delete
begin insert analyze local land use and transportation decisions end insert using the
performance measures described in paragraph begin delete (2). In no case shall
the program include an estimate of the costs of mitigating the
impacts of interregional travel. end delete begin insert (1). end insert 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. begin delete The program defined under
this section may require implementation through the requirements
and analysis of the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources
Code), in order to avoid duplication. end delete

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  A seven-year capital improvement program, developed using
the performance measures described in paragraph begin delete (2) to determine
effective end delete begin insert (1), that includes end insert 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. 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 begin insert or better than end insert that which existed prior to the
improvement or alteration. begin insert For roadway capacity expansion
projects, the agency shall include an analysis of the potential for
induced vehicle travel. end insert 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 begin insert and new end insert facilities.

(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
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 begin delete (b), or
in a deficiency plan pursuant to Section 65089.4, end delete begin insert (b) end insert 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. 6. end insert   

end insert

begin insert Section 65089.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete 65080. end delete begin insert 65080, end insert
begin insert including any adopted sustainable communities strategy. The
regional agency shall additionally evaluate how the program
contributes to achieving the greenhouse gas reduction target for
the region established by the State Air Resources Board pursuant
to Section 65080. end insert 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 Sections 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 that arise between
agencies related to congestion management programs adopted for
those areas.

(2) It is the further intent of the Legislature that disputes that
may arise between regional agencies, or agencies that are not within
the boundaries of a multicounty regional transportation planning
agency, should be mediated and resolved by the Secretary of
Transportation, or an employee of the Transportation Agency
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). Failure to resolve the dispute does not invalidate
the congestion management program.

begin insert

begin insert SEC. 7. 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 prior to program adoption. At least
biennially, the agency shall determine if the county and cities are
conforming to the congestion management begin delete program, including,
but not limited to, all of the following: end delete begin insert program. end insert

begin delete

(a) Consistency with levels of service standards, except as
provided in Section 65089.4.

(b) Adoption and implementation of a program to analyze the
impacts of land use decisions, including the estimate of the costs
associated with mitigating these impacts.

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

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 65089.4 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

65089.4.  

(a) A local jurisdiction shall prepare a deficiency
plan when highway or roadway level of service standards are not
maintained on segments or intersections of the designated system.
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 (f) of this section, after consultation with
the regional agency, the department, and the local air quality
management district or air pollution control district. If 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 so 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 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.

(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.

(3) 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.

(4) An action plan, consistent with the provisions of Chapter 5
(commencing with Section 66000), that shall be implemented,
consisting of improvements identified in paragraph (2), or
improvements, programs, or actions identified in paragraph (3),
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.

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

(B) Traffic generated by any mixed use development located
within 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.

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

(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.

(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

begin insert SEC. 9. end insert   

end insert

begin insert Section 65089.5 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65089.5.  

(a) If, pursuant to the monitoring provided for in
Section 65089.3, the agency determines, following a noticed public
hearing, that a city or county is not conforming with the
requirements of the congestion management program, the agency
shall notify the city or county in writing of the specific areas of
nonconformance. If, within 90 days of the receipt of the written
notice of nonconformance, the city or county has not come into
conformance with the congestion management program, the
governing body of the agency shall make a finding of
nonconformance and shall submit the finding to the commission
and to the Controller.

(b) (1) Upon receiving notice from the agency of
nonconformance, the Controller shall withhold apportionments of
funds required to be apportioned to that nonconforming city or
county by Section 2105 of the Streets and Highways Code.

(2) If, within the 12-month period following the receipt of a
notice of nonconformance, the Controller is notified by the agency
that the city or county is in conformance, the Controller shall
allocate the apportionments withheld pursuant to this section to
the city or county.

(3) If the Controller is not notified by the agency that the city
or county is in conformance pursuant to paragraph (2), the
Controller shall allocate the apportionments withheld pursuant to
this section to the agency.

(c) The agency shall use funds apportioned under this section
for projects of regional significance which are included in the
capital improvement program required by paragraph begin delete (5) end delete begin insert (4) end insert of
subdivision (b) of Section begin delete 65089, or in a deficiency plan which
has been adopted by the agency. end delete begin insert 65089. end insert The agency shall not use
these funds for administration or planning purposes.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 65089.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65089.7.  

A proposed development specified in a development
agreement entered into prior to July 10, 1989, shall not be subject
to any action taken to comply with this chapter, except actions
required to be taken with respect to the trip reduction and travel
demand element of a congestion management program pursuant
to paragraph begin delete (3) end delete begin insert (2) end insert of subdivision (b) of Section 65089.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 65089.9 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

65089.9.  

The study steering committee established pursuant
to Section 6 of Chapter 444 of the Statutes of 1992 may designate
at least two congestion management agencies to participate in a
demonstration study comparing multimodal performance standards
to highway level of service standards. The department shall make
available, from existing resources, fifty thousand dollars ($50,000)
from the Transportation Planning and Development Account in
the State Transportation Fund to fund each of the demonstration
projects. The designated agencies shall submit a report to the
Legislature not later than June 30, 1997, regarding the findings of
each demonstration project.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 65089.10 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65089.10.  

Any congestion management agency that is located
in the Bay Area Air Quality Management District and receives
funds pursuant to Section 44241 of the Health and Safety Code
for the purpose of implementing paragraph begin delete (3) end delete begin insert (2) end insert of subdivision
(b) of Section 65089 shall ensure that those funds are expended
as part of an overall program for improving air quality and for the
purposes of this chapter.

begin insert

begin insert SEC. 13. 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