AB 350: Regional transportation plans: Sacramento Area Council of Governments.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-10
Current Status:
Passed
(2023-10-10: Chaptered by Secretary of State - Chapter 648, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill keeps the Sacramento Area Council of Governments’ November 18, 2019 regional transportation plan, sustainable communities strategy, and environmental impact report in effect until SACOG adopts a new update and requires that update to include a federal RAISE-funded, equity-centered community co-created pilot. It also requires SACOG to publish a public implementation report every two years and, until December 31, 2025, limits projects from the SACOG region nominated for the state Solutions for Congested Corridors Program to ones that also meet eligibility for specified transit, low-carbon transit operations, or active transportation programs (unless federal discretionary funds are already committed).
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025, as specified. The bill would require the SACOG, on or before July 1, 2026, and biennially thereafter, to report on the regional implementation of its most recently adopted sustainable communities strategy in a publicly available format on its internet website, as provided, thereby imposing a state-mandated local program.
Existing law creates the Solutions for Congested Corridors Program to fund projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state, as specified. Existing law authorizes regional transportation planning agencies, county transportation commissions, certain transportation authorities, and the Department of Transportation to nominate projects for funding through the program, as specified.
This bill would, until December 31, 2025, authorize a project located in the region within the jurisdiction of the SACOG to be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more specified programs.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025, as specified. The bill would require the SACOG, on or before July 1, 2026, and biennially thereafter, to report on the regional implementation of its most recently adopted sustainable communities strategy in a publicly available format on its internet website, as provided, thereby imposing a state-mandated local program.
Existing law creates the Solutions for Congested Corridors Program to fund projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state, as specified. Existing law authorizes regional transportation planning agencies, county transportation commissions, certain transportation authorities, and the Department of Transportation to nominate projects for funding through the program, as specified.
This bill would, until December 31, 2025, authorize a project located in the region within the jurisdiction of the SACOG to be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more specified programs.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025. 2025, as specified. The bill would require the SACOG, on or before July 1, 2026, and biennially thereafter, to report on the regional implementation of its most recently adopted sustainable communities strategy in a publicly available format on its internet website, as provided, thereby imposing a state-mandated local program.
Existing law creates the Solutions for Congested Corridors Program to fund projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state, as specified. Existing law authorizes regional transportation planning agencies, county transportation commissions, certain transportation authorities, and the Department of Transportation to nominate projects for funding through the program, as specified.
This bill would, until December 31, 2025, authorize a project located in the region within the jurisdiction of the SACOG to be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more specified programs.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025. The bill would require the SACOG, on or before July 1, 2026, and biennially thereafter, to report on the regional implementation of its most recently adopted sustainable communities strategy in a publicly available format on its internet website, as provided, thereby imposing a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025. The bill would provide that a specified update to the regional transportation plan adopted by the SACOG for purposes of compliance with certain federal laws is not a project for purposes of the California Environmental Quality Act (CEQA), thereby exempting this update from CEQA.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
Existing law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. After adopting a sustainable communities strategy, existing law requires a metropolitan planning organization to submit the strategy to the state board for review to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets. Existing law requires each transportation planning agency to adopt and submit to the California Transportation Commission and the Department of Transportation an updated regional transportation plan every 4 or 5 years, as specified.
This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025. The bill would provide that a specified update to the regional transportation plan adopted by the SACOG for purposes of compliance with certain federal laws is not a project for purposes of the California Environmental Quality Act (CEQA), thereby exempting this update from CEQA.
This bill would make legislative findings and declarations as to the necessity of a special statute for the SACOG.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this act would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
(c)It is also the intent of the Legislature that the Sacramento Area Council of Governments continue to work with the Legislature to revise and update the schedule by which its regional transportation plans and sustainable communities strategies are updated in order to more closely align the timing of those updates with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)The update described in subparagraph (B) shall include all of the following:
(i)Development and pilot implementation of an equity-centered, community cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.
(ii)A description of how the update furthers equity and inclusion through engagement efforts.
(iii)Data and analysis of the updates performance outcomes in disadvantaged communities.
(D)(i)Until December 31, 2025, in addition to the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program established in Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code, a project located in the region within the jurisdiction of the Sacramento Area Council of Governments may be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more of the following programs:
(I)The Transit and Intercity Rail Capital Program established in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(II)The Low Carbon Transit Operations Program established in Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code.
(III)The Active Transportation Program established in Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code.
(ii)This subparagraph does not apply to a project for which federal discretionary funding has been committed.
(E)After the update described in subparagraph (B), the Sacramento Area Council of Governments shall adopt and submit its next update to its regional transportation plan within two years, on or before November 15, 2027, and adopt and submit subsequent updates to its regional transportation plan every four years.
(F)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(G)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.
(H)(i)On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.
(ii)The information reported on its internet website pursuant to clause (i) shall include all of the following:
(I)A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.
(II)A discussion of the comparisons results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.
(III)The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.
(iii)This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this act would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
(c)It is also the intent of the Legislature that the Sacramento Area Council of Governments continue to work with the Legislature to revise and update the schedule by which its regional transportation plans and sustainable communities strategies are updated in order to more closely align the timing of those updates with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)The update described in subparagraph (B) shall include all of the following:
(i)Development and pilot implementation of an equity-centered, community cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.
(ii)A description of how the update furthers equity and inclusion through engagement efforts.
(iii)Data and analysis of the updates performance outcomes in disadvantaged communities.
(D)(i)Until December 31, 2025, in addition to the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program established in Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code, a project located in the region within the jurisdiction of the Sacramento Area Council of Governments may be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more of the following programs:
(I)The Transit and Intercity Rail Capital Program established in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(II)The Low Carbon Transit Operations Program established in Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code.
(III)The Active Transportation Program established in Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code.
(ii)This subparagraph does not apply to a project for which federal discretionary funding has been committed.
(E)After the update described in subparagraph (B), the Sacramento Area Council of Governments shall adopt and submit its next update to its regional transportation plan within two years, on or before November 15, 2027, and adopt and submit subsequent updates to its regional transportation plan every four years.
(F)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(G)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.
(H)(i)On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.
(ii)The information reported on its internet website pursuant to clause (i) shall include all of the following:
(I)A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.
(II)A discussion of the comparisons results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.
(III)The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.
(iii)This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this act would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
(c)It is also the intent of the Legislature that the Sacramento Area Council of Governments continue to work with the Legislature to revise and update the schedule by which its regional transportation plans and sustainable communities strategies are updated in order to more closely align the timing of those updates with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)The update described in subparagraph (B) shall include all of the following:
(i)Development and pilot implementation of an equity-centered, community-cocreated community cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.
(ii)A description of how the update furthers equity and inclusion through engagement efforts.
(iii)Data and analysis of the updates performance outcomes in disadvantaged communities.
(D)(i)Until December 31, 2025, in addition to the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program established in Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code, a project located in the region within the jurisdiction of the Sacramento Area Council of Governments may be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more of the following programs:
(I)The Transit and Intercity Rail Capital Program established in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.
(II)The Low Carbon Transit Operations Program established in Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code.
(III)The Active Transportation Program established in Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code.
(ii)This subparagraph does not apply to a project for which federal discretionary funding has been committed.
(D)(E)After the update described in subparagraph (B), the time period for Sacramento Area Council of Governments updates Governments shall adopt and submit its next update to its regional transportation plan shall be reset within two years, on or before November 15, 2027, and adopt and submit subsequent updates shall be adopted and submitted to its regional transportation plan every four years.
(E)(F)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(F)(G)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.
(G)(H)(i)On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.
(ii)The information reported on its internet website pursuant to clause (i) shall include all of the following:
(I)A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.
(II)A discussion of the comparisons results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.
(III)The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.
(iii)This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this measure act would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)The update described in subparagraph (B) shall include all of the following:
(i)Development and pilot implementation of an equity-centered, community-cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.
(ii)A description of how the update furthers equity and inclusion through engagement efforts.
(iii)Data and analysis of the updates performance outcomes in disadvantaged communities.
(C)(D)After the update described in subparagraph (B), the time period for Sacramento Area Council of Governments updates to its regional transportation plan shall be reset and updates shall be adopted and submitted every four years.
(D)(E)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)(F)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.
(G)(i)On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.
(ii)The information reported on its internet website pursuant to clause (i) shall include all of the following:
(I)A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.
(II)A discussion of the comparisons results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.
(III)The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.
(iii)This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this measure would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)After the update described in subparagraph (B), the time period for Sacramento Area Council of Governments updates to its regional transportation plan shall be reset and updates shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this measure would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single-occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
(iv)Identify a transportation network to service the transportation needs of the region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.
(iii)If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Boards authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)After the update described in subparagraph (B), the time period for Sacramento Area Council of Governments updates to its regional transportation plan shall be reset and updates shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). section.
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(a)The Legislature finds and declares both of the following:
(1)The Sacramento Area Council of Governments requires additional time to update its regional transportation plan and sustainable communities strategy to more closely align the timing of its plan update with those of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments, which will promote better planning processes and more effectively achieve the goals of the regional transportation plan and sustainable communities strategy.
(2)The Sacramento Area Council of Governments received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program to establish a model for equity-centered, community cocreated infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
(b)It is the intent of the Legislature that the additional time that would be granted to the Sacramento Area Council of Governments pursuant to this measure would enable the Sacramento Area Council of Governments work under the RAISE program planning grant to inform its update to its regional transportation plan and sustainable communities strategy, which will exceed the statutory requirements for public outreach and further equity and inclusion in the planning process.
SEC. 2.Section 65080 of the Government Code is amended to read:65080.(a)Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies.
(b)The regional transportation plan shall be an internally consistent document and shall include all of the following:
(1)A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators including, but not limited to, all of the following:
(A)Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.
(B)Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
(C)Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:
(i)Single occupant vehicle.
(ii)Multiple occupant vehicle or carpool.
(iii)Public transit including commuter rail and intercity rail.
(iv)Walking.
(v)Bicycling.
(D)Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).
(E)Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket.
(F)The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.
(2)A sustainable communities strategy prepared by each metropolitan planning organization as follows:
(A)No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
(i)No later than January 31, 2009, the state board State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the state board State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The state board State Air Resources Board shall consider the report before setting the targets.
(ii)Before setting the targets for a region, the state board State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The state board State Air Resources Board shall release draft targets for each region no later than June 30, 2010.
(iii)In establishing these targets, the state board State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gas emissions gases in the affected regions, and prospective measures the state board State Air Resources Board plans to adopt to reduce the emissions of greenhouse gas emissions gases from other greenhouse gas emission sources as that term is defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations promulgated adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
(iv)The state board State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organizations timeframe for updating its regional transportation plan under federal law until 2050. The state board State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The state board State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.
(v)The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the state board. State Air Resources Board.
(B)Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall (i) identify do all of the following:
(i)Identify the general location of uses, residential densities, and building intensities within the region, (ii) identify region.
(ii)Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation and employment growth, (iii) identify growth.
(iii)Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584, (iv) identify 65584.
(iv)Identify a transportation network to service the transportation needs of the region, (v) gather region.
(v)Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01, (vi) consider 65080.01.
(vi)Consider the state housing goals specified in Sections 65580 and 65581, (vii) set 65581.
(vii)Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gas emissions gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the state board, and (viii) allow State Air Resources Board.
(viii)Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
(C)(i)Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B).
