Bill Text: CA AB1147 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regional transportation plan: Active Transportation Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB1147 Detail]

Download: California-2021-AB1147-Amended.html

Amended  IN  Senate  June 10, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1147


Introduced by Assembly Member Friedman
(Principal coauthor: Senator Allen)

February 18, 2021


An act to amend Sections 65072.2 and 65080 of the Government Code, to add Chapter 3 (commencing with Section 75219) to Part 1 of Division 44 of the Public Resources Code, and to amend Section 2380 of, to add Sections 2380.5 and 2382.5 to, and to add and repeal Section 2386 of, of the Streets and Highways Code, relating to transportation planning.


LEGISLATIVE COUNSEL'S DIGEST


AB 1147, as amended, Friedman. Regional transportation plan: Active Transportation Program.
(1) Existing law requires the Strategic Growth Council, by January 31, 2022, to complete an overview of the California Transportation Plan and all sustainable communities strategies and alternative planning strategies, an assessment of how implementation of the California Transportation Plan, sustainable communities strategies, and alternative planning strategies will influence the configuration of the statewide integrated multimodal transportation system, and a review of the potential impacts and opportunities for coordination of specified funding programs.
This bill would require the council to convene key state agencies, metropolitan planning agencies, and local governments to assist the council in completing the report. The bill would require that the report be completed by January 1, 2023, and additionally assess barriers to the achievement of, and recommend actions at the state, regional, and local level levels to achieve, state and regional greenhouse gas emissions reduction targets and vehicle miles traveled reduction goals related to the California Transportation Plan and all sustainable communities strategies and alternative planning strategies.
Existing law requires certain transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Existing law requires each regional transportation plan to include 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. Existing law authorizes a transportation planning agency with a population that exceeds 200,000 persons to use as part of that policy element, among others, measures of means of travel, including the percentage share of all trips made by single occupant vehicles, multiple occupant vehicles, carpools, public transit, walking, and bicycling.
This bill would expressly authorize those transportation planning agencies to also use as part of that policy element the percentage share of trips made by bicycling using an electric bicycle.
Existing law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning organization. Existing law requires the State Air Resources Board to provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, as specified. Existing law requires the state board to regularly prepare reports that assesses the progress made by each metropolitan planning organization in meeting those targets.
This bill would require each metropolitan planning organization to submit data to the state board that delineates how transportation funds have been spent in relation to the sustainable communities strategy, and would require the state board to require, by regulation, each metropolitan planning organization to provide any data the state board determines is necessary for specified purposes. The bill would require the state board, on or before July 1, 2023, to make specified determinations relative to each metropolitan planning organization and applicable regional greenhouse gas emissions reduction targets for 2035. The bill would require each metropolitan planning organization, on or before July 1, 2023, to submit a 2035 target action plan to the state board for review and approval, as specified. make this data publicly available on the state board’s internet website.
This bill would require each city, county, or city and county to make a good faith effort to take actions that support its region’s sustainable community communities strategy or, as applicable, alternative planning strategy, including, but not limited to, when amending or developing its general plan.
Existing law requires each regional transportation plan to also include an action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities.
This bill would require that the action element incorporate and be consistent with the a 2035 target action plan. plan described below, as specified. The bill would require that a local agency consult with a metropolitan planning organization if the metropolitan planning organization concludes that the local agency’s land use decisions and transportation projects are interfering with the region’s achievement of those targets and requests the consultation.
This bill would create the Sustainable Communities Strategy Block Grant Program, which would be administered by the Strategic Growth Council, in collaboration with the state board, to provide planning grants and block grants, upon appropriation by the Legislature, to each metropolitan planning organization with an approved 2035 target action plan to support the metropolitan planning organization’s efforts to reduce vehicle miles travelled, advance equity, and meet its regional greenhouse gas emission reduction targets. The bill would require the council to develop guidelines for the program. In order to be eligible for a block grant, the bill would require a metropolitan planning organization to submit a 2035 target action plan containing certain information to the council for review and approval by the council in collaboration with the state board, as provided. The bill would require each metropolitan planning organization to consider whether a city, county, or city and county has made a good faith effort to take actions that support its region’s sustainable communities strategy or, as applicable, alternative planning strategy when allocating its block grant.
By imposing additional requirements on local government, including metropolitan planning organizations, this bill would impose a state-mandated local program.
(2) Existing law establishes the Active Transportation Program to encourage increased use of active modes of transportation. Existing law provides that it is the intent of the Legislature that the program advance the active transportation efforts of regional agencies to achieve specified greenhouse gas reduction goals. Existing law requires the California Transportation Commission to develop guidelines and project selection criteria for the program in consultation with the Active Transportation Program Workgroup.

