Amended in Senate May 5, 2014

Amended in Senate April 8, 2014

Amended in Senate March 24, 2014

Senate Bill No. 1122

Introduced by Senator Pavley

February 19, 2014

An act to add Division 44 (commencing with Section 75200) to the Public Resources Code, relating to sustainable communities.

LEGISLATIVE COUNSEL’S DIGEST

SB 1122, as amended, Pavley. Sustainable communities: Strategic Growth Council.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law authorizes moneys from the fund to be allocated for the purpose of reducing greenhouse gas emissions in this state through specified investments, including funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects.

Existing law requires certain transportation planning activities by designated regional transportation planning agencies, including development of a regional transportation plan. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires metropolitan planning organizations to adopt a sustainable communities strategy, subject to specified requirements, as part of a regional transportation plan, which is to be designed to achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region.

Existing law establishes the Strategic Growth Council and requires the council to, among other things, manage and award grants and loans to support the development, adoption, or implementation of a regional plan or other planning instrument consistent with a regional plan that achieves specified objectives, including meeting the goals of the California Global Warming Solutions Act of 2006. Existing law specifies that the financial assistance provided shall be funded by the bond proceeds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.

This bill would additionally begin delete require end delete begin insert authorize end insert the council to begin delete provide end delete begin insert manage and award end insert financial assistance for begin delete those purposes, end delete begin insert the purpose of supporting the implementation of sustainable communities strategies or alternative planning strategies, end insert to be funded from moneys from the Greenhouse Gas Reduction Fund, upon appropriation by the begin delete Legislature, and would additionally require the regional plan or other planning instrument to meet the requirements of an applicable sustainable communities strategy. end delete begin insert Legislature. end insert The bill would begin delete authorize end delete begin insert require end insert the council to begin delete develop and implement regional grant programs to support the implementation of sustainable communities strategies, alternative transportation plans, or other regional greenhouse gas emission reduction plans within a developed area. The bill would require the council, in consultation with specified public agencies, to establish standards for integrated modeling systems and measurement methods, and standards for the use of moneys awarded. end delete begin insert adopt guidelines for the use of the funds by recipients. end insert The bill also would authorize the council to award financial assistance for the development and implementation of agricultural, natural resource, and open space land protection plans that are consistent with the implementation of sustainable communities strategies, alternative begin delete transportation plans, end delete begin insert planning strategies, end insert or other regional greenhouse gas emission reduction plans.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Division 44 (commencing with Section 75200)
is added to the Public Resources Code, to read:

 

Division 44.  Sustainable Communities
Implementation

 

begin delete end delete begin delete

 

Chapter  1. General Provision

 

end delete

75200.  

For the purposes of this division, “council” means the
Strategic Growth Council established pursuant to Section 75121.

begin delete end delete begin delete

 

Chapter  2. Sustainable Communities

 

end delete begin insert

begin insert 75205. end insert   

Upon appropriation by the Legislature, the council
may expend moneys from the Greenhouse Gas Reduction Fund,
established pursuant to Section 16428.8 of the Government Code,
for the purposes of this division.

end insert

75210.  

(a) To support the planning and development of
sustainable communities, the council begin delete shall end delete begin insert may end insert manage and award
financial assistance to a council of governments, metropolitan
planning organization, begin insert or end insert regional transportation planning begin delete agency,
city, county, or joint powers authority to develop, adopt, or end delete begin insert agency
to end insert implement a begin delete regional plan or other planning instrument
consistent with a regional plan that improves air and water quality,
improves natural resource protection, increases the availability of
affordable housing, improves transportation, meets the goals of
the California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety
Code), encourages sustainable land use, and meets the requirements
of Section 65080 of the Government Code. Moneys from the
Greenhouse Gas Reduction Fund established pursuant to Section
16428.8 of the Government Code shall, upon appropriation by the
Legislature, be expended by the council for providing financial
assistance pursuant to this section. end delete begin insert sustainable communities
strategy or alternative planning strategy adopted pursuant to
Section 65080 of the Government Code that the State Air Resources
Board has determined would, if implemented, achieve the
greenhouse gas emission reduction targets established by the
board, or if a sustainable communities strategy is not required for
a region by law, a regional transportation plan that includes
programs and policies to reduce greenhouse gas emissions. end insert

begin delete

(b) To support the implementation of sustainable communities
strategies, alternative transportation plans, or other regional
greenhouse gas emission reduction plans within a developed area,
the

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert council begin delete may end delete begin insert shall end insert adopt begin delete criteria and requirements end delete
begin insert guidelines end insert for the begin delete development and implementation of regional
grant programs end delete begin insert use of the funds by award recipients end insert that include
all of the following:

(1) Require that projects begin insert meeting threshold criteria relating to
project feasibility and applicant capacity end insert be selected within each
region by the regional granting authority through a competitive
public process based on reduction in the emissions of greenhouse
gases.