(ii)Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B).
(D)In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region.
(E)The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations.
(F)Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following:
(i)Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agencys adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii)Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iii)Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy.
(iv)Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan.
(v)At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region.
(vi)A process for enabling members of the public to provide a single request to receive notices, information, and updates.
(G)In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region.
(H)Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gas emissions gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the state board. State Air Resources Board.
(I)If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gas emissions gases to achieve the greenhouse gas emission reduction targets established by the state board, State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:
(i)Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.
(ii)May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.
(iii)Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets.
(iv)An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the state board. State Air Resources Board.
(v)For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect.
(J)(i)Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the state board State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gas emissions gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state board State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gas emissions, gases and suggested suggesting remedies. The metropolitan planning organization is encouraged to work with the state board State Air Resources Board until the state board State Air Resources Board concludes that the technical methodology operates accurately.
(ii)After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the state board State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gas emission reductions gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organizations determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board. State Air Resources Board. The state board State Air Resources Board shall complete its review within 60 days.
(iii)If the state board State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization must shall obtain state board State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the state board. State Air Resources Board.
(iv)On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the state board State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the state board. State Air Resources Board. The report shall include changes to the emissions of greenhouse gas emissions gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
(K)Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. Nothing in a A sustainable communities strategy shall be interpreted as superseding does not supersede the exercise of the land use authority of cities and counties within the region. Nothing in this This section shall be interpreted to does not limit the state boards State Air Resources Boards authority under any other law. Nothing in this This section shall be interpreted to does not authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this This section shall does not require a citys or countys land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. Nothing in this This section requires does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. Nothing in this This section relieves does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
(L)Nothing in this This section requires does not require projects programmed for funding on or before December 31, 2011, to be subject to the provisions of this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. Nothing in this This section shall does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
(M)A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years, years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election.
(N)Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.
(3)An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region.
(4)(A)A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element.
(B)The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following:
(i)State highway expansion.
(ii)State highway rehabilitation, maintenance, and operations.
(iii)Local road and street expansion.
(iv)Local road and street rehabilitation, maintenance, and operation.
(v)Mass transit, commuter rail, and intercity rail expansion.
(vi)Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.
(vii)Pedestrian and bicycle facilities.
(viii)Environmental enhancements and mitigation.
(ix)Research and planning.
(x)Other categories.
(C)The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities.
(c)Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens.
(d)(1)Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061.
(2)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), inclusive, the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.
(B)The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.
(C)After the update described in subparagraph (B), the time period for San Diego Association of Governments updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(F)In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:
(i)The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).
(ii)The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).
(iii)The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(G)Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local level, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the state board State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(e)This section shall become operative on January 1, 2023.(3)(A)Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.
(B)The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
(C)After the update described in subparagraph (B), the time period for Sacramento Area Council of Governments updates to its regional transportation plan shall be reset and updates shall be adopted and submitted every four years.
(D)Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).
(E)The update to the Sacramento Area Council of Governments regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the Sacramento Area Council of Governments specialized goal of better aligning its regional transportation plan and sustainable communities strategy with those of its interregional partners in the San Joaquin Council of Governments and the Metropolitan Transportation Commission and incorporating within its update to its regional transportation plan and sustainable communities strategy a model for equity-centered, community co-created infrastructure project development that will seek to reinvent how regional transportation projects are prioritized for state and federal investment.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Oct 10, 2023 | Chaptered by Secretary of State - Chapter 648, Statutes of 2023. |
| Oct 10, 2023 | Approved by the Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 14, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 3570.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 6. Page 2760.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Aug 29, 2023 | Read second time. Ordered to third reading. |
| Aug 28, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Aug 22, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 14, 2023 | In committee: Hearing postponed by committee. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 12). Re-referred to Com. on APPR. |
| Jun 28, 2023 | From committee: Do pass and re-refer to Com. on E.Q. with recommendation: To Consent Calendar. (Ayes 16. Noes 0.) (June 27). Re-referred to Com. on E.Q. |
| Jun 14, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on TRANS. |
| May 31, 2023 | Referred to Coms. on TRANS. and E.Q. |
| May 18, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1594.) |
| May 11, 2023 | Read second time. Ordered to Consent Calendar. |
| May 10, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10). |
| Apr 10, 2023 | Re-referred to Com. on APPR. pursuant to Assembly Rule 96. |
| Apr 3, 2023 | Re-referred to Com. on NAT. RES. |
| Mar 30, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 14, 2023 | From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 14. Noes 0.) (March 13). Re-referred to Com. on NAT. RES. |
| Mar 14, 2023 | Coauthors revised. |
| Feb 9, 2023 | Referred to Coms. on TRANS. and NAT. RES. |
| Feb 1, 2023 | From printer. May be heard in committee March 3. |
| Jan 31, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | AB 350 Aguiar-Curry Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Assembly 3rd Reading AB350 Aguiar-Curry et al. By Ashby | Senate Floor |
Passed |
|
| Jul 12, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
|
| Jun 27, 2023 | Do pass, but first be re-referred to the Committee on [Environmental Quality] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation |
Passed |
|
| May 18, 2023 | AB 350 Aguiar-Curry Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 13, 2023 | Do pass and be re-referred to the Committee on [Natural Resources] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| BIA Bay Area | ** Support | |
| California Building Industry Association | ** Support | |
| City of Elk Grove | ** Support | |
| City Of Galt | ** Support | |
| City of Galt, Councilmember Rich Lozano | ** Support | |
| City of Roseville | ** Support | |
| City Of Sacramento | ** Support | |
| city of west sacramento | ** Support | |
| City of Woodland | ** Support | |
| CivicWell | ** Support | |
| County Of Placer | ** Support | |
| county of sacramento | ** Support | |
| County of Yuba | ** Support | |
| Environmental Council of Sacramento | ** Support | |
| Greater Sacramento Economic Council | ** Support | |
| Joey Gonsalves and Sons | * Support | Mar 13, 2023 |
| Metropolitan Transportation Commission | ** Support | |
| North State Building Industry Association | ** Support | |
| Placer County Transportation Planning Agency | ** Support | |
| Politico Group | * Indeterminate | Mar 13, 2023 |
| Sacramento Area Council Of Governments | ** Support | |
| Sacramento Asian Pacific Chamber of Commerce | ** Support | |
| Sacramento Clean Cities Coalition | ** Support | |
| Sacramento Metropolitan Air Quality Management District | ** Support | |
| Sacramento Metropolitan Chamber of Commerce | ** Support | |
| Sacramento Municipal Utility District | ** Support | |
| Sacramento Regional Transit District | ** Support | |
| Sacramento Transportation Authority | ** Support | |
| San Francisco Bay Area Planning and Urban Research Association | ** Support | |
| San Joaquin Council Of Governments | ** Support | |
| San Joaquin Joint Powers Authority | ** Support | |
| San Joaquin Regional Rail Commission | ** Support | |
| Valley Vision, Inc. | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 350
Author:(Aguiar-Curry)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Provides a two-year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its regional transportation plan (RTP), sustainable communities strategy (SCS), and environmental impact report.
Major Provisions
- Require SACOG to adopt and submit its update to the 2020 RTP adopted on November 18, 2019, to the California Transportation Commission (CTC) and the Department of Transportation (Caltrans) on or before December 31, 2025.
- Require SACOG to submit its SCS, after adoption, to the State Air Resources Board (CARB).
- State that the updated RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP.
- Prohibit CARB from updating the greenhouse gas (GHG) emission reduction targets for the SACOG region before SACOG adopts the December 2025 update to its RTP.
Senate Amendments
- Require SACOG's December 31, 2025, RTP update to include information related to implementation of a grant awarded to SACOG through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.
- Until December 31, 2025, authorize a project within the SACOG region to be nominated for funding through the Solutions for Congested Corridors Program only if the project satisfies the eligibility requirements of at least one of the following programs: the Transit and Intercity Rail Capital Program, the Low Carbon Transit Operations Program, or the Active Transportation Program.
- Require SACOG, on or before July 1, 2026, and biennially after, to extensively report on the regional implementation of its most recently adopted SCS, as specified.
- Require SACOG to adopt and submit its next RTP update (after the December 2025 update) on or before November 15, 2027, and adopt and submit subsequent updates to its RTP every four years following.
- State legislative intent that SACOG continue to work with the Legislature to revise and update the schedule by which its RTP/SCS are updated in order to more closely align with the updates of its interregional partners from the Metropolitan Transportation Commission and the San Joaquin Council of Governments.
COMMENTS
In California, regional planning is primarily conducted by 18 Metropolitan MPOs in urban areas and 26 RTPAs in rural areas. One of the key planning documents that both MPOs and RTPAs must prepare is the RTP. The RTP has a long-term horizon of at least 20 years and identifies existing and future transportation needs in the region. It includes rough cost estimates for transportation projects and is fiscally constrained. The RTP must conform with federal air quality requirements in nonattainment or maintenance areas. Federal law requires MPOs/ RTPAs submit an RTP at least every four years.
The Legislature has set a number of goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006. AB 32 (Nuñéz), Chapter 488, Statutes of 2006, and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016, requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030. AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022, establishes the state policy to achieve carbon neutrality no later than 2045.
Nearly 40% of California's GHG emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, oxides of nitrogen (NOx), and sulfur dioxide, affecting local air quality. In the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
The Sustainable Communities and Climate Protection Act, SB 375 (Steinberg), Chapter 728, Statutes of 2008, requires MPOs to develop Sustainable Communities Strategies (SCS), or long-range plans, which align transportation, housing, and land use decisions toward achieving GHG emissions reduction targets set by CARB. As part of the SB 375 process, CARB establishes regional GHG emissions reduction targets for each jurisdiction. MPOs must produce a SCS that 1) identifies the general location of uses, residential densities, and building intensities within the region; 2) identifies areas sufficient to house all the population of the region; 3) identifies areas sufficient to house an eight-year projection of the regional housing need for the region; 4) identifies a transportation network to service the transportation needs of the region; 5) gathers and considers the best practically available scientific information regarding resource areas and farmland in the region; 6) considers the state housing goals; 7) sets forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce GHG emissions from automobiles and light trucks to achieve the GHG emission reduction targets approved by CARB.
In 2018, CARB adopted more aggressive SB 375 targets to support progress towards achieving the 2017 Scoping Plan goals. These targets aim to get SCSs to achieve, in aggregate, a 19% reduction in statewide per capita GHG emissions reductions relative to 2005 by 2035 from passenger vehicles. The figure below shows the updated targets for the "Northern California Megaregion" which includes SACOG, Metropolitan Planning Commission (MTC), and the San Joaquin Council of Governments (SJCOG).
SB 375 Regional Plan Climate Targets, 2018
MPO | Targets through September 30, 2018 | Targets Beginning October 1, 2018 | ||
2020 | 2035 | 2020 | 2035 | |
MTC | -7% | -15% | -10% | -19% |
SACOG | -7% | -16% | -7% | -19% |
SJCOG | -5% | -10% | -12% | -16% |
According to SACOG, this bill's sponsor, this bill is necessary to more closely align its RTP submission date with the RTP due dates of the other members of the Northern California Megaregion.