This bill would provide that it is intent of the Legislature that the program advance those efforts to achieve additional specified greenhouse gas reduction goals and pilot innovative and transformative active transportation projects. The bill would require the commission, on or before July 1, 2023, in consultation with the workgroup, to revise the adopted guidelines and project selection criteria to include provisions for pilot innovative and transformative active transportation projects and projects that facilitate the creation of fifteen minute cities, as defined, through active transportation investments.

This bill would require the Department of Transportation, on or before January, 1 2023, to submit a proposal for the development, including the selection, of sites for a pilot program establishing branded networks of bicycle highways that are numbered and signed within 2 of California’s major metropolitan areas. The bill would require the department to present the proposal to the California Transportation Commission for approval, and, if approved, would require that the proposal be eligible for funding through the Active Transportation Program. review and comment, including making recommendations for potential funding sources for constructing the bicycle highways. The bill would require the department, on or before July 1, 2026, to report to the relevant policy committees of the Legislature on the status of the pilot program and recommendations for the development of additional networks of bicycle highways.
(3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65072.2 of the Government Code is amended to read:

65072.2.
 (a) The department shall address in the California Transportation Plan how the state will achieve maximum feasible emissions reductions in order to attain a statewide reduction of greenhouse gas emissions to 1990 levels by 2020 and 40 percent below 1990 levels by December 31, 2030, as required by the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and how the plan is consistent with, and supports attaining, all state ambient air quality standards, as set forth in Section 70200 of Title 17 of the California Code of Regulations, and national ambient air quality standards, as established pursuant to Section 7409 of Title 42 of the United States Code, in all areas of the state, as described in California’s state implementation plans required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), taking into consideration the use of alternative fuels, new vehicle technology, tailpipe emissions reductions, ride sharing, vehicle pooling, and expansion of public transit, commuter rail, intercity rail, bicycling, and walking. The plan shall identify the statewide integrated multimodal transportation system needed to achieve these results.
(b) Commencing with the third update to the California Transportation Plan, the department shall include the following information in the plan:
(1) A forecast of the impacts of advanced and emerging technologies over a 20-year horizon on infrastructure, access, and transportation systems. For purposes of this paragraph, “advanced and emerging technologies” includes, but is not limited to, shared, autonomous, connected, and electric transportation options.
(2) A review of the progress made implementing past California Transportation Plans Plans, including, but not limited to, a review of actions taken in each region of the state to achieve the goals and policies outlined in the plan.
(c) (1) The Strategic Growth Council shall complete a report by January 1, 2023, and shall submit this report to the relevant policy and fiscal committees of the Legislature. The report shall contain all of the following:
(A) An overview of the California Transportation Plan and all sustainable communities strategies and alternative planning strategies prepared pursuant to paragraph (2) of subdivision (b) of Section 65080, and an assessment of how implementation of the California Transportation Plan, sustainable communities strategies, and alternative planning strategies will influence the configuration of the statewide integrated multimodal transportation system.
(B) A discussion and analysis of the differences between the California Transportation Plan and the sustainable communities strategies and alternative planning strategies, including, but not limited to, fiscal constraints and fiscal eligibility, and how those differences affect implementation and integration.

(B)

(C) A description of key state agencies’, metropolitan planning agencies’, and local governments’ assessments of barriers to the achievement of state and regional greenhouse gas emissions reduction targets and vehicle miles traveled reduction goals related to the California Transportation Plan and all sustainable communities strategies and alternative planning strategies.

(C)

(D) Recommendations for actions at the state, regional, and local level levels to achieve state and regional greenhouse gas emissions reduction targets and vehicle miles traveled reduction goals related to the California Transportation Plan and all sustainable communities strategies and alternative planning strategies, including, but not limited to, the necessary resources and tools that are still needed.

