Bill Text: CA SB768 | 2023-2024 | Regular Session | Amended


Bill Title: California Environmental Quality Act: Transportation Agency: vehicle miles traveled: study.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-29 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. [SB768 Detail]

Download: California-2023-SB768-Amended.html

Amended  IN  Assembly  May 29, 2024
Amended  IN  Senate  January 11, 2024
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 768


Introduced by Senator Caballero

February 17, 2023


An act to add and repeal Section 21099.5 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 768, as amended, Caballero. California Environmental Quality Act: State Air Resources Board: Transportation Agency: vehicle miles traveled: study.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law requires the Office of Planning and Research to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to guidelines establishing criteria for determining the significance of transportation impacts of projects within transit priority areas to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.
Existing law establishes the Transportation Agency in state government with various duties and responsibilities. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over specified departments and offices, including the Department of Transportation.

Existing law creates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards, to conduct research into the causes of and solution to air pollution, and to systematically attack the serious problem caused by motor vehicles, which is the major source of air pollution in many areas of the state. Existing law authorizes the state board to do those acts as may be necessary for the proper execution of the powers and duties granted to, and imposed upon, the state board.

This bill would require the state board, Transportation Agency, in consultation with local governments and other interested parties, as specified, by January 1, 2026, 2028, and subject to an appropriation by the Legislature for this purpose, to conduct and submit to the Legislature post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts pursuant to CEQA, as specified. CEQA. The bill would require the study to include, among other things, an analysis of the differences in the availability and feasibility of mitigation measures for vehicle miles traveled in rural, suburban, and urban areas. The bill would repeal those provisions on January 1, 2029.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 21099.5 is added to the Public Resources Code, to read:

21099.5.
 (a) On or before January 1, 2026, 2028, the State Air Resources Board Transportation Agency shall conduct and submit to the Legislature post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts pursuant to the California Environmental Quality Act.
(b) The study shall be conducted in collaboration with Transportation Agency, in conducting the study, shall consult with local governments and other interested parties, including, but not limited to, all of the following:
(1) State agencies, such as the Transportation Agency, State Air Resources Board, the Department of Transportation, the Department of Housing and Community Development, and the Office of Planning and Research.
(2) Local agencies, or organizations represented by member agencies, such as a council of governments, councils of government, metropolitan planning agency, agencies, or regional transportation planning agency, agencies, on a volunteer basis.

(3)Academic and research institutions with demonstrated expertise in transportation impacts and analyzing vehicle miles traveled, on a volunteer basis.

(4)

(3) Industry organizations, on a volunteer basis.
(c) The study shall include all of the following:
(1) A study on the impacts and implementation An analysis of the implementation and ramifications of the guidelines described in paragraph (1) of subdivision (b) of Section 21099.
(2) An analysis of the methodology methodologies used to create vehicle miles traveled reduction targets as part of a mitigation measure at the local, regional, and statewide level.
(3) An analysis and comparison of how vehicle miles traveled impacts and mitigation measures are identified, measured, and deployed at the local, regional, and statewide level. level that shall include an exhaustive list of project types that are considered to increase capacity, induce vehicle miles traveled, or both.
(4) An inventory of the cost of vehicle miles traveled mitigation measures to projects thus far, and an analysis of whether the cost of those measures either indefinitely delayed, temporarily delayed, or necessitated the phasing of those projects.
(5) An inventory of project types, if any, that are exempted from analysis of vehicle miles traveled.

(4)

(6) (A) An analysis of the differences in the availability and feasibility of mitigation measures for vehicle miles traveled mitigation measures used in rural in rural, suburban, and urban areas.
(B) The analysis shall include best strategies and planning changes to mitigate vehicle miles traveled in areas where public transportation is inadequate.

(5)An analysis

(7) A discussion of the relationship between vehicle miles traveled reduction, greenhouse gas emissions reduction, housing, transportation, economic development, and equity.

(6)A review of the implications of an electrified mobility future on vehicle miles traveled.

(d)(1)The study required to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on December 31, 2030.

(d) Implementation of this section is contingent upon an appropriation by the Legislature for purposes of this section in the annual Budget Act or another statute.
(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

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