Current and Proposed Due Dates for RTP/SCS of the Megaregion MPOs
Region (MPO) | Current due date | Due date under this bill |
SACOG | November 2023 | December 31, 2025 |
MTC | October 2025 | October 2025 |
SJCOG | August 2026 | August 2026 |
According to SACOG, this bill would provide additional time to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP. Specifically, SACOG intends to work more with underrepresented communities within the communities it serves. In addition, SACOG received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment.
This bill would maintain compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid unnecessary process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an "RTP" for purposes of the state requirements.
Current law requires CARB to update regional GHG emissions targets every eight years, but allows CARB to update regional targets every four years. CARB's last regional GHG target update was 2018, meaning CARB could update targets anytime between now and 2026. This bill prohibits CARB from updating GHG emissions reduction targets for the region within the SACOG jurisdiction until SACOG adopts the updated RTP. This could delay CARB setting targets for the region. Of potentially greater significance, this provision has impacts beyond the SACOG region. Prior to updating targets, CARB must exchange technical information with Caltrans, MPOs, local governments, and effected air districts, and engage in a consultative process with public and private stakeholders. This process happens concurrently with all regions. Limiting CARB's ability to set a target for the SACOG region could effectively disrupt the entire process for all regions.
In 2019, with the enactment of AB 1730 (Gonzalez), Chapter 634, Statutes of 2019, SANDAG received an extension of the due date of their RTP/SCS to allow for "additional time to plan and be ambitious in reducing GHG emissions, in order to ensure the region is doing the most it can in the best way possible." AB 1730 imposed specific requirements of SANDAG during the time period in which its RTP/SCS was delayed and required SANDAG to only nominate projects for funding through the Solutions for Congested Corridors Program that reduce vehicle miles traveled. AB 1730 also required SANDAG to develop an implementation report of its SCS.
According to the Author
"SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG's next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update."
Arguments in Support
Sacramento Regional Transit writes, "As a leading voice for transit agencies in the Northern California Megaregion, we support efforts like [this bill], which ensure effective interregional planning that supports our increasingly interconnected economy."
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, this bill has minor and absorbable direct costs to CARB and Caltrans.
VOTES:
ASM TRANSPORTATION: 14-0-1
YES: Friedman, Joe Patterson, Berman, Juan Carrillo, Davies, Gipson, Hart, Jackson, Lowenthal, Stephanie Nguyen, Sanchez, Wallis, Ward, Wicks
ABS, ABST OR NV: Kalra
ASM APPROPRIATIONS: 14-0-2
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Mathis
ASSEMBLY FLOOR: 74-0-6
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
ABS, ABST OR NV: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
SENATE FLOOR: 31-6-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Dahle, Grove, Nguyen, Niello, Ochoa Bogh, Seyarto
ABS, ABST OR NV: Caballero, Jones, Wilk
UPDATED
VERSION: September 8, 2023
CONSULTANT: Christine Casey / TRANS. / (916) 319-2093 FN: 0002314
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 350 |
THIRD READING
Bill No: AB 350
Author: Aguiar-Curry (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 6/27/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/12/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/18/23 (Consent) - See last page for vote
SUBJECT: Regional transportation plans: Sacramento Area Council of Governments
SOURCE: Sacramento Area Council of Governments
DIGEST:
This bill provides a two-year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), with certain conditions.
Senate Floor Amendments of 9/8/23 delete the provision to reset the timing of SACOG’s adoption and submittal of its RTP/SCS to every four years after the first two-year extension and instead only allow for the two-year extension; limit the types of transportation projects, as specified, in the SACOG region that can be nominated for funding from the Solution for Congested Corridors Program (SCCP); add a finding; and remove a co-author.
ANALYSIS:
Existing federal law:
- Requires any urbanized area with a population greater than 50,000 to establish a metropolitan planning organization (MPO) that, among other things, is responsible to ensure that regional transportation planning is cohesive across local jurisdictions.
- Requires each MPO to prepare and update a transportation plan, as specified, for its area at least every four years.
Existing state law:
- Establishes the California Air Resources Board (ARB) as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
- Requires ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level, and achieve that same level by 2020 (AB 32), and achieve a 40% reduction from that level by 2030 (SB 32).
- Requires MPOs to prepare and adopt regional plans that, with specifications, achieve a coordinated and balanced regional transportation system.
- Requires, except otherwise provided, a transportation planning agency to adopt and submit, every four years, an updated RTP to the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans).
- Requires, and establishes a process for, ARB to provide MPOs with GHG emissions reductions targets, and update those targets every eight years. Authorizes ARB to revise the targets every four years.
- Requires, as a part of the RTP, a SCS, as specified, to be prepared by each MPO, to identify transportation, housing, and land use measures and policies that will reduce GHG emissions.
- Allows, if the SCS is unable to reduce GHG emissions to achieve the GHG emission reduction targets established by ARB, the MPO to instead prepare an Alternative Planning Strategy (APS) to the SCS showing how those GHG emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional measures or policies.
- Declares that neither an SCS nor APS regulates the use of land, and that nothing in a SCS shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region.
- Establishes various transportation grant programs including, the Solutions for Congested Corridors (SCCP), funded at $250 million annually, for projects that implement specific transportation performance improvements and are part of a comprehensive corridor plan, by providing more transportation choices while preserving the character of local communities and creating opportunities for neighborhood enhancement; the Transit and Intercity Rail Capital (TIRCP) program, which is a competitive program to fund transformative transit capital improvements that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems; the Low Carbon Transit Operations Program (LCTOP), continuously appropriates 5% of greenhouse gas (GHG) reduction fund proceeds to the program for transit operating and capital assistance to reduce GHG emissions and improve mobility; and the Active Transportation Program (ATP), encourages increased use of active modes of transportation, such as walking and biking.
This bill:
- Includes finding and declarations regarding the reasons SACOG requires additional time to update its RTP/SCS, and that SACOG will continue to work with the Legislature to revise and update its long term RTP/SCS schedule.
- Requires SACOG to adopt and submit its update to the 2020 RTP/SCS adopted on November 18, 2019, to the CTC and Caltrans on or before December 31, 2025.
- Requires SACOG to submit its SCS, after adoption, to the ARB.
- Requires SACOG to include in its 2025 RTP/SCS update:
- Development and pilot implementation of an equity-centered, community-cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the SACOG’s implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant program.
- A description of how the update furthers equity and inclusion through engagement efforts.
- Data and analysis of the update’s performance outcomes in disadvantaged communities.
- Requires, after the update in 2025, SACOG to adopt and submit the next update of its RTP/SCS within two years, no later than November 15, 2027; and then adopt and submit subsequent updates every four years.
- States that the update to SACOG’s RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP/SCS under current California law and shall not constitute a project for purposes of the California Environmental Quality Act (CEQA).
- Prohibits the ARB from applying any update to the GHG emission reduction targets for the SACOG region before SACOG adopts the update to its RTP/SCS.
- Limits, until December 31, 2025, the types of projects in the SACOG region that can be nominated for funding from the SCCP to projects that would also satisfy the eligibility requirements for one or more of the following programs: TIRCP, LCTOP, or ATP. Declares that these requirements do not apply to a project for which federal discretionary funding has been committed.
- Requires SACOG, on or before July 1, 2026, and biennially thereafter, to report, on its internet website, on the regional implementation of its most recently adopted RTP/SCS using indicators developed and vetted with stakeholders. Requires the report to include:
- A comparison between the land use and housing development assumptions included in the most recently adopted SCS and housing production activity in the region as measured by the issuance of building permits by local agencies.
- A discussion of the comparison’s results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as specified, including by integrating feedback from housing developers, local governments, and other stakeholders.
- The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted SCS.
- Declares that the required report is not intended, and shall not be construed, to affect the land use authority of local governments, as specified; and does not modify the authority of MPOs with respect to the adoption of a SCS or implementation of the regional housing needs allocation (RHNA) in local housing elements.
- Makes other technical non-substantive changes.
- Declares that no reimbursement is required by this act, as specified, because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district.
Comments
- Purpose of the bill. According to the author, “SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update.”
- Regional Transportation Plans (RTP)s. All of California’s MPOs and RTPAs are required by federal and state law to conduct long range planning to set forth a clearly identified defined vision and goals for transportation in the region and to ensure effective decision making to further the vision and goals. California currently has 18 federally-designated MPOs and 26 state-created RTPAs. The long range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region and communicates the regional vision to the state and federal government. The RTP considers a minimum 20-year horizon and should be integrated with local jurisdiction’s land use plans. MPOs and RTPAs are required to update the RTP every four or five years, depending on a region’s clean air attainment.
- Sustainable Communities Strategies (SCS)s. As a part of the strategy to meet the state’s climate goals and focus on the transportation sector, the Legislature passed and Governor Schwarzenegger signed into law, SB 375 (Steinberg, Chapter 728, Statutes of 2008). SB 375 aligned transportation planning, land use, and housing to reshape development in communities. SB 375 authorized ARB to set GHG emissions reduction targets for each of the state’s 18 MPO regions. The MPOs work with ARB, exchanging technical data, to set the targets, including recommending a target for their region.
MPOs are required to adopt an SCS as part of their RTP to demonstrate how their region will meet the target. The SCS sets forth a vision for growth in the region taking into account its transportation, housing, environmental, and economic needs. The SCS should set a development pattern for the region, which when integrated with the transportation network, will reduce GHG emissions from automobiles and light trucks to achieve the targets. If an MPO, through the development of an SCS, determines they will not be able to reach the target, the MPO may develop an alternative planning strategy (APS) that identifies the principal impediments to meeting the targets. MPOs do not have authority to directly regulate land use. Extensive public outreach for the development and approval of an RTP/SCS is required, with workshops, public hearings and meetings with affected city and county officials. MPOs must also complete an Environmental Impact Report (EIR) for the RTP/SCS, as required by CEQA.
The intent of SB 375 was to empower regions to develop innovative strategies as part of their SCS to meet their target. While there are requirements for information the SCS must contain including identifying areas for future development and housing, information on resources and farmland, and integrating development with the transportation network, it does not currently prescribe any one strategy for achieving the targets.
- Latest ARB targets more aggressive. In 2018, ARB adopted more aggressive SB 375 targets to support progress towards achieving the 2017 Scoping Plan goals. These targets aim to get SCSs to achieve, in aggregate, a 19% reduction in statewide per capita GHG emissions reductions relative to 2005 by 2035 from passenger vehicles. The figure below shows the updated targets for the “Northern California Megaregion” which includes SACOG, Metropolitan Transportation Commission (MTC), and the San Joaquin Council of Governments (SJCOG).
SB 375 Regional Plan Climate Targets, 2018
MPO | Targets through September 30, 2018 | Targets Beginning October 1, 2018 | ||
2020 | 2035 | 2020 | 2035 | |
MTC | -7% | -15% | -10% | -19% |
SACOG | -7% | -16% | -7% | -19% |
SJCOG | -5% | -10% | -12% | -16% |
- AB 350 allows for better Northern California Megaregion coordination in the next plan update. According to SACOG, this bill’s sponsor, AB 350 will facilitate greater interregional collaboration by aligning SACOG’s next RTP/SCS update with those of the other members of the Megaregion, MTC and SJCOG. The Megaregion has been collaborating to advance interregional projects impacting the quality of life, transportation, and commerce throughout Northern California. AB 350 allows SACOG to extend their existing RTP/SCS for roughly two years from an original due date of November 2023 to December 2025. Specifically, the dates for an update of the RTP/SCS are:
Current and Proposed Due Dates for RTP/SCS of the Megaregion MPOs
Region (MPO) | Current due date | Due date under this bill |
SACOG | November 2023 | December 31, 2025 |
MTC | November 2025 | November 2025 |
SJCOG | August 2026 | August 2026 |
- Federal grant leads to more outreach. According to SACOG, the additional time provided by AB 350 would allow it to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP/SCS. Specifically, SACOG intends to work more with underrepresented communities within the communities it serves. In addition, SACOG received a planning grant in August 2022 through the federal RAISE program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment. AB 350 requires SACOG to include a report on the implementation of the RAISE grant in its RTP/SCS, including a description of how the new plan furthers equity and inclusion through engagement efforts.