(D)

(E) A review of the potential impacts and opportunities for coordination of the following funding programs: the Affordable Housing and Sustainable Communities Program, the Transit and Intercity Rail Capital Program, the Low Carbon Transit Operations Program, the Transformative Climate Communities Program, and the Sustainable Transportation Planning Grant Program. The review shall be conducted in consultation with the agencies that administer these programs. The review shall include recommendations for the improvement of these programs or other relevant transportation funding programs to better align the programs to meet long-term common goals, including the goals outlined in the California Transportation Plan.
(2) The Strategic Growth Council shall convene key state agencies, metropolitan planning agencies, and local governments to assist the council in completing the report, including to assess barriers to the achievement of state and regional greenhouse gas emissions reduction targets and vehicle miles traveled reduction goals related to the California Transportation Plan and all sustainable communities strategies and alternative planning strategies for purposes of subparagraph (B) of paragraph (1).
(3) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 31, 2028, pursuant to Section 10231.5 of the Government Code.
(4) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 2.

 Section 65080 of the Government Code, as amended by Section 1 of Chapter 177 of the Statutes of 2020, 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 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.
(vi) Bicycling using an electric bicycle, as defined in Section 312.5 of the Vehicle Code.
(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 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 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 shall consider the report before setting the targets.
(ii) Before setting the targets for a region, the state 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 shall release draft targets for each region no later than June 30, 2010.
(iii) In establishing these targets, the state 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 greenhouse gas emissions in the affected regions, and prospective measures the state board plans to adopt to reduce greenhouse gas emissions 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 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 shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organization’s timeframe for updating its regional transportation plan under federal law until 2050. The state board may revise the targets every four years based on changes in the factors considered under clause (iii). The state 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.
(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 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 greenhouse gas emissions 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 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 informational 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. In order to maximize the opportunity for participation by members of the public throughout the region, these informational meetings may be conducted by electronic means if a call-in telephonic option is also provided and the informational meeting is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(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 agency’s adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii) Outreach efforts to disadvantaged communities and low-income households to encourage comments and active participation.
(iii) Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iv) Public engagement gatherings 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 gathering shall be available to each county in the region with outreach to residents of that county. For counties with a population greater than 500,000, at least three public engagement gatherings shall be held. In order to maximize the opportunity for participation by members of the public throughout the region, these public engagement gatherings may be conducted by electronic means if a call-in telephonic option is also provided and the public engagement gathering is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(v) 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.
(vi) 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 planning 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. In order to maximize the opportunity for participation by members of the public throughout the region, these public hearings may be conducted by electronic means if a call-in telephonic option is also provided and the public hearing is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(vii) 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 greenhouse gas emissions 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.
(I) If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce greenhouse gas emissions to achieve the greenhouse gas emission reduction targets established by the state board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission 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.
(v) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy and the 2035 target action plan 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 of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state 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 greenhouse gas emissions, and suggested remedies. The metropolitan planning organization is encouraged to work with the state board until the state 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 for review, including the quantification of the greenhouse gas emission reductions the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board shall be limited to acceptance or rejection of the metropolitan planning organization’s determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board. The state board shall complete its review within 60 days.
(iii) If the state 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 obtain state 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.
(iv) (I) On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the state 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. The report shall include changes all of the following information:
(ia) Changes to greenhouse gas emissions statewide and in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a targets.
(ib) 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.
(ic) The progress made on relevant recommendations related to the successful implementation of the sustainable communities strategy included in the report described in Section 65072.2.
(id) The difference, if any, between the greenhouse gas reduction targets and the total needed reduction identified in the most recent update to the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code, the identification of the public entities that could make contributions to achieving those reductions, an assessment of the progress made toward achieving those reductions, and an evaluation of the extent to which that progress is assisting metropolitan planning organizations in achieving their targets.
(II) The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders.
(III) To assist in the creation of the report, each metropolitan planning organization shall submit data to the state board that delineates how transportation funds have been spent in relation to the sustainable communities strategy, including the amount of transportation funding committed and spent for each transportation mode and the correlation between transportation spending and any increase or decrease in vehicle miles traveled. The state board shall require, by regulation, each metropolitan planning organization to provide any data the state board determines is necessary to satisfy the requirements of this clause or clause (v). make this data publicly available on the state board’s internet website.
(IV) 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.

(v)On or before July 1, 2023, the state board shall determine all of the following:

(I)Whether each metropolitan planning organization is on track to meet its regional greenhouse gas emissions reduction target for 2035.

