Bill Text: CA AB31 | 2011-2012 | Regular Session | Amended
Bill Title: Land use: high-speed rail: local master plan.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB31 Detail]
Download: California-2011-AB31-Amended.html
BILL NUMBER: AB 31 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2011
AMENDED IN ASSEMBLY FEBRUARY 14, 2011
INTRODUCED BY Assembly Member Beall
DECEMBER 6, 2010
An act to amend Sections 53395.1 and 65080 of, to add Sections
53395.8 and 65460.2.5 to, and to add Chapter 9.5 (commencing with
Section 66050) to Division 1 of Title 7 of, the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 31, as amended, Beall. Land use: high-speed rail: local master
plan.
(1) The California High-Speed Rail Act establishes the High-Speed
Rail Authority to develop and implement an intercity high-speed rail
system in the state, exclusively grants to the authority the
responsibility for planning, construction, and operation of that
system, and confers upon the authority specified powers and duties
relating to that system.
The Planning and Zoning Law requires each city and county to
prepare and adopt a comprehensive, long-term general plan for the
physical development of the city or county and any land outside its
boundaries that bears relation to its planning.
This bill would establish the High-Speed Rail Local Master Plan
Pilot Program, applicable to specified cities and counties, and would
authorize each of those jurisdictions to prepare and adopt, by
ordinance, a master plan for development in the areas surrounding the
high-speed rail system in each jurisdiction. The bill would
authorize the high-speed rail master plan to include incentives for
encouraging investment and coherent growth in the areas surrounding
the high-speed rail system in each participating jurisdiction. The
bill would also authorize the participating jurisdictions to
collaborate with the State Air Resources Board to develop incentives
to encourage development while concurrently reducing greenhouse gas
emissions, consistent with or pursuant to the California Global
Warming Solutions Act of 2006 or another specified provision of law
requiring the board to provide greenhouse gas emission reduction
targets for the preparation of regional sustainable communities
strategies. The bill would authorize the master plan to exceed the
requirements of the jurisdiction's general plan or the applicable
regional sustainable communities strategy with respect to fostering
sustainable communities around the high-speed rail system.
(2) Existing law authorizes the legislative body of a city or
county to adopt an infrastructure financing plan for the purpose of
financing certain infrastructure facilities, if specified procedural
requirements are met, and requires the legislative body, if it adopts
the plan, to submit the proposal to create an infrastructure
financing district pursuant to the plan to qualified electors of the
proposed district. Existing law authorizes the legislative body to
implement the infrastructure financing plan and create an
infrastructure financing district, by ordinance, if 2/3 of the
qualified electors of the proposed district vote in favor of adoption
of the plan and creation of the district, and also authorizes the
legislative body to initiate proceedings to issue bonds to finance
the infrastructure facilities if 2/3 of those electors vote in favor
of the issuance.
This bill would provide that, with respect to an infrastructure
financing district proposed to implement a high-speed rail master
plan, an election is not required to form the district, implement the
infrastructure financing plan, or issue the infrastructure
facilities bonds, and the geographic boundaries of this type of
district are authorized to extend up to one mile from
the station platform, but not farther than the limits of the
area covered by the jurisdiction's high-speed rail master plan.
The bill would prohibit the formation of this type of
infrastructure financing district unless the city or
county has prepared an environmental impact report that provides that
the base population density within the area covered by the
high-speed rail master plan has increased.
(3) Existing law requires each metropolitan planning organization
to prepare a sustainable communities strategy, as specified, for
inclusion in the applicable regional transportation plan. Existing
law requires the metropolitan transportation organization, in
preparing the sustainable communities strategy, to consider spheres
of influence that have been adopted by the local agency formation
commissions within its region.
This bill would instead authorize each metropolitan planning
organization, in preparing the sustainable communities strategy, to
consider spheres of influence that have been adopted by the local
agency formation commissions within its region, and the high-speed
rail system, any high-speed rail station established within the
region, and any associated effects of either that bears relation to
the sustainable communities strategy.
(4) The Transit Village Development Planning Act of 1994
authorizes a city or county to prepare a transit village plan for a
transit village development district, addressing specified
characteristics.
This bill would require a city or county, if it finances any
portion of a transit village development district pursuant to
provisions of law relating to infrastructure financing districts, to
use at least 20% of property tax increment revenue it receives
pursuant to those provisions of law to increase, improve, and
preserve the supply of affordable housing, as defined, within the
transit village development district.
(5) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare or cause to be prepared, and to
certify the completion of, an environmental impact report (EIR) on a
project it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds the project will not have that effect.
This bill would require a participating city or county to prepare
an EIR for its high-speed rail master plan in accordance with CEQA,
and would exempt any proposed development project within the area of
that plan that is consistent with that plan from CEQA.
(6)This bill would make legislative findings and declarations as
to the necessity of a special statute for the cities and counties
described above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53395.1 of the Government Code is amended to
read:
53395.1. Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.
(a) "Affected taxing entity" means any governmental taxing agency
which levied or had levied on its behalf a property tax on all or a
portion of the property located in the proposed district in the
fiscal year prior to the designation of the district, but not
including any county office of education, school district, or
community college district.