- Keeping up with federal requirements. This bill essentially freezes SACOG’s November 2019 adopted RTP/SCS for the purposes of state SB 375 law for two years. Additionally, this bill does not allow ARB to apply any new update to GHG emissions targets to SACOG prior to the update. However, AB 350 maintains compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid unnecessary process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an "RTP" for purposes of the state requirements.
- Trying to better understand how it’s going. Recent amendments to AB 350 require SACOG to publish a report on its website starting July 1, 2026, and every two years thereafter, on the implementation of the RTP/SCS. The report will include a comparison of land use and housing development assumptions in the RTP/SCS and housing production activity in the region; and identification of the principal factors that have led to the assumptions being realized or not. The report will also have a status update of the transportation projects in the RTP/SCS, including funding and projected dates of operation.
- Concerns over delaying housing plan timing. In addition to the RTP/SCS, California requires that all local governments (cities and counties) to adequately plan to meet the housing needs of everyone in each community. This process starts with the state determining how much housing, at a variety of affordability levels, is needed for each region in the state, and then MPOs and Councils of Governments (COGs), develop a methodology to allocate that housing need to local governments. California’s local governments then adopt housing plans, called housing elements, as part of their general plan to show how the jurisdiction will meet local housing needs. The California Department of Housing and Community Development (HCD) is responsible for determining the regional housing need allocation (RHNA) for each region’s COG with input from the Department of Finance (DOF). It is critical that local jurisdictions adopt legally compliant housing elements on time in order to meet statewide housing goals and create the environment locally for the successful construction of desperately needed housing at all income levels. Unless communities plan for the production and preservation of affordable housing, new housing will not be built. Adequate zoning, removal of regulatory barriers, protection of existing stock, and targeting of resources are essential to obtaining a sufficient permanent supply of housing affordable to all economic segments of the community.
The timelines for the adoption of the RTP/SCS are set on a specific schedule because the data in the RTP/SCS informs the RHNA and the creation and implementation of the housing element. Therefore, if subsequent SACOG RTP/SCSs are delayed by two years, future RHNA processes and housing element plans and related housing programs will also be delayed, creating confusion for the SACOG region, HCD, and all interested stakeholders with regards to its 7th cycle housing element. Given the significant impact this domino effect would have on housing planning in the region, recent amendments would only allow for a delay for the 2023 RTP/SCS. Should SACOG wish to delay any future RTPs, notably the 2027 RTP/SCS to continue to align with the other Megaregion MPOs, a future Legislature will need to grapple with the impacts on the RHNA process and seventh cycle housing element planning period.
- We’ve done this before with additional strings. In 2019, AB 1730 (Gonzalez, Chapter 634, Statutes of 2019), the San Diego Association of Governments (SANDAG) received an extension of the due date of its RTP/SCS and reset future planning cycles to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” Prior to the requested extension, SANDAG had experienced some financial scandals and gone through a wholesale restructuring of the agency and Board of Directors.
As part of the SANDAG extension, the Legislature added some requirements for SANDAG to follow. Specifically, AB 1730 required SANDAG to develop a report of its SCS that tracks the implementation of its most recently adopted SCS. Additionally, AB 1730 restricted the types of projects SANDAG could nominate for funding from SCCP, a newly created program in SB 1 (Beall, Chapter 5, 2017), the Road Repair and Accountability Act.
Recent amendments to AB 350 would mirror this provision by also restricting projects in the SACOG region that can be nominated for funding from SCCP. Any nominated projects would also have to be eligible for funding from other grant programs, including TIRCP, which funds transit capital projects; LCTOP, which funds transit operations; and the ATP program, which funds active transportation projects such as biking and walking. SCCP, funded at $250 million annually, was created to promote projects that implement specific transportation performance improvements and are part of a comprehensive corridor plan. Additionally, SCCP requires “furtherance of state and federal ambient air standards and GHG emissions reduction standards,” as scoring criteria for project awards.
SB 1 also called for SCCP to require that nominated projects must be included in an approved RTP/SCS. As noted, AB 350 essentially freezes SACOG’s November 2019 adopted RTP/SCS for the purposes of state SB 375 law for two years. It is unclear why restrictions on the types of projects or funding that can be applied for is needed.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 9/8/23)
Sacramento Area Council of Governments (source)
BIA Bay Area
California Building Industry Association
City of Elk Grove
City of Galt
City of Roseville
City of Sacramento
City of West Sacramento
City of Woodland
CivicWell
County of Placer
County of Sacramento
County of Yuba
Environmental Council of Sacramento
Greater Sacramento Economic Council
Metropolitan Transportation Commission
North State Building Industry Association
Placer County Transportation Planning Agency
Sacramento Asian Pacific Chamber of Commerce
Sacramento Clean Cities Coalition
Sacramento Metropolitan Air Quality Management District
Sacramento Metropolitan Chamber of Commerce
Sacramento Municipal Utility District
Sacramento Regional Transit District
Sacramento Transportation Authority
San Francisco Bay Area Planning and Urban Research Association
San Joaquin Council of Governments
San Joaquin Joint Powers Authority
San Joaquin Regional Rail Commission
Valley Vision, Inc.
OPPOSITION: (Verified 9/8/23)
None received
ARGUMENTS IN SUPPORT: Writing in support of this bill, Sacramento Regional Transit District (SacRT) notes, “As a leading voice for transit agencies in the Northern California Megaregion, we support efforts like AB 350, which ensure effective interregional planning that supports our increasingly interconnected economy.
“The Megaregion has already been collaborating to advance interregional projects that will benefit quality of life, transportation, and commerce throughout Northern California, including passenger rail expansions, and freight-related facilities, such as truck scales and electric truck charging infrastructure. By more closely aligning the timing of SACOG’s next sustainable communities’ strategy update with those of the MTC and the SJCOG, AB 350 will facilitate better interregional planning and encourage the development of shared priorities that support continued economic growth.”
ASSEMBLY FLOOR: 74-0, 5/18/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
Prepared by: Melissa White / TRANS. / (916) 651-4121
9/11/23 12:52:44
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 350 |
THIRD READING
Bill No: AB 350
Author: Aguiar-Curry (D), et al.
Amended: 8/22/23 in Senate
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 16-0, 6/27/23
AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Blakespear, Cortese, Dahle, Dodd, Limón, McGuire, Newman, Nguyen, Seyarto, Umberg, Wahab
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 7/12/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/18/23 (Consent) - See last page for vote
SUBJECT: Regional transportation plans: Sacramento Area Council of Governments
SOURCE: Sacramento Area Council of Governments
DIGEST:
This bill provides a two year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
ANALYSIS:
Existing federal law:
- Requires any urbanized area with a population greater than 50,000 to establish a metropolitan planning organization (MPO) that, among other things, is responsible to ensure that regional transportation planning is cohesive across local jurisdictions.
- Requires each MPO to prepare and update a transportation plan, as specified, for its area at least every four years.
Existing state law:
- Establishes the California Air Resources Board (ARB) as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
- Requires ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level, and achieve that same level by 2020 (AB 32), and achieve a 40% reduction from that level by 2030 (SB 32).
- Requires MPOs to prepare and adopt regional plans that, with specifications, achieve a coordinated and balanced regional transportation system.
- Requires, except otherwise provided, a transportation planning agency to adopt and submit, every four years, an updated Regional Transportation Plan (RTP) to the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans).
- Requires, and establishes a process for, ARB to provide MPOs with GHG emissions reductions targets, and update those targets every eight years. Authorizes ARB to revise the targets every four years.
- Requires, as a part of the RTP, a Sustainable Communities Strategy (SCS), as specified, to be prepared by each MPO, to identify transportation, housing, and land use measures and policies that will reduce GHG emissions.
- Allows, if the SCS is unable to reduce GHG emissions to achieve the GHG emission reduction targets established by ARB, the MPO to instead prepare an Alternative Planning Strategy (APS) to the SCS showing how those GHG emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional measures or policies.
- Declares that neither an SCS nor APS regulates the use of land, and that nothing in a SCS shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region.
This bill:
- Requires SACOG to adopt and submit its update to the 2020 RTP/SCS adopted on November 18, 2019, to the CTC and Caltrans on or before December 31, 2025.
- Requires SACOG to submit its SCS, after adoption, to the ARB.
- Requires SACOG to include in its 2025 RTP/SCS update:
- Development and pilot implementation of an equity-centered, community-cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the SACOG’s implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Discretionary Grant program.
- A description of how the update furthers equity and inclusion through engagement efforts.
- Data and analysis of the update’s performance outcomes in disadvantaged communities.
- Resets, after the update, the time period for SACOG’s updates to its RTP/SCS and requires updates to be adopted and submitted every four years.
- States that the update to SACOG’s RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP/SCS under current California law and shall not constitute a project for purposes of the California Environmental Quality Act (CEQA).
- Prohibits the ARB from applying any update to the GHG emission reduction targets for the SACOG region before SACOG adopts the update to its RTP/SCS.
- Requires SACOG, on or before July 1, 2026, and biennially thereafter, to report, on its internet website, on the implementation of its most recently adopted RTP/SCS using indicators developed and vetted with stakeholders. Requires the report to include:
- A comparison between the land use and housing development assumptions included in the most recently adopted SCS and housing production activity in the region as measured by the issuance of building permits by local agencies.
- A discussion of the comparison’s results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as specified, including by integrating feedback from housing developers, local governments, and other stakeholders.
- The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted SCS.
- Declares that the required report is not intended, and shall not be construed, to affect the land use authority of local governments, as specified; and does not modify the authority of MPOs with respect to the adoption of a SCS or implementation of the regional housing needs allocation (RHNA) in local housing elements.
- Makes other technical non-substantive changes.
- Contains finding and declarations regarding the need for the bill.
- Declares that no reimbursement is required by this act, as specified, because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district.
Comments
- Purpose of the bill. According to the author, “SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update.”
- Regional Transportation Plans (RTP)s. All of California’s MPOs and RTPAs are required by federal and state law to conduct long range planning to set forth a clearly identified defined vision and goals for transportation in the region and to ensure effective decision making to further the vision and goals. California currently has 18 federally-designated MPOs and 26 state-created RTPAs. The long range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region and communicates the regional vision to the state and federal government. The RTP considers a minimum 20-year horizon and should be integrated with local jurisdiction’s land use plans. MPOs and RTPAs are required to update the RTP every four or five years, depending on a region’s clean air attainment.