(II)Whether there is any discrepancy between regional greenhouse gas emissions reduction targets and any relevant targets contained within the most recent update to the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code.

(III)What actions are necessary for each metropolitan planning organization to meet its regional greenhouse gas emissions reduction target for 2035 and what actions are necessary, if any, to align the regional greenhouse gas emissions reduction target for the metropolitan planning organization with the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code.

(vi)On or before July 1, 2023, each metropolitan planning organization shall submit a 2035 target action plan to the state board for review and approval. The 2035 target action plan shall include all of the following:

(I)Identification of elements within its most recent sustainable communities strategy or alternative planning strategy that need modification or acceleration to achieve its 2035 regional greenhouse gas emissions reduction target.

(II)A summary of feedback from outreach to disadvantaged communities related to its 2035 target action plan.

(III)Identification of measures to improve equity in actions to meet the region’s greenhouse gas emissions reduction targets, including air pollution reduction benefits, public health benefits, job-housing fit benefits, and anti-displacement benefits.

(IV)Identification of significant local land use decisions and transportation projects that interfere with the region’s greenhouse gas emissions reduction targets, including, but not limited to, zoning or other ordinances or policies that would prevent the land use plan from being implemented.

(V)Designation of high priority investment areas that will result in infill, transit-oriented, or walkable development, or will significantly contribute to the achievement of the 2035 regional greenhouse gas emissions reduction target.

(VI)Corrective actions to get the metropolitan planning organization on track to meet its greenhouse gas emissions reduction targets for 2035, including, but not limited to, near-term actions and a priority list of transformative projects that need additional federal or state funding.

(VII)The 2035 target action plan shall not be considered a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(K) (i) 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 sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. Nothing in this section shall be interpreted to limit the state board’s authority under any other law. Nothing in this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this section requires 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 section relieves a public or private entity or any person from compliance with any other local, state, or federal law.
(ii) Each city, county, or city and county shall make a good faith effort to take actions that support its region’s sustainable community communities strategy or, as applicable, alternative planning strategy, including, but not limited to, when amending or developing its general plan.
(L) Nothing in this section requires 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 section shall 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) (A) 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.
(B) If a sustainable communities strategy or alternative planning strategy is prepared pursuant to paragraph (2) after the approval of the 2035 target action plan developed pursuant to paragraph (2), Section 75219.1 of the Public Resources Code, the action element shall, to the extent feasible, incorporate and be consistent with the 2035 target action plan.
(C) If a metropolitan planning organization concludes that a local agency’s land use decisions and transportation projects are interfering with the region’s achievement of the regional greenhouse gas emissions reduction targets, the metropolitan planning organization may request in writing a consultation with the board of supervisors or city council to discuss actions the local agency is authorized to take to assist in meeting those targets. The consultation shall occur no later than 30 days after the metropolitan planning organization’s request is received. The results of the consultation shall be reported back to the governing body of the metropolitan planning organization.
(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) Projects that directly support low-income households and communities.

(x)

(xi) 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, 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 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 remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 3.