(b) "City" means a city, a county, or a city and county.
(c) "Debt" means any binding obligation to repay a sum of money,
including obligations in the form of bonds, certificates of
participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses,
or individuals.
(d) "Designated official" means the city engineer or other
appropriate official designated pursuant to Section 53395.13.
(e) (1) "District" means an infrastructure financing district.
(2) An infrastructure financing district is a "district" within
the meaning of Section 1 of Article XIII A of the California
Constitution.
(f) "Infrastructure financing district" means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing public facilities.
(g) "Landowner" or "owner of land" means any person shown as the
owner of land on the last equalized assessment roll or otherwise
known to be the owner of the land by the legislative body. The
legislative body has no obligation to obtain other information as to
the ownership of land, and its determination of ownership shall be
final and conclusive for the purposes of this chapter. A public
agency is not a landowner or owner of land for purposes of this
chapter, unless the public agency owns all of the land to be included
within the proposed district.
(h) "Legislative body" means the city council or board of
supervisors.
(i) "Transit facility" includes, but is not limited to, any
publicly owned facility and amenity necessary to implement a
high-speed rail master plan adopted pursuant to Chapter 9.5
(commencing with Section 66050) of Division 1 of Title 7.
(j) "Master plan" means a master plan developed pursuant to the
High-Speed Rail Local Master Plan Pilot Project (Chapter 9.5
(commencing with Section 66050) of Division 1 of Title 7).
SEC. 2. Section 53395.8 is added to the Government Code, to read:
53395.8. (a) (1) With respect to an infrastructure financing
district proposed to implement a high-speed rail master plan adopted
pursuant to Chapter 9.5 (commencing with Section 66050) of Division 1
of Title 7, an election is not required to form an infrastructure
financing district, adopt an infrastructure financing plan, or issue
bonds pursuant to this chapter.
(2) The geographic boundaries of this type of infrastructure
financing district may extend to up to one
mile from the station platform, but shall not extend beyond the
limits of the area covered by the jurisdiction's
high-speed rail master plan.
(b) Any other provision of this chapter applies to the formation
of an infrastructure financing district and the adoption of an
infrastructure financing plan.
(c) An infrastructure financing district may be formed pursuant to
this section only after the city or county provides in its
environmental impact report prepared pursuant to subdivision (f) of
Section 66050 that the base population density within the area
covered by the high-speed rail master plan has increased.
SEC. 3. Section 65080 of the Government Code is amended to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall be an internally
consistent document and shall include all of the following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators , including, but not limited to, all of
the following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, daily vehicle hours of delay per capita and vehicle
miles traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing 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 prior to setting the targets.
(ii) Prior to 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).
(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 prior to 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 utilize 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 community strategy, provided
that it complies with clauses (vii) and (viii) of subparagraph (B).
(D) In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, 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 public participation plans
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 to , 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, homebuilder representatives, broad-based
business organizations, landowners, commercial property interests,
and homeowner associations.
(ii) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.
(iii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear understanding
of the issues and policy choices. At least one workshop shall be held
in each county in the region. For counties with a population greater
than 500,000, at least three workshops shall be held. Each workshop,
to the extent practicable, shall include urban simulation computer
modeling to create visual representations of the sustainable
communities strategy and the alternative planning strategy.
(iv) Preparation and circulation of a draft sustainable
communities strategy and an alternative planning strategy, if one is
prepared, not less than 55 days before adoption of a final regional
transportation plan.
(v) At least three public hearings on the draft sustainable
communities strategy in the regional transportation plan and
alternative planning strategy, if one is prepared. If the
metropolitan transportation organization consists of a single county,
at least two public hearings shall be held. To the maximum extent
feasible, the hearings shall be in different parts of the region to
maximize the opportunity for participation by members of the public
throughout the region.
(vi) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.
(G) In preparing a sustainable communities strategy, the
metropolitan planning organization may consider both of the
following:
(i) Spheres of influence that have been adopted by the local
agency formation commissions within its region.
(ii) The high-speed rail system, any high-speed rail station
established within the region, and any associated effects of either
that bears relation to the sustainable communities strategy.
(H) Prior to 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 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) Prior to 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.
(K) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (J), shall either one be subject to any state
approval. Nothing in a 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
provision of 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 shall require a
city's or county's land use policies and regulations, including its
general plan, to be consistent with the regional transportation plan
or an alternative planning strategy. Nothing in this 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.
(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 Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2, or (iii) were specifically listed in a ballot
measure prior to 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 prior to 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 prior to 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 prior to the date of the
public hearing. Notice of election shall be promptly given to the
Department of Housing and Community Development. The metropolitan
planning organization or the regional transportation planning agency
shall complete its next regional transportation plan within three
years of the notice of election.
(N) Two or more of the metropolitan planning organizations for
Fresno County, Kern County, Kings County, Madera County, Merced
County, San Joaquin County, Stanislaus County, and Tulare County may
work together to develop and adopt multiregional goals and policies
that may address interregional land use, transportation, economic,
air quality, and climate relationships. The participating
metropolitan planning organizations may also develop a multiregional
sustainable communities strategy, to the extent consistent with
federal law, or an alternative planning strategy for adoption by the
metropolitan planning organizations. Each
participating metropolitan planning
organization shall consider any adopted multiregional goals and
policies in the development of a sustainable communities strategy
and, if applicable, an alternative planning strategy for its region.