- Sustainable Communities Strategies (SCS)s. As a part of the strategy to meet the state’s climate goals and focus on the transportation sector, the Legislature passed and Governor Schwarzenegger signed into law, SB 375 (Steinberg, Chapter 728, Statutes of 2008). SB 375 aligns transportation planning, land use, and housing to reshape development in communities. SB 375 authorizes ARB to set GHG emissions reduction targets for each of the state’s 18 MPO regions. The MPOs work with ARB, exchanging technical data, to set the targets, including recommending a target for their region.
MPOs are required to adopt an SCS as part of their RTP to demonstrate how their region will meet the target. The SCS sets forth a vision for growth in the region taking into account its transportation, housing, environmental, and economic needs. The SCS should set a development pattern for the region, which when integrated with the transportation network, will reduce GHG emissions from automobiles and light trucks to achieve the targets. If an MPO, through the development of an SCS, determines they will not be able to reach the target, the MPO may develop an alternative planning strategy (APS) that identifies the principal impediments to meeting the targets. MPOs do not have authority to directly regulate land use.
Extensive public outreach for the development and approval of an RTP/SCS is required, with workshops, public hearings and meetings with affected city and county officials. MPOs must also complete an Environmental Impact Report (EIR) for the RTP/SCS, as required by CEQA.
The intent of SB 375 was to empower regions to develop innovative strategies as part of their SCS to meet their target. While there are requirements for information the SCS must contain including identifying areas for future development and housing, information on resources and farmland, and integrating development with the transportation network, it does not currently prescribe any one strategy for achieving the targets.
- Latest ARB targets more aggressive. In 2018, ARB adopted more aggressive SB 375 targets to support progress towards achieving the 2017 Scoping Plan goals. These targets aim to get SCSs to achieve, in aggregate, a 19% reduction in statewide per capita GHG emissions reductions relative to 2005 by 2035 from passenger vehicles. The figure below shows the updated targets for the “Northern California Megaregion” which includes SACOG, Metropolitan Transportation Commission (MTC), and the San Joaquin Council of Governments (SJCOG).
SB 375 Regional Plan Climate Targets, 2018
MPO | Targets through September 30, 2018 | Targets Beginning October 1, 2018 | ||
2020 | 2035 | 2020 | 2035 | |
MTC | -7% | -15% | -10% | -19% |
SACOG | -7% | -16% | -7% | -19% |
SJCOG | -5% | -10% | -12% | -16% |
- AB 350 allows for better Northern California Megaregion coordination. According to SACOG, the bill’s sponsor, AB 350 will facilitate greater interregional collaboration by aligning SACOG’s next SCS update with those of the other members of the Megaregion, MTC and SJCOG. As noted by the author, the Northern California Megaregion includes 16 counties and 136 cities with a total population of nearly 11 million. The Megaregion has been collaborating to advance interregional projects impacting the quality of life, transportation, and commerce throughout Northern California.
AB 350 would allow SACOG to extend their existing RTP/SCS for roughly two years from an original due date of November 2023 to December 2025. Specifically, the dates for an update of the RTP/SCS are:
Current and Proposed Due Dates for RTP/SCS of the Megaregion MPOs
Region (MPO) | Current due date | Due date under this bill |
SACOG | November 2023 | December 31, 2025 |
MTC | November 2025 | November 2025 |
SJCOG | August 2026 | August 2026 |
- Federal grant leads to more outreach. According to SACOG, the additional time provided by AB 350 would allow it to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP/SCS. Specifically, SACOG intends to work more with underrepresented communities within the communities it serves. In addition, SACOG received a planning grant in August 2022 through the federal RAISE program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment. AB 350 requires SACOG to include a report on the implementation of the RAISE grant in its RTP/SCS, including a description of how the new plan furthers equity and inclusion through engagement efforts.
- Keeping up with federal requirements. The bill would essentially freeze SACOG’s November 2019 adopted RTP/SCS for the purposes of state SB 375 law for two years. Additionally, the bill does not allow ARB to apply any new update to GHG emissions targets to SACOG prior to the update.
However, AB 350 would maintain compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid unnecessary process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an "RTP" for purposes of the state requirements.
- Trying to better understand how it’s going. Recent amendments to AB 350 require SACOG to publish a report on its website starting July 1, 2026, and every two years thereafter, on the implementation of the RTP/SCS. The report will include a comparison of land use and housing development assumptions in the RTP/SCS and housing production activity in the region; and identification of the principal factors that have led to the assumptions being realized or not. The report will also have a status update of the transportation projects in the RTP/SCS, including funding and projected dates of operation.
- We’ve done this before. In 2019, AB 1730 (Gonzalez, Chapter 634, Statutes of 2019), the San Diego Association of Governments (SANDAG) received an extension of the due date of its RTP/SCS to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” Prior to the requested extension, SANDAG had experienced some financial scandals and gone through a wholesale restructuring of the agency and Board of Directors.
As part of the SANDAG extension, the Legislature added some requirements for SANDAG to follow. Specifically, AB 1730 required SANDAG to develop a report of its SCS that tracks the implementation of its most recently adopted SCS. Additionally, AB 1730 restricted the types of projects SANDAG could nominate for funding from the Solutions for Congested Corridors Program, a newly created program in SB 1 (Beall, Chapter 5, 2017), the Road Repair and Accountability Act.
Related/Prior Legislation
AB 1335 (Zbur, 2023) makes changes to the housing projections included in RTP/SCSs and adds additional reporting requirements for local governments. AB 1335 is a 2-year bill in the Senate Appropriations Committee.
AB 1730 (Gonzalez, Chapter 634, Statutes of 2019) amended the timing and process for delivery of SANDAG’s RTP/SCS.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/25/23)
Sacramento Area Council of Governments (source)
BIA Bay Area
California Building Industry Association
City of Elk Grove
City of Galt
City of Roseville
City of Sacramento
City of West Sacramento
City of Woodland
CivicWell
County of Placer
County of Sacramento
County of Yuba
Environmental Council of Sacramento
Greater Sacramento Economic Council
Metropolitan Transportation Commission
North State Building Industry Association
Placer County Transportation Planning Agency
Sacramento Asian Pacific Chamber of Commerce
Sacramento Clean Cities Coalition
Sacramento Metropolitan Air Quality Management District
Sacramento Metropolitan Chamber of Commerce
Sacramento Municipal Utility District
Sacramento Regional Transit District
Sacramento Transportation Authority
San Francisco Bay Area Planning and Urban Research Association
San Joaquin Council of Governments
San Joaquin Joint Powers Authority
San Joaquin Regional Rail Commission
Valley Vision, Inc.
OPPOSITION: (Verified 8/25/23)
None received
ARGUMENTS IN SUPPORT: Writing in support of the bill, Sacramento Regional Transit District (SacRT) notes, “As a leading voice for transit agencies in the Northern California Megaregion, we support efforts like AB 350, which ensure effective interregional planning that supports our increasingly interconnected economy.
“The Megaregion has already been collaborating to advance interregional projects that will benefit quality of life, transportation, and commerce throughout Northern California, including passenger rail expansions, and freight-related facilities, such as truck scales and electric truck charging infrastructure. By more closely aligning the timing of SACOG’s next sustainable communities’ strategy update with those of the MTC and the SJCOG, AB 350 will facilitate better interregional planning and encourage the development of shared priorities that support continued economic growth.”
ASSEMBLY FLOOR: 74-0, 5/18/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Cervantes, Vince Fong, Friedman, Villapudua, Waldron, Wilson
Prepared by: Melissa White / TRANS. / (916) 651-4121
8/31/23 10:47:03
**** END ****
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No. | AB 350 | Hearing Date: | 7/12/2023 |
Author: | Aguiar-Curry | ||
Version: | 6/14/2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Eric Walters | ||
SUBJECT: Regional transportation plans: Sacramento Area Council of Governments
DIGEST: This bill provides a two-year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
ANALYSIS:
Existing federal law:
- Requires any urbanized area with a population greater than 50,000 to establish a metropolitan planning organization (MPO) that, among other things, is responsible to ensure that regional transportation planning is cohesive across local jurisdictions.
- Requires each MPO to prepare and update a transportation plan, as specified, for its area at least every four years.
Existing state law:
- Establishes the California Air Resources Board (CARB) as the air pollution control agency in California and requires CARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
- Requires ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level, and achieve that same level by 2020 (AB 32), and achieve a 40% reduction from that level by 2030 (SB 32).
- Requires MPOs to prepare and adopt regional plans that, with specifications, achieve a coordinated and balanced regional transportation system.
- Except otherwise provided, requires a transportation planning agency to adopt and submit, every four years, an updated Regional Transportation Plan (RTP) to the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans).
- Requires, and establishes a process for, CARB to provide MPOs with GHG emissions reductions targets, and update those targets every eight years. Authorizes ARB to revise the targets every four years.
- Requires, as a part of the RTP, a Sustainable Communities Strategy (SCS), as specified, to be prepared by each MPO, to identify transportation, housing, and land use measures and policies that will reduce GHG emissions.
- Allows, if the SCS is unable to reduce GHG emissions to achieve the GHG emission reduction targets established by CARB, the MPO to instead prepare an Alternative Planning Strategy (APS) to the SCS showing how those GHG emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional measures or policies.
- Declares that neither an SCS nor APS regulates the use of land, and that nothing in a SCS shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region.
This bill:
- Requires SACOG to adopt and submit its update to the 2020 RTP/SCS adopted on November 18, 2019, to the CTC and Caltrans on or before December 31, 2025.
- Requires SACOG to submit its SCS, after adoption, to the CARB.
- After the update, resets the time period for SACOG’s updates to its RTP/SCS and requires updates to be adopted and submitted every four years.
- States that the update to SACOG’s RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP/SCS under current California law and shall not constitute a project for purposes of the California Environmental Quality Act (CEQA).
- Prohibits the CARB from applying any update to the GHG emission reduction targets for the SACOG region before SACOG adopts the update to its RTP/SCS.
- Makes other technical non-substantive changes.
- Contains finding and declarations regarding the need for the bill.
Background
- Regional Transportation Plans (RTP)s. All of California’s MPOs and RTPAs are required by federal and state law to conduct long range planning to set forth a clearly identified defined vision and goals for transportation in the region and to ensure effective decision making to further the vision and goals. California currently has 18 federally-designated MPOs and 26 state-created RTPAs. The long range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region and communicates the regional vision to the state and federal government. The RTP considers a minimum 20-year horizon and should be integrated with local jurisdiction’s land use plans. MPOs and RTPAs are required to update the RTP every four or five years, depending on a region’s clean air attainment.
The RTP should represent a coordinated and balanced regional transportation system including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement and aviation. The CTC develops guidelines that govern the content and requirements for the RTP so that it conforms with both federal and state law. The most recent RTP Guidelines (2017) include updates such as following state climate change mitigation/adaptation guidance, considering environmental justice issues, and updating travel demand models. RTPs are financially constrained policy guidance frameworks. The CTC is currently working on an update to the RTP guidelines.
- Sustainable Communities Strategies (SCSs). As a part of the strategy to meet the state’s climate goals and focus on the transportation sector, the Legislature passed and Governor Schwarzenegger signed into law, SB 375 (Steinberg, Chapter 728, Statutes of 2008). SB 375 aligns transportation planning, land use and housing to reshape development in communities. SB 375 authorizes ARB to set GHG emissions reduction targets for each of the state’s 18 MPO regions. The MPOs work with CARB, exchanging technical data, to set the targets, including recommending a target for their region.
