BILL NUMBER: SB 705	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 27, 2009

   An act to amend Section 65088.4 of the Government Code, relating
to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 705, as introduced, Lowenthal. Traffic congestion: infill
housing.
   Existing law requires the development, adoption, and updating of a
congestion management program for each county that includes an
urbanized area, as defined. The program is required to contain
specified elements and to be submitted to regional agencies, as
defined, for determination of whether the program is consistent with
regional transportation plans. The required elements include traffic
level of service standards for a system of designated highways and
roadways.
   Existing law defines an infill opportunity zone for purposes of
the above-described provisions to mean a specific area designated by
a city or county zoned for new compact residential or mixed use
development, except as specified, within 1/3 mile of specified
transportation sites in counties with a population of over 400,000.
Under existing law streets and highways in an infill opportunity zone
are exempt from the level of service standards specified in the
above-described provisions and instead the city or county is required
to include them an alternate level of service standards or take
other actions, as specified. Existing law provides that a city or
county may not designate an infill opportunity zone after December
31, 2009.
   This bill would eliminate the deadline for designating an infill
opportunity zone.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65088.4 of the Government Code is amended to
read:
   65088.4.  (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
   (b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone. The city or county
shall do either of the following:
   (1) Include these streets and highways under an alternative
areawide level of service standard or multimodal composite or
personal level of service standard that takes into account both of
the following:
   (A) The broader benefits of regional traffic congestion reduction
by siting new residential development within walking distance of, and
no more than one-third mile from, mass transit stations, shops, and
services, in a manner that reduces the need for long vehicle commutes
and improves the jobs-housing balance.
   (B) Increased use of alternative transportation modes, such as
mass transit, bicycling, and walking.
   (2) Approve a list of flexible level of service mitigation options
that includes roadway expansion and investments in alternate modes
of transportation that may include, but are not limited to, transit
infrastructure, pedestrian infrastructure, and ridesharing, vanpool,
or shuttle programs.
   (c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan.  A city or county may not designate an infill
opportunity zone after December 31, 2009. 
   (d) The city or county in which the infill opportunity zone is
located shall ensure that a development project shall be completed
within the infill opportunity zone not more than four years after the
date on which the city or county adopted its resolution pursuant to
subdivision (c). If no development project is completed within an
infill opportunity zone by the time limit imposed by this
subdivision, the infill opportunity zone shall automatically
terminate.