 Section 65080 of the Government Code, as added by Section 2 of Chapter 177 of the Statutes of 2020, 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 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.
(vi) Bicycling using an electric bicycle, as defined in Section 312.5 of the Vehicle Code.
(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 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 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 shall consider the report before setting the targets.
(ii) Before setting the targets for a region, the state 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 shall release draft targets for each region no later than June 30, 2010.
(iii) In establishing these targets, the state 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 greenhouse gas emissions in the affected regions, and prospective measures the state board plans to adopt to reduce greenhouse gas emissions 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 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 shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organization’s timeframe for updating its regional transportation plan under federal law until 2050. The state board may revise the targets every four years based on changes in the factors considered under clause (iii). The state 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.
(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 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 greenhouse gas emissions 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 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 agency’s adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.
(ii) Outreach efforts to disadvantaged communities and low-income households to encourage comments and active participation.
(iii) Consultation with congestion management agencies, transportation agencies, and transportation commissions.
(iv) 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.
(v) 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.
(vi) 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 planning 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.
(vii) 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 greenhouse gas emissions 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.
(I) If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce greenhouse gas emissions to achieve the greenhouse gas emission reduction targets established by the state board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission 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.
(v) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy and the 2035 target action plan 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 of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state 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 greenhouse gas emissions, and suggested remedies. The metropolitan planning organization is encouraged to work with the state board until the state 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 for review, including the quantification of the greenhouse gas emission reductions the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board shall be limited to acceptance or rejection of the metropolitan planning organization’s determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board. The state board shall complete its review within 60 days.
(iii) If the state 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 obtain state 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.
(iv) (I) On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the state 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. The report shall include changes all of the following information:
(ia) Changes to greenhouse gas emissions statewide and in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a targets.
(ib) 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.
(ic) The progress made on relevant recommendations related to the successful implementation of the sustainable communities strategy included in the report described in Section 65072.2.
(id) The difference, if any, between the greenhouse gas reduction targets and the total needed reduction identified in the most recent update to the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code, the identification of the public entities that could make contributions to achieving those reductions, an assessment of the progress made toward achieving those reductions, and an evaluation of the extent to which that progress is assisting metropolitan planning organizations in achieving their targets.
(II)  The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders.
(III) To assist in the creation of the report, each metropolitan planning organization shall submit data to the state board that delineates how transportation funds have been spent in relation to the sustainable communities strategy, including the amount of transportation funding committed and spent for each transportation mode and the correlation between transportation spending and any increase or decrease in vehicle miles traveled. The state board shall require, by regulation, each metropolitan planning organization to provide any data the state board determines is necessary to satisfy the requirements of this clause or clause (v). make this data publicly available on the state board’s internet website.
(IV) 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.

(v)On or before July 1, 2023, the state board shall determine all of the following:

(I)Whether each metropolitan planning organization is on track to meet its regional greenhouse gas emissions reduction target for 2035.

(II)Whether there is any discrepancy between regional greenhouse gas emissions reduction targets and any relevant targets contained within the most recent update to the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code.

(III)What actions are necessary for each metropolitan planning organization to meet its regional greenhouse gas emissions reduction target for 2035 and what actions are necessary, if any, to align the regional greenhouse gas emissions reduction target for the metropolitan planning organization with the scoping plan prepared pursuant to Section 38561 of the Health and Safety Code.

(vi)On or before July 1, 2023, each metropolitan planning organization shall submit a 2035 target action plan to the state board for review and approval. The 2035 target action plan shall include all of the following:

(I)Identification of elements within its most recent sustainable communities strategy or alternative planning strategy that need modification or acceleration to achieve its 2035 regional greenhouse gas emissions reduction target.

(II)A summary of feedback from outreach to disadvantaged communities related to its 2035 target action plan.

(III)Identification of measures to improve equity in actions to meet the region’s greenhouse gas emissions reduction targets, including air pollution reduction benefits, public health benefits, job-housing fit benefits, and anti-displacement benefits.

(IV)Identification of significant local land use decisions and transportation projects that interfere with the region’s greenhouse gas emissions reduction targets, including, but not limited to, zoning or other ordinances or policies that would prevent the land use plan from being implemented.

(V)Designation of high priority investment areas that will result in infill, transit-oriented, or walkable development, or will significantly contribute to the achievement of the 2035 regional greenhouse gas emissions reduction target.

(VI)Corrective actions to get the metropolitan planning organization on track to meet its greenhouse gas emissions reduction targets for 2035, including, but not limited to, near-term actions and a priority list of transformative projects that need additional federal or state funding.

(VII)The 2035 target action plan shall not be considered a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(K) (i) 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 sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. Nothing in this section shall be interpreted to limit the state board’s authority under any other law. Nothing in this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this section requires 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 section relieves a public or private entity or any person from compliance with any other local, state, or federal law.
(ii) Each city, county, or city and county shall make a good faith effort to take actions that support its region’s sustainable community communities strategy or, as applicable, alternative planning strategy, including, but not limited to, when amending or developing its general plan.
(L) Nothing in this section requires 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 section shall 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) (A) 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.
(B) If a sustainable communities strategy or alternative planning strategy is prepared pursuant to paragraph (2) after the approval of the 2035 target action plan developed pursuant to paragraph (2), Section 75219.1 of the Public Resources Code, the action element shall, to the extent feasible, incorporate and be consistent with the 2035 target action plan.
(C) If a metropolitan planning organization concludes that a local agency’s land use decisions and transportation projects are interfering with the region’s achievement of the regional greenhouse gas emissions reduction targets, the metropolitan planning organization may request in writing a consultation with the board of supervisors or city council to discuss actions the local agency is authorized to take to assist in meeting those targets. The consultation shall occur no later than 30 days after the metropolitan planning organization’s request is received. The results of the consultation shall be reported back to the governing body of the metropolitan planning organization.
(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) Projects that directly support low-income households and communities.