MPOs are required to adopt an SCS as part of their RTP to demonstrate how their region will meet the target. The SCS sets forth a vision for growth in the region taking into account its transportation, housing, environmental, and economic needs. The SCS should set a development pattern for the region, which when integrated with the transportation network, will reduce GHG emissions from automobiles and light trucks to achieve the targets. If an MPO, through the development of an SCS, determines they will not be able to reach the target, the MPO may develop an alternative planning strategy (APS) that identifies the principal impediments to meeting the targets. MPOs do not have authority to directly regulate land use.
Extensive public outreach for the development and approval of an RTP/SCS is required, with workshops, public hearings and meetings with affected city and county officials. MPOs must also complete an Environmental Impact Report (EIR) for the RTP/SCS, as required by CEQA.
The intent of SB 375 was to empower regions to develop innovative strategies as part of their SCS to meet their target. While there are requirements for information the SCS must contain including identifying areas for future development and housing, information on resources and farmland, and integrating development with the transportation network, it does not currently prescribe any one strategy for achieving the targets.
AB 350 would allow SACOG to extend their existing RTP/SCS for roughly two years from an original due date of November 2023 to December 2025.
Comments
- Purpose of Bill. According to the author, “The Sacramento Area Council of Governments (SACOG), the Metropolitan Transportation Commission, and San Joaquin Council of Governments comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop a Sustainable Communities Strategy (SCS), but each entity has different deadlines. AB 350 will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's Rebuilding American Infrastructure with Sustainability and Equity (RAISE) planning grant work to inform the SCS update.”
- Not the first SCS delay. By law, SCS plans must be updated every four years. In 2019, AB 1730 (Gonzalez, Chapter 634, Statutes of 2019), the San Diego Association of Governments (SANDAG) received an extension of the due date of its RTP/SCS to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” Prior to the requested extension, SANDAG had experienced some financial scandals and gone through a wholesale restructuring of the agency and Board of Directors.
As part of the SANDAG extension, the Legislature added some requirements for SANDAG to follow. Specifically, AB 1730 required SANDAG to develop an implementation report of its SCS that tracks the implementation of its most recently adopted SCS. Additionally, AB 1730 restricted the types of projects SANDAG could nominate for funding from the Solutions for Congested Corridors Program, a newly created program in SB 1 (Beall, Chapter 5, 2017), the Road Repair and Accountability Act.
It is the understanding of committee staff that the author’s office, sponsor, and ARB are continuing productive dialogue about additional requirements to add to AB 350 to ensure the two-year delay is not given freely without some tangible benefits to the communities and state alike. - What do we lose by delaying? Benjamin Franklin once said, “If you fail to plan, you are planning to fail.” The Legislature has heeded this advice, and there is no shortage of great plans for California, including how to meet the state’s climate goals, achieve regional GHG reductions, and decarbonize different economic sectors. Where the problem seems to lie now is not in failing to plan, but in failing to implement.
On the topic of SB 375 and SCSs specifically, the challenge has not been a lack of ambition. At the 2018 CARB Board Meeting where the updated SCS targets were decided by CARB, ambition was increased across the board. Each region was assigned a target--ranging from a three to fifteen percent reduction in per capita passenger vehicle GHG emissions relative to 2005 by 2020--with the amount increasing by 2035. Smaller regions generally had smaller targets, and no region was assigned a target over nineteen percent for 2035.
The update voted on at the meeting was, according to staff, a “paradigm shift” in how the CARB approaches tracking and evaluating the effectiveness of SCSs. Then-Chair Mary Nichols said the update “brings greater focus to tracking and monitoring policies and investments at the regional level.” However, the meeting also included a robust discussion of SANDAG’s targets, in particular whether they should be increased further. As part of that discussion about what specific number the GHG target should be set at, Then-Chair Nichols remarked, “we've heard enough to know these numbers are largely symbolic.”
So, will a two-year delay for SACOG’s specific RTP/SCS jeopardize the state’s ability to achieve its climate goals? It seems unlikely. On the other hand, per the author and sponsor’s description of what additional work the two-year delay will entail, it seems real, meaningful work could better be done with this delay. - What do we gain by delaying? Fortunately, AB 350 represents a commitment to two important pieces of developing a successful, integrated regional transportation and land-use plan: megaregional coordination and an improved focus on equity.
SACOG, MTC and SJCOG comprise the Northern California Megaregion, which includes 16 counties and 136 cities with a total population of nearly 11 million. The regions have been collaborating to advance interregional projects that will benefit quality of life, transportation, and commerce throughout Northern California, including passenger rail expansions, and freight-related facilities, such as truck scales and electric truck charging infrastructure. The author states that an overarching goal of this bill is to facilitate greater interregional collaboration by aligning SACOG’s next SCS update with those of the Bay Area’s Metropolitan Transportation Commission (MTC) (November 2025) and the Valley’s San Joaquin Council of Governments (SJCOG) (August 2026) and ensure that future SCS updates will better align with its Megaregion partners.
On the equity side, SACOG received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program to establish a model for equity-centered, community co-created infrastructure project development that will reinvent how regional transportation projects are prioritized for state and federal investment. SACOG and partner Civic Thread, a trusted, local grassroots empowerment group and healthy community design expert, will integrate locally-identified mobility zones—areas for clean, shared, and active mode mobility solutions—into the Blueprint plan. Work on this project will be actively underway beginning in 2023, but due to the timing of the grant award, the results will not be available for inclusion in the SCS under the current timeline.
SACOG also recently created a new funding program, Engage, Empower, Impliment (EEI), to fund transportation projects that promote racially and socially equitable outcomes for Black, Indigenous, Asian, Pacific Islander, Hispanic/Latinx, other people of color, and low-income communities and the SACOG Board allocated $3 million dollars for this program. EEI will use a community-based planning process for the Sacramento region that will start by engaging with communities to understand their transportation priorities and will then lead to the development and design of projects developed by, with, and for the communities they will benefit. Through this community-based engagement, SACOG will create a pipeline of equitable, safe, and sustainable transportation projects throughout the Sacramento region that are community led, starting from the identification of priorities, solution ideation, and project design. A call for projects is expected in summer 2023.
Taken together, these improvements seem to justify the two-year delay. However, it should be noted that these two elements are currently only included in the findings and declarations of the bill. It is the understanding of committee staff that mutually agreeable statutory language to hold SACOG to a higher standard of accountability and transparency as they pursue these goals is in the works. The committee may wish to consider supporting this measure and remain engaged when such language is included.
Related/Prior Legislation
AB 1730 (Gonzalez, Chapter 634, Statutes of 2019) amended the timing and process for delivery of SANDAG’s RTP/SCS.
SOURCE:
Sacramento Area Council of Governments
SUPPORT:
Bia Bay Area
City of Sacramento
Civicwell (formally the Local Government Commission)
Elk Grove; City of
Environmental Council of Sacramento (ECOS)
Metropolitan Transportation Commission
North State Building Industry Association
Placer County Transportation Planning Agency
Roseville; City of
Sacramento Area Council of Governments
Sacramento Regional Transit District
Valley Vision, INC.
West Sacramento; City of
OPPOSITION:
None received
-- END --
SENATE COMMITTEE ON TRANSPORTATION
Senator Lena Gonzalez, Chair
2023 - 2024 Regular
Bill No: AB 350 Hearing Date: 6/27/2023
Author: | Aguiar-Curry | ||
Version: | 6/14/2023 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Melissa White | ||
SUBJECT: Regional transportation plans: Sacramento Area Council of Governments
DIGEST: This bill provides a two year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
ANALYSIS:
Existing federal law:
- Requires any urbanized area with a population greater than 50,000 to establish a metropolitan planning organization (MPO) that, among other things, is responsible to ensure that regional transportation planning is cohesive across local jurisdictions.
- Requires each MPO to prepare and update a transportation plan, as specified, for its area at least every four years.
Existing state law:
- Establishes the California Air Resources Board (ARB) as the air pollution control agency in California and requires ARB, among other things, to control emissions from a wide array of mobile sources and coordinate, encourage, and review the efforts of all levels of government as they affect air quality.
- Requires ARB to determine the 1990 statewide greenhouse gas (GHG) emissions level, and achieve that same level by 2020 (AB 32), and achieve a 40% reduction from that level by 2030 (SB 32).
- Requires MPOs to prepare and adopt regional plans that, with specifications, achieve a coordinated and balanced regional transportation system.
- Except otherwise provided, requires a transportation planning agency to adopt and submit, every four years, an updated Regional Transportation Plan (RTP) to the California Transportation Commission (CTC) and the California Department of Transportation (Caltrans).
- Requires, and establishes a process for, ARB to provide MPOs with GHG emissions reductions targets, and update those targets every eight years. Authorizes ARB to revise the targets every four years.
- Requires, as a part of the RTP, a Sustainable Communities Strategy (SCS), as specified, to be prepared by each MPO, to identify transportation, housing, and land use measures and policies that will reduce GHG emissions.
- Allows, if the SCS is unable to reduce GHG emissions to achieve the GHG emission reduction targets established by ARB, the MPO to instead prepare an Alternative Planning Strategy (APS) to the SCS showing how those GHG emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional measures or policies.
- Declares that neither an SCS nor APS regulates the use of land, and that nothing in a SCS shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region.
This bill:
- Requires SACOG to adopt and submit its update to the 2020 RTP/SCS adopted on November 18, 2019, to the CTC and Caltrans on or before December 31, 2025.
- Requires SACOG to submit its SCS, after adoption, to the ARB.
- After the update, resets the time period for SACOG’s updates to its RTP/SCS and requires updates to be adopted and submitted every four years.
- States that the update to SACOG’s RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP/SCS under current California law and shall not constitute a project for purposes of the California Environmental Quality Act (CEQA).
- Prohibits the ARB from applying any update to the GHG emission reduction targets for the SACOG region before SACOG adopts the update to its RTP/SCS.
- Makes other technical non-substantive changes.
- Contains finding and declarations regarding the need for the bill.
COMMENTS:
- Purpose of the bill. According to the author, “SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update.”
- Regional Transportation Plans (RTP)s. All of California’s MPOs and RTPAs are required by federal and state law to conduct long range planning to set forth a clearly identified defined vision and goals for transportation in the region and to ensure effective decision making to further the vision and goals. California currently has 18 federally-designated MPOs and 26 state-created RTPAs. The long range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region and communicates the regional vision to the state and federal government. The RTP considers a minimum 20-year horizon and should be integrated with local jurisdiction’s land use plans. MPOs and RTPAs are required to update the RTP every four or five years, depending on a region’s clean air attainment.
The RTP should represent a coordinated and balanced regional transportation system including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement and aviation. The CTC develops guidelines that govern the content and requirements for the RTP so that it conforms with both federal and state law. The most recent RTP Guidelines (2017) include updates such as following state climate change mitigation/adaptation guidance, considering environmental justice issues, and updating travel demand models. RTPs are financially constrained policy guidance frameworks. The CTC is currently working on an update to the RTP guidelines.
- Sustainable Communities Strategies (SCS)s. As a part of the strategy to meet the state’s climate goals and focus on the transportation sector, the Legislature passed and Governor Schwarzenegger signed into law, SB 375 (Steinberg, Chapter 728, Statutes of 2008). SB 375 aligns transportation planning, land use and housing to reshape development in communities. SB 375 authorizes ARB to set GHG emissions reduction targets for each of the state’s 18 MPO regions. The MPOs work with ARB, exchanging technical data, to set the targets, including recommending a target for their region.
