BILL ANALYSIS
AB 782
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Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 782 (Jeffries) - As Introduced: February 26, 2009
SUBJECT : Regional transportation plans: sustainable
communities strategies
SUMMARY : Prohibits judicial review of specified Air Resources
Board (ARB) and local government decisions related to greenhouse
gas (GHG) emissions and land use. Expands specified California
Environmental Quality Act (CEQA) exemptions which are currently
available only to a residential project to any project.
EXISTING LAW :
1)Requires ARB to adopt a statewide GHG emissions limit
equivalent to 1990 levels by 2020 and adopt regulations to
achieve maximum technologically feasible and cost-effective
GHG emission reductions. (AB 32 (Nunez), Chapter 488,
Statutes of 2006)
2)Requires metropolitan planning organizations (MPOs) to include
sustainable communities strategies (SCS), as defined, in their
regional transportation plans (RTPs) for the purpose of
reducing GHG emissions, aligns planning for transportation and
housing, and creates specified incentives for the
implementation of the strategies. (SB 375 (Steinberg),
Chapter 728, Statutes of 2008)
Specifically, as it relates to the provisions of this bill, SB
375:
a) Requires ARB to appoint a Regional Targets Advisory
Committee (RTAC) to recommend factors to be considered and
methodologies to be used for setting GHG emission reduction
targets for the affected regions, and specifies the
composition of the committee, including, but not limited
to, local transportation agencies.
b) Requires the RTP for specified regions to include an
SCS, as specified, designed to achieve certain goals for
the reduction of GHG emissions from automobiles and light
trucks in a region.
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c) Requires that, if an SCS is unable to reach the ARB
target, the MPO prepare an alternative planning strategy
(APS) to the SCS, as a separate document from the RTP,
showing how those GHG emission targets would be achieved
through alternative development patterns, infrastructure,
or additional transportation measures or policies, as
specified.
d) Requires that, after adoption, an MPO submit an SCS or
an APS, if one has been adopted, to ARB to accept or reject
the MPO's determination that the strategy submitted would,
if implemented, achieve the GHG emission reduction targets,
and requires ARB to complete its review within 60 days.
e) Requires certain transportation planning and programming
activities to be consistent with the SCS in order to obtain
funding, but states that transportation projects funded by
specified measures are not required to be consistent with
the SCS.
f) Specifies that, if a residential or mixed-use
residential project is consistent with the use designation,
density, building intensity, and applicable policies
specified for the project area in either an approved SCS or
APS, and if the project incorporates the mitigation
measures required by an applicable prior environmental
document, any findings or other determinations for an
exemption, a negative declaration, a mitigated negative
declaration, an environmental impact report (EIR), or
addenda prepared or adopted for the project pursuant to
CEQA shall not be required to reference, describe, or
discuss growth inducing impacts or any project specific or
cumulative impacts from cars and light-duty truck trips
generated by the project on global warming or the regional
transportation network.
THIS BILL :
1)Expands membership of the RTAC to add commercial builders, the
business community and entities involved in funding
transportation projects.
2)Expands the exemption from consistency with an SCS to any
project funded by (a) a transportation sales tax ballot
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measure prior to 2011 or (b) the federal American Recovery and
Reinvestment Act of 2009.
3)Requires MPOs to create a business advisory committee to
provide input on the business impacts of a proposed SCS.
4)Prohibits judicial review of ARB's acceptance of a SCS or APS.
5)Prohibits judicial review of any local government entity's
determination that a project is consistent with a SCS or APS.
6)Expands the application of the abbreviated CEQA review SB 375
established for residential projects to any development
project.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Rewriting SB 375 before the ink is dry. To meet AB 32's GHG
reduction goals, ARB plans to rely on changes in land use
practices accomplished through the process established by SB
375. Implementation of SB 375 is intended to reduce GHG
emissions from vehicle trips. SB 375 took effect in January
and is in preliminary stages of implementation. This bill
would revise key points of SB 375 to benefit commercial and
transportation developers.
2)Double referral. This bill has been double-referred to the
Assembly Local Government Committee.
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REGISTERED SUPPORT / OPPOSITION :
Support
American Council of Engineering Companies, California
Building Owners and Managers Association of California
California Business Properties Association
California Chamber of Commerce
California Manufacturers & Technology Association
International Council of Shopping Centers
National Association of Office and Industrial Properties
Sacramento Builders' Exchange
Opposition
Breathe California
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092