Bill Text: CA AB1975 | 2021-2022 | Regular Session | Amended

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Bill Title: Local government: bus shelters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB1975 Detail]

Download: California-2021-AB1975-Amended.html

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Amended  IN  Assembly  April 18, 2022

Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1975

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Introduced by Assembly Member Nazarian

February 10, 2022

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An act to add Section 65852.23.5 to and repeal Article 5 (commencing with Section 50410) to Chapter 2 of Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 2030 of, and to add Section 2034.5 to, the Streets and Highways Code, relating to transportation. local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 1975, as amended, Nazarian. Transportation: bus shelter and street furniture siting: Road Maintenance and Rehabilitation Program: Local Streets and Roads Program. Local government: bus shelters.

Existing law sets forth provisions that govern the use of real property belonging to local agencies, as provided.

This bill would require each city, including a charter city, county, or city and county, to submit a report to the appropriate policy committees of the Legislature on or before January 1, 2024, and annually thereafter, that identifies the number of bus shelters within the local agency. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.

The bill would repeal its provisions as of January 1, 2028.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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.

(1)Existing law, the Planning and Zoning Law, sets forth various ministerial approval procedures for housing developments, including for multifamily housing developments satisfying specified objective planning standards, as specified.

This bill would require a local agency, as defined, that receives an application to site a bus shelter or other street furniture for the use of transit riders to review and approve or disapprove, as specified, the application ministerially, without discretionary review or a hearing. The bill would require every local agency to adopt an ordinance that governs the planning and siting of bus shelters or street furniture and that provides a ministerial, nondiscretionary approval process that complies with the bill’s requirements. The bill would require a local agency to apply the bill’s requirements regardless of whether it adopts an ordinance compliant with the bill. The bill would authorize a local agency to charge a fee in an amount not to exceed the cost it incurs for processing the bus shelter or street furniture planning and siting application. By imposing additional duties on local officials, the bill would impose a state-mandated local program.

(2)Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law authorizes funds made available by the program to be used for complete street components including, among other things, active transportation purposes and transit facilities. Existing law provides for the deposit of various funds, including revenues from certain increases in fuel taxes and vehicle fees, for the program into the Road Maintenance and Rehabilitation Account. After certain allocations for the program are made, existing law requires the remaining funds available for the program to be continuously appropriated 50% for allocation to the department for maintenance of the state highway system or for the State Highway Operation and Protection Program and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula. Existing law requires a city or county to submit to the California Transportation Commission a list of proposed projects, as specified, to be eligible for an apportionment of those funds. This portion of the Road Maintenance and Rehabilitation Program is commonly known as the Local Streets and Roads Program.

This bill would explicitly include “bus and pedestrian shelter and street furniture” as a complete street component under the Road Maintenance and Rehabilitation Program. If a city or county uses funds apportioned under the Local Streets and Roads Program for a bus and pedestrian shelter and street furniture project, the bill would state the intent of the Legislature that the city or county complete the project within 40 days of receiving the funds.

(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) Lack of shade is an issue of equity and climate justice in disadvantaged communities, in communities of color, and for low-income riders, as they are disproportionately exposed to rain, sun, and excessive heat caused by rising temperatures, exacerbated by the heat-island effects of pavement, and borne out by the scarcity of shade in cities and counties throughout California.

(b) According to StreetsLA and analysis conducted by Investing in Place, less than 25 percent of bus stops in the City of Los Angeles are covered or shaded.

(c) From 1980 to 2000, there were an average of six annual extreme heat days in Los Angeles. By 2050, that number is predicted to be 22 days. In 2020, emergency room visits increased by 10 times the normal number during record-breaking heat as high as 121 degrees in the County of Los Angeles. California’s 2021 heat wave broke records across the state, with Sacramento topping out at 109 degrees and the Coachella Valley having its hottest year ever with temperatures reaching 123 degrees.