MPOs are required to adopt an SCS as part of their RTP to demonstrate how their region will meet the target. The SCS sets forth a vision for growth in the region taking into account its transportation, housing, environmental, and economic needs. The SCS should set a development pattern for the region, which when integrated with the transportation network, will reduce GHG emissions from automobiles and light trucks to achieve the targets. If an MPO, through the development of an SCS, determines they will not be able to reach the target, the MPO may develop an alternative planning strategy (APS) that identifies the principal impediments to meeting the targets. MPOs do not have authority to directly regulate land use.
Extensive public outreach for the development and approval of an RTP/SCS is required, with workshops, public hearings and meetings with affected city and county officials. MPOs must also complete an Environmental Impact Report (EIR) for the RTP/SCS, as required by CEQA.
The intent of SB 375 was to empower regions to develop innovative strategies as part of their SCS to meet their target. While there are requirements for information the SCS must contain including identifying areas for future development and housing, information on resources and farmland, and integrating development with the transportation network, it does not currently prescribe any one strategy for achieving the targets.
- Latest ARB targets more aggressive. In 2018, ARB adopted more aggressive SB 375 targets to support progress towards achieving the 2017 Scoping Plan goals. These targets aim to get SCSs to achieve, in aggregate, a 19% reduction in statewide per capita GHG emissions reductions relative to 2005 by 2035 from passenger vehicles. The figure below shows the updated targets for the “Northern California Megaregion” which includes SACOG, Metropolitan Transportation Commission (MTC), and the San Joaquin Council of Governments (SJCOG).
SB 375 Regional Plan Climate Targets, 2018
MPO | Targets through September 30, 2018 | Targets Beginning October 1, 2018 | ||
2020 | 2035 | 2020 | 2035 | |
MTC | -7% | -15% | -10% | -19% |
SACOG | -7% | -16% | -7% | -19% |
SJCOG | -5% | -10% | -12% | -16% |
- AB 350 allows for better Northern California Megaregion coordination. According to SACOG, the bill’s sponsor, AB 350 will facilitate greater interregional collaboration by aligning SACOG’s next SCS update with those of the other members of the Megaregion, MTC and SJCOG. As noted by the author, the Northern California Megaregion includes 16 counties and 136 cities with a total population of nearly 11 million. The Megaregion has been collaborating to advance interregional projects impacting the quality of life, transportation, and commerce throughout Northern California.
AB 350 would allow SACOG to extend their existing RTP/SCS for roughly two years from an original due date of November 2023 to December 2025. Specifically, the dates for an update of the RTP/SCS are:
Current and Proposed Due Dates for RTP/SCS of the Megaregion MPOs
Region (MPO) | Current due date | Due date under this bill |
SACOG | November 2023 | December 31, 2025 |
MTC | November 2025 | November 2025 |
SJCOG | August 2026 | August 2026 |
- Federal grant leads to more outreach. According to SACOG, the additional time provided by AB 350 would allow it to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP/SCS. Specifically, SACOG intends to work more with underrepresented communities within the communities it serves. In addition, SACOG received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment.
- Keeping up with federal requirements. The bill would essentially freeze SACOG’s November 2019 adopted RTP/SCS for the purposes of state SB 375 law for two years. Additionally, the bill does not allow ARB to apply any new update to GHG emissions targets to SACOG prior to the update.
However, AB 350 would maintain compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid unnecessary process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an "RTP" for purposes of the state requirements.
- We’ve done this before. In 2019, AB 1730 (Gonzalez, Chapter 634, Statutes of 2019), the San Diego Association of Governments (SANDAG) received an extension of the due date of its RTP/SCS to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” Prior to the requested extension, SANDAG had experienced some financial scandals and gone through a wholesale restructuring of the agency and Board of Directors.
As part of the SANDAG extension, the Legislature added some requirements for SANDAG to follow. Specifically, AB 1730 required SANDAG to develop an implementation report of its SCS that tracks the implementation of its most recently adopted SCS. Additionally, AB 1730 restricted the types of projects SANDAG could nominate for funding from the Solutions for Congested Corridors Program, a newly created program in SB 1 (Beall, Chapter 5, 2017), the Road Repair and Accountability Act.
Writing in support of the bill, Sacramento Regional Transit District (SacRT) notes, “As a leading voice for transit agencies in the Northern California Megaregion, we support efforts like AB 350, which ensure effective interregional planning that supports our increasingly interconnected economy.
“The Megaregion has already been collaborating to advance interregional projects that will benefit quality of life, transportation, and commerce throughout Northern California, including passenger rail expansions, and freight-related facilities, such as truck scales and electric truck charging infrastructure. By more closely aligning the timing of SACOG’s next sustainable communities’ strategy update with those of the MTC and the SJCOG, AB 350 will facilitate better interregional planning and encourage the development of shared priorities that support continued economic growth.”
- Double referral. This bill is double referred to the Senate Environmental Quality Committee.
Related/PREVIOUS Legislation:
AB 1730 (Gonzalez, Chapter 634, Statutes of 2019) -- amended the timing and process for delivery of SANDAG’s RTP/SCS.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
Wednesday, June 21, 2023.)
SUPPORT:
Sacramento Area Council of Governments (sponsor)
BIA Bay Area
City of Elk Grove
City of Galt
City of Roseville
City of Sacramento
City of West Sacramento
City of Woodland
Civicwell (formally the Local Government Commission)
County of Placer
County of Yuba-clerk of The Board of Supervisors
Environmental Council of Sacramento (ECOS)
Greater Sacramento Economic Council
Metropolitan Transportation Commission
North State Building Industry Association
Placer County Transportation Planning Agency
Sacramento Asian Pacific Chamber of Commerce
Sacramento Clean Cities Coalition
Sacramento County
Sacramento Metropolitan Air Quality Management District
Sacramento Metropolitan Chamber of Commerce
Sacramento Municipal Utility District
Sacramento Regional Transit District
Sacramento Transportation Authority
San Francisco Bay Area Planning and Urban Research Association (SPUR)
San Joaquin Council of Governments
San Joaquin Joint Powers Authority
San Joaquin Regional Rail Commission
Valley Vision, INC.
OPPOSITION:
None received
-- END --
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 350
Author:(Aguiar-Curry) – As Amended Ver:March 30, 2023
Policy Committee: | Transportation | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the regional transportation plan (RTP), sustainable communities strategy (SCS), and environmental impact report (EIR) adopted by the Sacramento Area Council of Governments (SACOG) in 2019 to remain in effect until SACOG adopts its next update to its RTP, which this bill requires it to do by December 31, 2025.
Specifically, this bill, among other things:
- Requires SACOG, by December 31, 2025, to adopt and submit its update to its 2020 RTP adopted on November 18, 2019, to the California Transportation Commission (CTC) and the Department of Transportation (Caltrans), and, after adoption, requires SACOG to submit its SCS to the Air Resources Board (ARB).
- After the extension in 1), resets the time period for SACOG’s updates to its RTP and requires updates to be adopted and submitted every four years.
- States that the update to the RTP that SACOG will prepare and submit to federal agencies for purposes of compliance with federal laws applicable to RTPs and air quality conformity due in November 2023 shall not be considered an RTP under California law.
- Prohibits ARB from updating the greenhouse gas (GHG) emission reduction targets for the SACOG region before SACOG adopts the update to its RTP.
FISCAL EFFECT:
Minor and absorbable direct costs to ARB and Caltrans.
COMMENTS:
1) Purpose. According to the author:
SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update.
2) Background. In California, regional planning is primarily conducted by 18 metropolitan planning organizations (MPOs) in urban areas and 26 regional transportation planning agencies (RTPAs) in rural areas. One of the key planning documents that both MPOs and RTPAs must prepare is the RTP. The RTP has a long-term horizon of at least 20 years and identifies existing and future transportation needs in the region. The RTP must also conform to federal air quality requirements in nonattainment or maintenance areas. Federal law requires MPOs and RTPAs to submit an RTP at least every four years.
The Sustainable Communities and Climate Protection Act, SB 375 (Steinberg), Chapter 728, Statutes of 2008, adds a new element to regional planning and requires MPOs to develop SCSs, or long-range plans, which align transportation, housing, and land use decisions toward achieving greenhouse gas (GHG) emission reduction targets set by ARB. As part of the SB 375 process, ARB establishes regional GHG emission reduction targets for each jurisdiction.
According to SACOG, the bill’s sponsor, this bill is necessary to more closely align its RTP submission date with the RTP due dates of the other members of the Northern California Megaregion whose goals are to advance interregional projects impacting the quality of life, transportation, and commerce throughout Northern California. According to SACOG, this bill would also provide additional time to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP. Specifically, SACOG intends to work more closely with underrepresented communities within the communities it serves. SACOG received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment.
This bill would maintain compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an RTP for purposes of state requirements.
Current law requires ARB to update regional GHG emission targets every eight years, but allows ARB to update regional targets every four years. ARB’s last regional GHG target update was in 2018, meaning ARB could update targets anytime between now and 2026. This bill prohibits ARB from updating GHG emissions reduction targets for the region within the SACOG jurisdiction until SACOG adopts the updated RTP. According to the Assembly Transportation Committee analysis of this bill, this could delay ARB from setting targets for the region. Of potentially greater significance, this provision has impacts beyond the SACOG region. Prior to updating targets, ARB must exchange technical information with Caltrans, MPOs, local governments, and affected air districts, and engage in a consultative process with public and private stakeholders. This process happens concurrently with all regions. Limiting ARB’s ability to set a target for the SACOG region could potentially disrupt the entire process for all regions.
In 2019, with the enactment of AB 1730 (Gonzalez), Chapter 634, Statutes of 2019, the San Diego Association of Governments (SANDAG) received an extension of the due date for its RTP and SCS to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” The Assembly Transportation Committee analysis of this bill notes that, by this reasoning, every region could benefit from having more time for planning. This raises the question for the Legislature of whether it should require a higher standard and a demonstrated urgent need and anticipated benefits before it grants MPOs extensions, particularly because extensions come at the potential cost of nearer term goals not being established and met.
AB 1730, as a condition of granting the above mentioned extension, imposed specific requirements on SANDAG during the time period in which its RTP and SCS were delayed. For example, AB 1730 required SANDAG to only nominate projects for funding that reduce vehicle miles traveled as well as to develop an implementation report of its SCS. This bill does not include similar requirements for SACOG.
Finally, Caltrans notes that a two-year delay in the submission of SACOG’s RTP and SCS could lead to a lapse in federal air quality conformity, which could delay Caltrans projects in the region or result in projects needing revisions to their scope or design, which could result in additional project costs. Any delays could potentially implicate state and federal funds, but these impacts would depend on the type of project and its funding source.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: March 13, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 350 (
Author:Aguiar-Curry) – As Introduced Ver:January 31, 2023
SUBJECT: Regional transportation plans: Sacramento Area Council of Governments
SUMMARY: Provides a two year extension for the Sacramento Area Council of Governments (SACOG) to adopt and submit its regional transportation plan (RTP), sustainable communities strategy (SCS), and environmental impact report. Specifically, this bill:
- Requires SACOG to adopt and submit its update to the 2020 RTP adopted on November 18, 2019, to the California Transportation Commission (CTC) and the Department of Transportation (Caltrans) on or before December 31, 2025.