(x)

(xi) 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, 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 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.

SEC. 4.

 Chapter 3 (commencing with Section 75219) is added to Part 1 of Division 44 of the Public Resources Code, to read:
CHAPTER  3. Sustainable Communities Strategy Block Grant Program

75219.
 (a) The Sustainable Communities Strategy Block Grant Program is hereby created, to be administered by the council. council in collaboration with the State Air Resources Board. That program shall provide planning grants and block grants, upon appropriation of by the Legislature, to each metropolitan planning organization with an approved 2035 target action plan prepared pursuant to Section 65080 of the Government Code 75219.1 to support efforts to reduce vehicle miles traveled, advance equity, and meet each region’s greenhouse gas emissions reduction targets.
(b) (1) Before awarding grant moneys pursuant to the Sustainable Communities Strategy Block Grant Program, the council shall shall, in collaboration with the State Air Resources Board, develop guidelines for that program.
(2) In developing the guidelines for the Sustainable Communities Strategy Block Grant Program Program, the council shall do all of the following:
(A) Determine the review and approval process for the 2035 target action plans developed pursuant to Section 75219.1.

(A)

(B) Prioritize funding for metropolitan planning organizations to assist in identifying and developing projects that will provide significant and transformative emissions reduction benefits that are not ready to begin construction, such as those identified in the 2035 target action plans developed pursuant to Section 65080 of the Government Code. Section 75219.1.
(C) Prioritize funding that will advance equity by investing directly into and implementing projects that have been identified by historically underserved and low-income communities, including rural communities and unincorporated areas.

(B)

(D) Ensure the Sustainable Communities Strategy Block Grant Program will assist in the implementation of each metropolitan planning organization’s 2035 target action plan.

(C)

(E) Consider comments, if any, from local governments, metropolitan planning organizations, and other stakeholders.

(D)

(F) Conduct targeted outreach to disadvantaged and historically underserved communities to encourage comments on the draft guidelines from those communities.

(E)

(G) Establish reporting requirements for each block grant recipient to evaluate the block grant’s outcomes.
(c) The council shall post the guidelines developed pursuant to subdivision (b) and the schedule for allocation of block grants for the Sustainable Communities Strategy Block Grant Program on its internet website.
(d) A metropolitan planning organization shall consider whether a city, county, or city and county has made a good faith effort to take actions that support its region’s sustainable communities strategy or, as applicable, alternative planning strategy when allocating its block grant.
(e) A metropolitan planning organization may request a planning grant pursuant to this section in advance of getting approval of its 2035 target action plan to assist in the development of the plan.
(f) Of the total amount of any money appropriated for purposes of implementing this chapter, the council shall do both of the following:
(1) Set aside up to 5 percent for program administration by the council, including operation expenditures and technical assistance.
(2) Set aside up to 5 percent for planning grants for a metropolitan planning organization that requests a planning grant to prepare a 2035 target action plan.
(g) No later than 30 days after an appropriation is made for purposes of implementing this chapter, the council shall establish a proposed formula for how the block grant shall be distributed.

75219.1.
 (a) In order to be eligible for a block grant, a metropolitan planning organization shall submit a 2035 target action plan to the council for review and approval by the council in collaboration with the State Air Resources Board.
(b) The 2035 target action plan shall include all of the following information:
(1) Identification of elements within the metropolitan planning organization’s most recent sustainable communities strategy or alternative planning strategy that need modification or acceleration to achieve its 2035 regional greenhouse gas emissions reduction targets.
(2) A summary of feedback from outreach to disadvantaged communities related to the metropolitan planning organization’s 2035 target action plan, and a discussion of how this feedback is being addressed in the 2035 target action plan.
(3) Identification of measures to improve equity in actions to meet the region’s greenhouse gas emissions reduction targets, including air pollution reduction benefits, public health benefits, job-housing fit benefits, and antidisplacement benefits.
(4) Identification of significant local land use decisions and transportation projects that interfere with the achievement of the region’s greenhouse gas emissions reduction targets, including, but not limited to, zoning or other ordinances or policies that would substantially conflict with or obstruct the implementation of a sustainable communities strategy or alternative planning strategy, if one is prepared.
(5) Designation of high-priority investment areas that will result in infill, transit-oriented, or walkable development, or will significantly contribute to the achievement of the 2035 regional greenhouse gas emissions reduction target.
(6) Corrective actions and a timeline to get the metropolitan planning organization on track to meet its greenhouse gas emissions reduction targets for 2035, including, but not limited to, near-term actions and a priority list of transformative projects that need additional federal or state funding.
(7) A proposed expenditure plan for the block grant based on the formula developed by the council.
(8) The 2035 target action plan shall not be considered a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

