BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 842|
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                                 THIRD READING


          Bill No:  AB 842
          Author:   Jones (D), et al
          Amended:  8/13/08 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  9-3, 6/17/08
          AYES:  Lowenthal, Cedillo, Corbett, Kehoe, Maldonado,  
            Oropeza, Simitian, Torlakson, Yee
          NOES:  McClintock, Ashburn, Harman
          NO VOTE RECORDED:  Hollingsworth
           
          SENATE APPROPRIATIONS COMMITTEE  :  9-6, 8/7/08
          AYES:  Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,  
            Ridley-Thomas, Simitian, Yee
          NOES:  Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
          
          ASSEMBLY FLOOR  :  47-28, 1/28/08 - See last page for vote


           SUBJECT  :    Reducing vehicle miles traveled through  
          regional 
                      transportation plans and Proposition 1C  
          programs

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Housing and  
          Community Development, when ranking applications for  
          funding under the Infill Incentive Grant Program and the  
          Transit Oriented Development Implementation Program, to  
          award preference or priority to projects located in areas  
                                                           CONTINUED





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          where the local or regional entity has adopted a general  
          plan, transportation plan, or regional blueprint that will  
          reduce the growth of vehicle miles traveled by at least 10  
          percent, and the project is consistent with that planning  
          document.

           ANALYSIS  :    

           Regional Transportation Plans
           
          Current law requires the regional transportation planning  
          agencies (RTPAs) to adopt regional transportation plans  
          (RTPs) directed at achieving a coordinated and balanced  
          regional transportation system, including, but not limited  
          to, mass transportation, highway, railroad, maritime,  
          bicycle, pedestrian, goods movement, and aviation  
          facilities and services.  The RTP must contain a policy  
          element, an action element, and a financial element and is  
          the source for projects programmed in the regional  
          transportation improvement plan, which lists all capital  
          improvement projects that are expected to receive an  
          allocation of state transportation funds during the  
          following five fiscal years.  The California Transportation  
          Commission adopts guidelines that help RTPAs meet their RTP  
          obligations.  

          This bill requires the California Transportation Commission  
          to update its guidelines for the preparation of RTPs,  
          including, but not limited to, a requirement that each RTP  
          provide for a 10 percent reduction in the growth increment  
          of vehicle miles traveled (VMT). 

           Proposition 1C Programs
           
          In November 2006, California voters approved Proposition  
          1C, the $2.85 billion Housing and Emergency Shelter Trust  
          Fund Act of 2006.  The bond act includes $850 million for  
          the Infill Incentive Grant Program, which is administered  
          by the Department of Housing and Community Development  
          (HCD).  This program provides grants for infrastructure  
          necessary to support new higher-density infill housing.  In  
          rating and ranking applications under this program, HCD  
          must use all of the following priorities:








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          1. Project readiness.

          2. The depth and duration of the housing affordability.

          3. The extent to which the project density exceeds the  
             housing element density standards.

          4. The inclusion of, or proximity or accessibility to, a  
             transit station or major transit stop.

          5. The proximity to parks, employment or retail centers,  
             schools, or social services.

          6. Consistency with an adopted regional blueprint plan or  
             other adopted regional growth plan intended to foster  
             efficient land use.

          Proposition 1C also includes $300 million for the Transit  
          Oriented Development Housing Program, administered by HCD,  
          which provides grants and loans to facilitate the  
          development of higher density housing within close  
          proximity to transit stations that will increase public  
          transit ridership.  In rating and ranking applications  
          under this program, HCD must consider the extent to which  
          the development will increase public transit ridership and  
          minimize automobile trips.  HCD must also grant bonus  
          points to developments that are consistent with regional  
          growth blueprints.

          This bill:

          1. Requires HCD to use the following as ranking criteria  
             under the Infill Incentive Grant Program and to grant a  
             substantial preference for the following under the  
             Transit Oriented Development Housing Program:

             A.    The project's location in a city, county, or city  
                and county that has adopted a general plan that will  
                reduce the growth increment in VMT by at least 10  
                percent and the project is consistent with the plan.

             B.    The project's location in a region that has  
                adopted a transportation plan, an RTP, a regional  
                blueprint, or similar document that will reduce the  







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                growth increment in VMT by at least 10 percent and  
                the project is consistent with the plan, blueprint,  
                or similar document. 

