BILL ANALYSIS
SB 391
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 391
AUTHOR: Liu
AMENDED: April 23, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : TRANSPORTATION PLANNING AND GHG EMISSIONS
SUMMARY :
Existing law :
1) Sets legislative intent for the Department of
Transportation (Caltrans). (Government Code 14000 et
seq.).
2) Under Long-Range Transportation Planning Law (65070 et
seq.):
a) Requires Caltrans to submit the California
Transportation Plan (CTP) to the Governor by December 1,
1993; requires Caltrans to make a draft of its proposed
CTP available to the Legislature, commission
(undefined), and regional transportation planning
agencies for review and comment; provides Legislative
intent for the Legislature to hold hearings and submit
comments to Caltrans and the Governor after conducting
joint hearings of the Transportation Committees; and
requires the Governor to adopt the CTP and submit the
CTP to the Legislature and the U.S. Department of
Transportation.
b) Requires the CTP to include a policy element
describing the state's transportation policies and
system performance objectives. These policies must be
consistent with certain policies, including those
contained in Caltrans legislative intent (#1 above).
c) Requires the CTP policy element to be submitted
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December 1993, and address any opportunities for changes
or additions to state legislative policy direction or
statute.
This bill :
1) Under Caltrans legislative intent, adds legislative intent
regarding greenhouse gas (GHG) emission reduction
requirements, emissions from the transportation sector, the
lack of a statewide transportation planning process needed
to meet mobility and congestion management objectives
consistent with GHG emission requirements and air pollution
standards, and historic public transportation ridership
increases.
2) Under Long-Range Transportation Planning Law:
a) Requires the CTP first update to be completed by
December 31, 2015, and updated every five years;
requires Caltrans to consult with and make its proposed
CTP and updates available to the California
Transportation Commission (CTC) (rather than the
legislature and "commission"), the State Air Resources
Board (ARB), State Energy Resources Conservation and
Development Commission, air quality management
districts, public transit operators - as well as the
regional transportation agencies as required under
current law, for review and comment; repeals the
legislative intent for legislative hearings; requires
Caltrans to provide an opportunity for public input;
requires Caltrans to make a final draft available to the
Legislature and Governor for review and comment; and
authorizes the CTC to present the results of its review
and comment to the Legislature and Governor.
b) Requires the CTP policy element to include policies
and objectives that are also consistent with legislative
intent added by this bill (#1 above).
c) Repeals the requirement for the CTP policy element to
address certain information for the plan submitted in
December 1993.
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d) Requires the CTP to consider certain subject areas
for movement of people and freight (e.g., mobility and
accessibility, efficient system management and
operation, safety and security, environmental protection
and quality of life).
e) Requires Caltrans, in developing the CTP, to address
how the state will achieve maximum feasible emissions
reductions to attain a statewide reduction of emissions
to specified levels. Caltrans must complete an interim
report by December 31, 2012, that includes a list and
overview of sustainable communities strategies prepared
by each metropolitan planning organization (as required
under Government Code 65080(b)(2)), and must assess how
implementation of the strategies will influence
configuration of the statewide integrated multimodal
transportation system. Caltrans must submit the interim
report to the CTC and to chairs of certain legislative
committees.
COMMENTS :
1) Purpose of Bill . According to the author, "Over the last
several years, the direction in California environmental
protection, housing, and infrastructure financing policy
has been to break down the silos created by single purpose
bureaucratic organizations and legislative mandates." The
author notes that "Motivating this new direction is
recognition of climate change as a reality and California's
desire to be a leader in the field of tackling this global
issue. Fundamental to the shift are coordination among
local, regional, and state government and public
involvement at all levels."
According to the author, "Recently enacted legislation - AB 32
of 2006, and SB 375 and SB 732 of 2008 - has set this
process in motion. SB 391 is an effort to fit another
piece of the puzzle into an integrated statewide planning
process that will secure a sustainable future for
California."
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2) Technical amendments needed . Amendments are needed to: a)
reference the California Global Warming Solutions Act of
2006 when citing the 2020 GHG emission reduction targets;
b) reference the alternative planning strategy, which must
be prepared if the sustainable communities strategy is
unable to reduce GHG emissions to achieve the GHG emission
reduction targets established by the ARB; and c) require
the interim report to also be submitted to chairs of the
Senate Environmental Quality Committee and Assembly Natural
Resources Committee, as well as chairs of the Local
Government Committees.
SOURCE : Senator Liu
SUPPORT : None on file
OPPOSITION : None on file