BILL ANALYSIS
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THIRD READING
Bill No: SB 391
Author: Liu (D)
Amended: 5/4/09
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 7-4, 4/21/09
AYES: Lowenthal, DeSaulnier, Kehoe, Oropeza, Pavley,
Simitian, Wolk
NOES: Huff, Ashburn, Harman, Hollingsworth
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/27/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/18/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Wolk, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
SUBJECT : State transportation planning
SOURCE : Author
DIGEST : This bill requires the Department of
Transportation 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
CONTINUED
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emissions reductions needed from the transportation sector.
ANALYSIS :
Existing law:
1. Sets legislative intent for the Department of
Transportation (Caltrans).
2. Under Long-Range Transportation Planning Law:
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
Senate and Assembly Transportation Committees.
Requires the Governor to adopt the CTP and submit the
CTP to the Legislature and the United States
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 in
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
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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 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. Authorizes 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.
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
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includes a list and overview of sustainable
communities strategies and alternative planning
strategies prepared by each metropolitan planning
organization (as required under Section 65080(b)(2)
of the Government Code), and must assess how
implementation of the strategies and alternative
planning 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Consultant contract $50
$100Federal*
Caltrans staff $56 $56
Special**
* Federal Trust Fund (State Planning
and Research revenue)
** State Highway Account
ARGUMENTS IN SUPPORT : 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
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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."
JJA:mw 5/20/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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