          2. Requires HCD to rely upon the expertise of the  
             Department of Transportation in ranking the  
             applications.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2008-09     2009-10     
             2010-11               Fund  

            HCD admin: VMT      $237      $43       $43       Bond*
            assessments

             *   Split evenly between the Regional Planning,  
              Housing, and Infill Incentive Account and Transit  
              Oriented Development Fund (Proposition 1C).  

           SUPPORT  :   (Verified  8/13/08)

          American Federation of State, Municipal and County  
          Employees                                         
          American Lung Association
          Breathe California 
          California League of Conservation Voters 
          City of Sacramento 
          Gray Panthers  
          Pacific Gas and Electric
          Planning and Conservation League 
          Sacramento Area Council of Governments 
          Sierra Club California 
          Southern California Edison 

           OPPOSITION  :    (Verified  8/13/08)

          Department of Finance
          Department of Housing and Community Development







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          Los Angeles Metropolitan Transportation Agency 

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          California faces a great challenge in the coming years to  
          reduce greenhouse gas emissions.  The measurement of VMT is  
          useful in that it correlates to the amount of time each  
          household spends in its vehicles and is a proxy for  
          progress in improving land use planning.  VMT is a  
          widely-used barometer that encompasses items such as infill  
          development, jobs close to housing, shorter commute times,  
          better public systems, and many more important quality of  
          life factors.  Reducing VMT closely correlates with the  
          state goals of improving air quality, reducing congestion,  
          reducing sprawl, developing energy independence, and  
          preserving open space.  

          This bill seeks to direct Proposition 1C funds allocated to  
          infill and transit oriented development more towards  
          regions, cities, and counties that have prepared land use  
          plans that will reduce the growth in VMT by 10 percent.    
          This bill creates an incentive for cities and counties to  
          adopt more environmentally friendly general plans and  
          encourage their regional council of governments to do  
          likewise for the region.    

           ARGUMENTS IN OPPOSITION  :    The Department of Finance  
          opposes this bill for the following reasons:
            
             "The changes made by this bill affecting the Infill  
            Incentive Program and Transit Oriented Development  
            program appear inconsistent with the intent of these  
            programs.  Specifically:

               The Infill Infrastructure Grant program provides  
               funding for projects that are generally difficult to  
               finance.  Specifying additional rating and ranking  
               criteria may make it more difficult to finance infill  
               projects.


               The Transit Oriented Development program was intended  
               to provide incentives to build housing near transit  
               stations, thus reducing motor vehicle traffic.  It  
               appears inconsistent to include an applicants  







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               residency within an area with a general plan that  
               already includes a reduction of vehicle miles traveled  
               as rating and ranking criteria for a program designed  
               to incentivize motor vehicle traffic reduction.


               This bill would not create a level playing field for  
               local governments that do not currently have general  
               plans that include a reduction in the growth increment  
               of vehicle miles traveled.


               If an opportunity is provided to local governments to  
               amend general plans, modifying the rating and ranking  
               criteria would delay award of Proposition 1C bond  
               funds.  This would delay housing projects that should  
               reduce vehicle miles driven due to the proximity of  
               the housing to employment and/or transit."


           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Bass, Beall, Berg, Blakeslee, Brownley,  
            Caballero, Charles Calderon, Carter, Coto, Davis, De La  
            Torre, De Leon, DeSaulnier, Dymally, Eng, Evans, Feuer,  
            Fuentes, Hancock, Hayashi, Hernandez, Huffman, Jones,  
            Karnette, Krekorian, Laird, Leno, Levine, Lieber, Lieu,  
            Ma, Mendoza, Mullin, Nava, Parra, Portantino, Price,  
            Ruskin, Salas, Saldana, Solorio, Strickland, Swanson,  
            Torrico, Wolk, Nunez
          NOES:  Adams, Aghazarian, Anderson, Benoit, Berryhill,  
            Cook, Duvall, Emmerson, Fuller, Gaines, Garcia, Garrick,  
            Horton, Houston, Huff, Jeffries, Keene, La Malfa, Maze,  
            Nakanishi, Niello, Plescia, Silva, Smyth, Spitzer, Tran,  
            Villines, Walters
          NO VOTE RECORDED:  DeVore, Galgiani, Sharon Runner, Soto,  
            Vacancy


          JJA:mw  8/13/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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