75219.5.
 (a) For purposes of this section, “15-minute city” means a portion of a city or unincorporated county where every resident has access to essential services, such as restaurants, grocery stores, medical care facilities, outdoor recreation, employment, childcare, and educational opportunities, within a 15-minute bicycle ride or public transit ride.
(b) To support the planning and development of sustainable communities, on or before July 1, 2023, the Office of Planning and Research shall develop, in consultation with the Department of Housing and Community Development, a guidance document to provide best practices for establishing 15-minutes cities, including existing opportunities for securing state grant funding for the development of 15-minute cities.
(c) The Office of Planning and Research shall publish the guidance document on its internet website.

SEC. 5.Section 2380 of the Streets and Highways Code is amended to read:
2380.

There is hereby established the Active Transportation Program in the department for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. It is the intent of the Legislature that the program achieve all of the following goals:

(a)Increase the proportion of trips accomplished by biking and walking.

(b)Increase safety and mobility for nonmotorized users.

(c)Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008), Senate Bill 391 (Chapter 585, Statutes of 2009), and Assembly Bill 285 (Chapter 605, Statutes of 2019).

(d)Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.

(e)Ensure that disadvantaged communities fully share in the benefits of the program.

(f)Provide a broad spectrum of projects to benefit many types of active transportation users.

(g)Pilot innovative and transformative active transportation projects, including, but not limited to, bicycle highways and the facilitation of 15-minute cities.

SEC. 6.Section 2380.5 is added to the Streets and Highways Code, to read:
2380.5.

For purposes of this chapter, “15-minute city” means a portion of a city or unincorporated county where every resident has access to essential services, such as restaurants, grocery stores, medical care facilities, outdoor recreation, employment, childcare, and educational opportunities, within a 15-minute bicycle ride.

SEC. 7.Section 2382.5 is added to the Streets and Highways Code, to read:
2382.5.

(a)On or before July 1, 2023, the commission, in consultation with the Active Transportation Program Workgroup, shall revise the adopted guidelines and project selection criteria for the Active Transportation Program to include provisions for pilot innovative and transformative active transportation projects, including the proposal submitted pursuant to Section 2386, and projects that facilitate the creation of 15-minute cities through active transportation investments.

(b)The commission may update the adopted guideline and project selection criteria.

SEC. 8.SEC. 5.

 Section 2386 is added to the Streets and Highways Code, to read:

2386.
 (a) On or before January, 1 January 1, 2023, the department shall submit a proposal for the development, including the selection, of sites for a pilot program establishing branded networks of bicycle highways that are numbered and signed within two of California’s major metropolitan areas in different regions of the state.
(b) The pilot program shall restrict use of a network to bicyclists, and ensure the network contains intermittent entrances and exits, serves trips of 5 miles or more, and supports higher speed travel of up to 25 miles per hour.
(c) The department shall select the sites for the pilot program based on regional support, connectivity to other bike routes, and potential to maximize active transportation and its associated benefits.
(d) Upon submitting the proposal, the department shall present the proposal, including the selected sites, to the California Transportation Commission for approval. If the commission approves the proposal, the proposal shall be eligible for funding through the Active Transportation Program. review and comment, including making recommendations for potential funding sources for constructing the bicycle highways.
(e) On or before July 1, 2026, the department shall report to the relevant policy committees of the Legislature on the status of the pilot program and recommendations for the development of additional networks of bicycle highways.
(f) (1) A report to be submitted pursuant to subdivision (e) 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 January 1, 2030.

SEC. 9.SEC. 6.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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