(d) The urban heat effect and climate change means that urban areas are much hotter than surrounding areas and will continue to become hotter, leading to more smog, wildfires, poor air quality, respiratory illness, heart-related illness, and hospital visits.

(e) Roofs and pavements can be 50 to 90 degrees Fahrenheit hotter than the air and in urban areas like Los Angeles, where 40 percent of the total land area is covered in asphalt and only 21 percent is covered by trees, air temperatures are up to 19 degrees Fahrenheit hotter.

(f) An EnviroMetro study survey asked participants what improvements they would like to see at bus stops and the greatest majority (72 percent) indicated shaded structures at stops and a place to sit down as the greatest need.

(g) Shade structures can lower the temperature of surfaces beneath them by 25 to 40 degrees Fahrenheit.

(h) Bus shelters can also provide for the safety, convenience, accessibility, and comfort of bus riders. Emergency call buttons, lighting, and real-time bus schedules are some examples of critical safety features.

(i)LA Metro and other state-created transportation entities can site or relocate bus stops without consent from municipalities that its bus system serves. However, they must negotiate every bus shelter or street furniture placement with each municipality and leave amenity planning to them, which slows approval and implementation of improvements that riders need. This has resulted in the locations of shelters largely being chosen for their advertising value, rather than their value to riders.

(j)

(i) A study by the national group TransitCenter found that bus shelter quality and quantity in Los Angeles lagged far behind other cities because “obtaining a permit for any single piece of street furniture—including bus shelters—requires approval from the City Council, Public Works and eight other city agencies, and nearby property owners. A single veto from a Council member or an appeals process from a constituent can effectively kill a permit. Shelters and other street furniture can take six months or more to be approved and installed—if they are approved at all.” As a result, half as many bus shelters were installed in the City of Los Angeles compared to the City of New York in the same five-year period.

SEC. 2.Section 65852.23.5 is added to the Government Code, to read:

65852.23.5.

(a)For purposes of this section, the following definitions shall apply:

(1)“Local agency” means a city, including a charter city, county, or city and county.

(2)“Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(3)“Street furniture” means objects and pieces of equipment installed along a street or road to provide amenities for pedestrians. “Street furniture” includes, but is not limited to, a bus shelter, trash receptacle, bench, or public toilet.

(b)The purpose of this section is to ensure that a bus shelter is treated as a critical infrastructure asset and that the planning, siting, funding, installation, and maintenance of bus shelters or street furniture at approved bus stops is streamlined across jurisdictions and this streamlined process overrides local ordinances.

(c)(1)When a local agency receives an application to site a bus shelter or other street furniture for the use of transit riders, the local agency shall review and approve or disapprove the application ministerially, without discretionary review or a hearing, in compliance with this section.

(2)(A)The local agency’s review of an application to site a bus shelter or other street furniture shall be limited to whether the siting meets all health and safety requirements of local, state, and federal law, and the local requirements described in subparagraph (B).

(B)The requirements of local law shall be limited to the following:

(i)Those standards and regulations necessary to ensure that the siting will not have a specific, adverse impact upon the public health or safety.

(ii)Those standards relating to the safety, convenience, accessibility, and comfort of bus patrons, pedestrians, cyclists, vehicular operations, and other uses of the public rights-of-way. These standards may include curb extensions, bus pads, designated bus boarding and alighting areas, utilizing and signage re-arrangements, hydration stations, bus stop safety lighting, emergency call buttons, accessible street furniture, litter or recycling receptacles, real-time bus schedule time, broadband internet access, and any other technical specifications required to implement a new bus stop.

(iii)The siting of the bus shelter or other street furniture shall not interfere with any advertising or maintenance contract entered into prior to January 1, 2023. This clause does not apply to advertising or maintenance contracts entered into prior to January 1, 2023, but renewed after January 1, 2023.

(C)A local agency shall not deny an application pursuant to this section based on a local ordinance, policy, or regulation that does not comply with this section.