- Requires SACOG to submit its SCS, after adoption, to the State Air Resources Board (CARB).
- After the extension, resets the time period for SACOG’s updates to its RTP and requires updates to be adopted and submitted every four years.
- States that the update to SACOG’s RTP that SACOG will prepare and submit to federal agencies for purposes of federal compliance shall not be considered an RTP under California law and shall not constitute a project for purposes of the California Environmental Quality Act (CEQA).
- Prohibits CARB from updating the greenhouse gas (GHG) emission reduction targets for the SACOG region before SACOG adopts the update to its RTP.
- Makes other technical non-substantive changes.
EXISTING LAW:
- Requires each regional transportation planning agency (RTPA) to prepare and adopt an RTP directed at achieving a coordinated and balanced regional transportation system. (Government Code Section 65080)
- Except as otherwise provided, requires a transportation planning agency to adopt and submit, every four years, an updated RTP to the CTC and Caltrans.
- Requires CARB, no later than September 30, 2010, to provide each affected region with GHG emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.
- Requires CARB to update the regional GHG emission reduction targets every eight years and authorizes CARB to revise the targets every four years.
- Requires the RTP to include an SCS prepared by each metropolitan planning organization (MPO), as specified, containing land use, housing, and transportation strategies that, if implemented, would allow the region to meet CARB’s targets.
- Requires an MPO, after adoption, to submit an SCS to CARB for review, including the quantification of the GHG emission reductions the strategy would achieve and a description of the technical methodology used to obtain that result.
- Creates the Solutions for Congested Corridors Program to fund projects that make specific performance improvements and are part of a comprehensive corridor plan designed to reduce congestion in highly traveled corridors. (Streets and Highways Code (SHC) 2390)
- Creates the Transit and Intercity Rail Capital Program to fund transformative capital improvements that will significantly reduce vehicle miles traveled. (Public Resources Code (PRC) 75220)
- Creates the Low Carbon Transit Operations Program to provide operating and capital assistance for transit agencies to reduce the emissions of greenhouse gases and improve mobility, with a priority on serving disadvantaged communities. (PRC 75230)
- Establishes the Active Transportation Program within Caltrans for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. (SHC 2380)
Federal Law:
- Requires the designation of an MPO for each urbanized area with a population of more than 50,000 individuals in order to carry out the transportation planning processes required by federal law. (Title 23 United States Code Section 134)
- Requires each MPO to prepare and update a transportation plan, as specified, for its area at least every four years.
FISCAL EFFECT: Unknown
COMMENTS: In California, regional planning is primarily conducted by 18 Metropolitan MPOs in urban areas and 26 RTPAs in rural areas. One of the key planning documents that both MPOs and RTPAs must prepare is the RTP. The RTP has a long-term horizon of at least 20 years and identifies existing and future transportation needs in the region. It includes rough cost estimates for transportation projects and is fiscally constrained (i.e., the total anticipated cost of the proposals is limited to the total reasonably anticipated revenues for the term of the plan), however, specific fund sources are usually not identified for the individual transportation proposals. The RTP must also conform with federal air quality requirements in nonattainment or maintenance areas. Federal law requires MPOs/ RTPAs submit an RTP at least every four years.
The Legislature has set a number of goals to reduce GHG emissions and address climate change. The Global Warming Solutions Act of 2006. AB 32 (Nunez), Chapter 488, Statutes of 2006 and subsequent companion legislation SB 32 (Pavley), Chapter 249, Statutes of 2016 requires California to reduce statewide GHG emissions to 40% below the 1990 level by 2030. AB 1279 (Muratsuchi), Chapter 337, Statutes of 2022 establishes the policy of the state to achieve carbon neutrality as soon as possible, but no later than 2045. CARB is responsible for developing a Scoping Plan to detail how the state will achieve its mandated GHG emissions reduction targets across sectors.
Nearly 40% of California's greenhouse gas (GHG) emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets. Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, oxides of nitrogen (NOx), and sulfur dioxide, affecting local air quality. In the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in number of vehicle miles traveled.
The Sustainable Communities and Climate Protection Act, SB 375 (Steinberg), Chapter 728, Statutes of 2008 added a new element to regional planning and requires MPOs to develop Sustainable Communities Strategies (SCS), or long-range plans, which align transportation, housing, and land use decisions toward achieving GHG emissions reduction targets set by CARB. As part of the SB 375 process, CARB establishes regional GHG emissions reduction targets for each jurisdiction. MPOs must produce a SCS that (i) identifies the general location of uses, residential densities, and building intensities within the region; (ii) identifies areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the RTP taking into account net migration into the region, population growth, household formation and employment growth; (iii) identifies areas within the region sufficient to house an eight-year projection of the regional housing need for the region; (iv) identifies a transportation network to service the transportation needs of the region; (v) gathers and considers the best practically available scientific information regarding resource areas and farmland in the region; (vi) considers the state housing goals, as specified; (vii) sets forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce GHG emissions from automobiles and light trucks to achieve the GHG emission reduction targets approved by CARB.
In 2018, CARB adopted more aggressive SB 375 targets to support progress towards achieving the 2017 Scoping Plan goals. These targets aim to get SCSs to achieve, in aggregate, a 19% reduction in statewide per capita GHG emissions reductions relative to 2005 by 2035 from passenger vehicles. The figure below shows the updated targets for the “Northern California Megaregion” which includes SACOG, Metropolitan Planning Commission (MTC), and the San Joaquin Council of Governments (SJCOG).
SB 375 Regional Plan Climate Targets, 2018
MPO | Targets through September 30, 2018 | Targets Beginning October 1, 2018 | ||
2020 | 2035 | 2020 | 2035 | |
MTC | -7% | -15% | -10% | -19% |
SACOG | -7% | -16% | -7% | -19% |
SJCOG | -5% | -10% | -12% | -16% |
According to SACOG, the bill’s sponsor, this bill is necessary to more closely align its RTP submission date with the RTP due dates of the other members of the Northern California Megaregion whose goals are to advance interregional projects impacting the quality of life, transportation, and commerce throughout Northern California.
Current and Proposed Due Dates for RTP/SCS of the Megaregion MPOs
Region (MPO) | Current due date | Due date under this bill |
SACOG | November 2023 | December 31, 2025 |
MTC | October 2025 | October 2025 |
SJCOG | August 2026 | August 2026 |
According to SACOG, this bill would provide additional time to incorporate results from newly funded initiatives, including community-based engagement and planning, in the next RTP. Specifically, SACOG intends to work more with underrepresented communities within the communities it serves. In addition, SACOG received a planning grant in August 2022 through the federal Rebuilding American Infrastructure with Sustainability and Equity (RAISE) program to establish a model for equity-centered, community co-created infrastructure project development that attempts to reinvent how regional transportation projects are prioritized for state and federal investment.
This bill would maintain compliance with the federal requirement of submission of the RTP every four years by having SACOG update its 2019 RTP with minor modifications for its 2023 submission. To avoid unnecessary process and procedural complications, this bill specifies that this 2023 RTP update will be done exclusively to meet federal requirements and would not be an "RTP" for purposes of the state requirements.
Current law requires CARB to update regional GHG emissions targets every eight years, but allows CARB to update regional targets every four years. CARB’s last regional GHG target update was 2018, meaning CARB could update targets anytime between now and 2026. This bill prohibits CARB from updating GHG emissions reduction targets for the region within the SACOG jurisdiction until SACOG adopts the updated RTP. This could delay CARB setting targets for the region. Of potentially greater significance, this provision has impacts beyond the SACOG region. Prior to updating targets, CARB must exchange technical information with Caltrans, MPOs, local governments, and effected air districts, and engage in a consultative process with public and private stakeholders. This process happens concurrently with all regions. Limiting CARB’s ability to set a target for the SACOG region could effectively disrupt the entire process for all regions.
In 2019, with the enactment of AB 1730 (Gonzalez), Chapter 634, Statutes of 2019, SANDAG received, an extension of the due date of their RTP/SCS to allow for “additional time to plan and be ambitious in reducing greenhouse gas emissions, in order to ensure the region is doing the most it can in the best way possible.” By this reasoning, every region would benefit from having more time for planning. This raises the question for the Legislature of should it require a higher standard and a demonstrated urgent need for it to grant MPOs extensions? Extensions come at the potential cost of nearer term goals not being established and met.
AB 1730, as a condition of granting the above mentioned extension, imposed specific requirements of SANDAG during the time period in which its RTP/SCS was delayed. AB 1730 required SANDAG to only nominate projects for funding through the Solutions for Congested Corridors Program that reduce vehicle miles traveled. AB 1730 also required SANDAG to develop an implementation report of its SCS.
The Legislature should consider requiring SACOG to follow the same standards as SANDAG when considering an extension and include the following language. “In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program, SACOG, until December 31, 2025, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs: (i) The Transit and Intercity Rail Capital Program; (ii) The Low Carbon Transit Operations Program; and (iii) The Active Transportation Program.”
Similarly, the Legislature should also consider requiring SACOG, commencing January 1, 2024, and every two years thereafter, to begin developing an implementation report that tracks the implementation of its most recently adopted SCS.
According to the author, “SACOG, MTC, and SJCOG comprise the Northern California Megaregion, which includes 16 counties, 136 and a population of nearly 11 million. Each of these entities is required to develop an SCS but each entity has different deadlines. This bill will facilitate greater interregional collaboration and the development of shared transportation priorities throughout the Megaregion by better aligning SACOG’s next SCS update with those of MTC and SJCOG. It will also enhance public outreach in the regional planning process by allowing SACOG's RAISE planning grant work to inform the SCS update.”
In support Sacramento Regional Transit writes, “As a leading voice for transit agencies in the Northern California Megaregion, we support efforts like [this bill], which ensure effective interregional planning that supports our increasingly interconnected economy.”
Double referral: This bill is double referred and will be sent to the Assembly Committee on Natural Resources should it pass out of this committee.
Related legislation: AB 1730 (Gonzalez), Chapter 634, Statutes of 2019 amends the timing and process for delivery of SANDAG’s next RTP/SCS.
REGISTERED SUPPORT / OPPOSITION:
Support
Sacramento Area Council of Governments (sponsor)
City of Galt
City of Galt, Councilmember Rich Lozano
City of Roseville
City of Sacramento
City of West Sacramento
City of Woodland
CivicWell
County of Sacramento
County of Yuba
Environmental Council of Sacramento
Greater Sacramento Economic Council
Placer County Board of Supervisors
Placer County Transportation Planning Agency
Sacramento Asian Pacific Chamber of Commerce
Sacramento Clean Cities Coalition
Sacramento Metropolitan Chamber of Commerce
Sacramento Regional Transit District
Sacramento Transportation Authority
San Francisco Bay Area Planning and Urban Research Association
San Joaquin Council of Governments
San Joaquin Joint Powers Authority
San Joaquin Regional Rail Commission
Valley Vision
Opposition
None on file
Analysis Prepared by: Christine Casey / TRANS. / (916) 319-2093
Discussed in Hearing
3MIN
Assembly Floor
4MIN
Senate Floor
17MIN
Assembly Standing Committee on Transportation
Bill Author