(2) Establish the methods for evaluating, monitoring, and
verifying begin delete project effectiveness, including those related to travel
demand reduction, system efficiency, safety improvements,
demographic characteristics, and integrated land use and
transportation strategies. end delete begin insert greenhouse gas emission reductions as
well as other grant requirements. end insert

begin delete

(3) Provide for the development and implementation of projects
that integrate infrastructure investment with land use or local code
changes to achieve the maximum reduction in the emissions of
greenhouse gases.

end delete begin insert

(3) Ensure compliance with Section 39713 of the Health and
Safety Code.

end insert

(4) Provide for public participation in the review of proposed
projects.

begin delete

(5) Provide for consultation and coordination with air pollution
control districts and air quality management districts.

end delete

(c) The council, in consultation with the State Air Resources
Board and the metropolitan planning organizations, shall establish
standards for integrated modeling systems and measurement
methods to ensure consistency in evaluating the potential
effectiveness of projects and verifying the actual benefits of
projects after completion.

begin delete

(d) The council, in consultation with the California
Transportation Commission and the State Air Resources Board,
shall establish standards for the use of moneys to ensure
compliance with this division and Section 39713 of the Health and
Safety Code. Eligible

end delete

begin insert (d) end insert begin insert   end insert begin insert Eligible end insert uses of the moneys shall include any of the
following:

(1) Transportation network and demand management, including,
but not limited to, trip reduction programs, congestion begin insert and parking end insert
pricing, safe routes to schools, and roadway begin delete modifications, such
as roundabouts. end delete begin insert modifications. end insert

begin delete

(2) Public transportation, including operations, maintenance,
and capital costs.

end delete begin delete

(3) Road and bridge maintenance; operations and retrofits for
complete streets, bike and pedestrian safety enhancements; and
urban greening.

end delete begin insert

(2) Increasing public transportation service or frequency of
service.

end insert begin insert

(3) Enhancing transit and active transportation options,
including complete streets, bicycle and pedestrian facilities, and
roadway improvements that facilitates transit operation.

end insert

(4) Clean transportation fueling infrastructure and support.

(5) Multimodal network connectivity to begin delete reduce travel distances
and end delete improve access to parks, schools, jobs, housing, and markets
for rural and urban begin delete communities, including neighborhood scale
planning. end delete begin insert communities. end insert

(6) Development and adoption of local plans and land use
policies that help to implement begin delete regional plans that improve air and
water quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet
the goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health
and Safety Code), encourage sustainable land use, and meet the
requirements of Section 65080 of the Government Code. end delete begin insert a
sustainable communities strategy or alternative planning strategy
adopted pursuant to Section 65080 of the Government Code that
the State Air Resources Board has determined would, if
implemented, achieve the greenhouse gas reduction targets
established by the board, or if a sustainable communities strategy
is not required for a region by law, a regional transportation plan
that includes programs and policies to reduce greenhouse gas
emissions. end insert

(7) Community infrastructure, including public works and
municipal improvements necessary to support transit-oriented
development, affordable housing, infill in existing urbanized areas,
and small walkable communities in rural neighborhoods.

(8) Multiuse facilities and accommodations for bicyclists,
pedestrians, and neighborhood electric vehicles.

(9) Administrative costs and development, and use of evaluation,
monitoring, and verification begin delete systems. end delete begin insert systems, if the administrative
costs for each recipient do not exceed 5 percent of the award. end insert

(e) The council shall review the implementation of this section
on an annual basis and may revise the begin delete criteria and requirements end delete
begin insert guidelines end insert for project selection, evaluation, monitoring, and
verification developed pursuant to paragraphs (1) and (2) of
subdivision (b), as needed, to improve program performance.

(f) Moneys that are allocated for the regional grant programs
pursuant to begin delete the criteria and requirements adopted pursuant to
subdivision (b) end delete begin insert this section end insert shall be allocated to the regional
granting authority in each region on a per capita basis.

75211.  

The council may award financial assistance to a city,
county, city and county, or regional agency for the development
and implementation of agricultural, natural resources, and
open-space land protection begin insert plans end insert that reduce the emissions of
greenhouse gases and that are consistent with and support the
implementation of sustainable communities strategies, alternative
planning strategies, or other regional greenhouse gas emissions
reduction plans.