(3)Any conditions imposed on an application pursuant to this section shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

(d)(1)The local agency shall deem, within 10 business days after an application is submitted pursuant to this section, an application complete or incomplete. If the application is incomplete, the local agency shall issue a written correction notice detailing all deficiencies in the application. The application shall be considered complete if the local agency fails to deem the application complete or incomplete, and issue the written correction notice if incomplete, within the required time period.

(2)The local agency shall consider and approve or disapprove the application within 60 days after receiving the application, if it has an ordinance with an approval process that complies with this section, or within 40 days if it does not have an ordinance with an approval process that complies with this section. An application shall be considered approved if the local agency fails to approve or disapprove the application within the required time period.

(e)(1)Every local agency shall adopt an ordinance that governs the planning and siting of a bus shelter or street furniture and provides a ministerial, nondiscretionary approval process that complies with this section. A local ordinance that fails to meet the requirements of this section shall be null and void. A local agency shall be required to apply the requirements of this section even if the local agency does not adopt an ordinance that complies with this section.

(2)Notwithstanding any law, in unincorporated areas, the county shall have sole discretion on siting bus shelters or other street furniture pursuant to this section.

(f)A local agency may charge a fee in an amount not to exceed the costs it incurs for processing an application pursuant to this section.

SEC. 3.Section 2030 of the Streets and Highways Code is amended to read:

2030.

(a)The Road Maintenance and Rehabilitation Program is hereby created to address deferred maintenance on the state highway system and the local street and road system. Funds made available by the program shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects.

(b)(1)Funds made available by the program shall be used for projects that include, but are not limited to, the following:

(A)Road maintenance and rehabilitation.

(B)Safety projects.

(C)Railroad grade separations.

(D)Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, bus and pedestrian shelter and street furniture, and drainage and stormwater capture projects in conjunction with any other allowable project.

(E)Traffic control devices.

(2)Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision.

(c)To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.

(d)To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies that may include, but are not necessarily limited to, charging or fueling opportunities for zero-emission vehicles, and provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicle systems.

(e)To the extent deemed cost effective, and where feasible, in the context of both the project scope and the risk level for the asset due to global climate change, the department and cities and counties receiving funds under the program shall include features in the projects funded by the program to better adapt the asset to withstand the negative effects of climate change and make the asset more resilient to impacts such as fires, floods, and sea level rise.

(f)To the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, and where feasible, the department and cities and counties receiving funds under the program shall incorporate complete street elements into projects funded by the program, including, but not limited to, elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities.

(g)For purposes of funds directed to the State Highway Operation and Protection Program, the guidelines and reporting provisions shall be consistent with Section 14526.5 of the Government Code.

(h)Guidelines adopted by the commission to facilitate the allocation of funds in the Road Maintenance and Rehabilitation Account shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

SEC. 4.Section 2034.5 is added to the Streets and Highways Code, to read:

2034.5.

If a city or county uses funds apportioned pursuant to Section 2034 for a bus and pedestrian shelter and street furniture project, it is the intent of the Legislature that the city or county complete the project within 40 days of receiving the funds.

SEC. 2.

 Article 5 (commencing with Section 50410) is added to Chapter 2 of Part 1 of Division 1 of Title 5 of the Government Code, to read:

Article  5. Bus Shelters

50410.

 (a) For purposes of this section, “local agency” means a city, including a charter city, county, or city and county.

(b) On or before January 1, 2024, and annually thereafter, each local agency shall submit a report to the appropriate policy committees of the Legislature that identifies the number of bus shelters within the local agency.

50411.

 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 5.SEC. 3.

 The Legislature finds and declares that the streamlining identification of bus shelter and street furniture siting to protect the public’s health and safety shelters is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Section 65852.23.5 Article 5 (commencing with Section 50410) of Chapter 2 of Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.

SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 4.

 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.