BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 391
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Liu
                                                                            
                                                                        
                                                         VERSION: AS  
                                                         PROPOSED TO BE  
                                                         AMENDED
          Analysis by: Art Bauer                         FISCAL:  Yes
          Hearing date: April 14, 2009







          SUBJECT:

          State transportation planning

          DESCRIPTION:

          This bill requires the Department of Transportation (Caltrans)  
          to update its state transportation plan by December 31, 2015 and  
          every five years thereafter. This bill also requires that the  
          plan address how the state will meet the transportation  
          infrastructure and mobility needs of California and attain air  
          pollution standards required by federal and state law and  
          achieve greenhouse gas (GHG) emissions reductions needed from  
          the transportation sector.

          ANALYSIS:

          Existing law:

             1.   Requires Caltrans to prepare and submit a state  
               transportation plan to the governor by December 1993. 

             2.   Requires that the plan include a policy element that  
               describes the state's transportation policies and system  
               performance objectives. 

             3.   Requires that the plan include a strategic element that  
               incorporates broad system concepts and strategies  
               synthesized from adopted regional transportation plans. 





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             4.   Prohibits the California Transportation Plan from being  
               project specific. 

             5.   Requires that the plan include economic forecasts and  
               recommendations to the Legislature and the governor that  
               would achieve the plan's broad system concepts, strategies,  
               and performance objectives. 

             6.   Requires the preparation of regional transportation  
               plans (RTPs) by regional transportation planning agencies  
               and further requires federally designated metropolitan  
               planning organizations (MPOs) with a regional population in  
               excess of 200,000 persons include in their RTPs a variety  
               of measures addressing mobility and congestion and a  
               sustainable communities strategy (SCS) designed to achieve  
               the region's ARB targets for greenhouse gas emission  
               reduction. 

             7.   Federal law requires periodic submittal of a state  
               transportation plan to the U.S Department of  
               Transportation.

           This bill: 
           
             1.   Makes findings and recommendations regarding the state's  
               goals for the reduction of GHG emissions, the contributions  
               of GHG emissions from the transportation sector, and the  
               lack of a comprehensive, statewide, multimodal state  
               transportation planning process that identifies the  
               transportation system needed to meet objectives of mobility  
               and congestion management consistent with GHG targets and  
               air pollution standards. 

             2.   Requires the state transportation plan to consider  
               mobility and accessibility, integration and connectivity,  
               efficient system management and operation, existing system  
               preservation, safety and security, economic development,  
               including productivity and efficiency, and environmental  
               protection and quality of life. 

             3.   Requires the plan to explain how the state will achieve  
               maximum feasible emissions reductions in order to attain a  
               statewide reduction of greenhouse gas emissions to 1990  
               levels by 2020 and 80 percent below 1990 levels by 2050. In  
               developing the explanation, Caltrans must consider the use  
               of alternative fuels, new vehicle technology, tailpipe  




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               emissions reductions, and expansion of public transit,  
               commuter rail, and intercity rail. The plan shall identify  
               the statewide integrated multimodal transportation system  
               needed to achieve these results. 

             4.   Requires that a state transportation plan be prepared  
               and completed by December 31, 2015 and updated every five  
               years thereafter. 

             5.   Requires Caltrans to consult and coordinate during the  
               preparation of the with various organizations, including  
               the California Transportation Commission, the Air Resources  
               Board, the Energy Commission, regional transportation  
               planning agencies, air quality management districts, and  
               public transit operators. 

             6.   Requires Caltrans to hold public hearings during the  
               preparation of the plan.

             7.   Requires the governor to submit the plan to the  
               Legislature and U.S. Department of Transportation. 

          COMMENTS:

              1.   Purpose  . This bill will establish an ongoing statewide  
               multimodal transportation planning process within Caltrans.  
               Generally, state transportation planning focus on defining  
               corridor highway needs for determining operational  
               improvements, reconstruction, and rehabilitation and for  
               new capacity. This process especially in the urban areas  
               relies upon the regional transportation planning process.  
               The author points out that over the last several years, the  
               direction in California environmental, transportation,  
               housing, and infrastructure financing policy has been to  
               break down the silos created by single purpose bureaucratic  
               organizations and legislative mandates.  The goal is to  
               produce integrated planning processes that recognize the  
               relationships among residential, commercial/industrial, and  
               agricultural land use; transportation and  housing; air  
               quality; and energy facility siting planning, regulatory,  
               and infrastructure funding processes.   Much of this  
               motivation comes from the acceptance of climate change as a  
               reality and California's desire to be a leader in the field  
               of addressing this global issue.  A fundamental element of  
               this direction has been to recognize the need for local,  
               regional, and state coordination.  In short, the new  




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               paradigm needs to emphasize both vertical and horizontal  
               integration of the state's planning, regulatory, and  
               funding processes.

              2.   Background  . Historically, the Legislature and governors  
               have had a difficult time addressing the issue of state  
               transportation planning. The most coherent transportation  
               plan was developed during the 1950s. This was a single mode  
               plan, and the highway segments were included in statute.  
               During the 1970s state law required Caltrans to prepare a  
               multimodal state transportation plan and the Legislature  
               was to adopt it. A bill adopting the plan passed the  
               Senate. Before a hearing could be scheduled in the  
               Assembly, the Secretary of Business and Transportation gave  
               a speech in which he called the plan a "wind tunnel of  
               rhetoric." That as the end of state transportation planning  
               until the 1993 plan.  

              3.   Integration of GHG issues and sustainable communities  .  
               This bill seeks to have a statewide multimodal  
               transportation plan that endeavors to incorporate into the  
               transportation planning process the requirements of AB 32  
               (N??ez), Chapter 488, Statutes of 2006, and SB 375  
               (Steinberg), Chapter 728, Statutes of 2008. This has the  
               potential of creating a truly statewide transportation  
               system strategy taking into account the most recent  
               legislative direction on vehicle emissions and metropolitan  
               land development. 

              4.   Author's amendment  . The author will submit amendments  
               that doing the following:

               a.     Requires Caltrans to complete an interim report on  
                 the plan by December 31, 2012 and submit it o the Senate  
                 Transportation and Housing Committee, the Assembly  
                 Transportation Committee, and the California  
                 Transportation Commission.  

               b.     Requires the interim report to provide an overview  
                 of all the SCSs that metropolitan planning organizations  
                 with a population in excess of 200,000 must prepare under  
                 existing law and assess how the implementation of the  
                 SCSs will influence the configuration of the statewide  
                 multimodal transportation system.

               c.     Makes technical changes.




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          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,  
                     April 15, 2009)

               SUPPORT:  None received.

               OPPOSED:  None received.