(3) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all transportation
projects proposed for development during the 20-year or greater life
of the plan. The action element shall consider congestion management
programming activities carried out within the region.
(4) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. A county transportation commission created
pursuant to Section 130000 of the Public Utilities Code shall be
responsible for recommending projects to be funded with regional
improvement funds, if the project is consistent with the regional
transportation plan. The first five years of the financial element
shall be based on the five-year estimate of funds developed pursuant
to Section 14524. The financial element may recommend the development
of specified new sources of revenue, consistent with the policy
element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(C) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined in Section 65080.01, for the
purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system and
farm-to-market and interconnectivity transportation needs. The
metropolitan planning organization or county transportation agency,
whichever entity is appropriate, shall also consider financial
assistance for counties to address countywide service
responsibilities in counties that contribute toward the greenhouse
gas emission reduction targets by implementing policies for growth to
occur within their cities.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) 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. Prior to 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.
SEC. 4. Section 65460.2.5 is added to the Government Code, to
read:
65460.2.5. If a city, county, or city and county finances any
portion of a district, as defined in this article, under the
provisions of Chapter 2.8 (commencing with Section 53395) of Part 1
of Division 2 of Title 5, the city, county, or city and county shall
do all of the following:
(a) Use at least 20 percent of all revenues derived from the
property tax increment under Chapter 2.8 (commencing with Section
53395) of Part 1 of Division 2 of Title 5 for the purposes of
increasing, improving, and preserving the supply of lower and
moderate-income housing available in the district at affordable
housing cost, as defined in Section 50052.5 of the Health and Safety
Code, and occupied by persons and families of low or moderate income,
as defined in Section 50093 of the Health and Safety Code, lower
income households, as defined in Section 50079.5 of the Health and
Safety Code, very low income households, as defined in Section 50105
of the Health and Safety Code, and extremely low income households,
as defined in Section 50106 of the Health and Safety Code. The amount
of very low, low- and moderate-income housing shall be in compliance
with the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code) and any
adopted policies of the city, county, or city and county that adopted
the transit village plan.
(b) Require that housing units described in subdivision (a) remain
available at affordable housing cost to, and occupied by, persons
and families of low or moderate income and very low income and
extremely low income households for the longest feasible time, but
for not less than 55 years for rental units and 45 years for
owner-occupied units. The covenants or restrictions implementing this
requirement shall be in compliance with subdivision (f) of Section
33334.3 of the Health and Safety Code.
(c) Rehabilitate, develop, or construct, or cause to be
rehabilitated, developed, or constructed for rental or sale to
persons and families of low or moderate income an equal number of
replacement dwelling units that have an equal or greater number of
bedrooms as the destroyed or removed units, at affordable housing
costs within the district, and within four years after the
destruction or removal, whenever dwelling units housing persons and
families of low or moderate income are destroyed or removed from the
low- and moderate-income housing market as part of the development of
a district that is subject to a written agreement with the city,
county, or city and county, or when financial assistance has been
provided by the city, county, or city and county. The replacement
dwelling units shall be available at affordable housing cost to, and
occupied by, persons and families in the same or a lower income
category as the persons and families displaced from those destroyed
or removed units.
(d) Include in the transit village plan both of the following:
(1) As one of the five demonstrable public benefits required by
subdivision (f) of Section 65460.2, either an increased stock of
affordable housing or live-travel options for transit-needy groups.
(2) Provisions to implement subdivisions (a) and (b) and paragraph
(1).
SEC. 5. Chapter 9.5 (commencing with Section 66050) is added to
Division 1 of Title 7 of the Government Code, to read:
CHAPTER 9.5. HIGH-SPEED RAIL LOCAL MASTER PLAN PILOT PROGRAM
66050. This chapter shall be known and may be cited as the
High-Speed Rail Local Master Plan Pilot Program.
66051. (a) The cities and counties in the central valley
Cities and counties that have an approved
station, as authorized and approved by the High-Speed Rail Authority,
may participate in the pilot program. The planning agency of each
participating jurisdiction may prepare and adopt, by ordinance, a
master plan for development of the areas surrounding the high-speed
rail system in each jurisdiction. The master plan may be
incorporated into the city's or county's general plan or a specific
plan.
(b) The high-speed rail master plan may include incentives for
encouraging investment and coherent growth in the areas surrounding
the high-speed rail system.
(c) Each participating jurisdiction may collaborate with the State
Air Resources Board to develop incentives to encourage development
while concurrently reducing greenhouse gas emissions, consistent with
or pursuant to the California Global Warming Solutions Act of 2006
(Part 1 (commencing with Section 38500) of Division 25.5 of the
Health and Safety Code) or subparagraph (A) of paragraph (2) of
subdivision (b) of Section 65080.
(d) The master plan may exceed the requirements of the
jurisdiction's general plan or the applicable regional sustainable
communities strategy, adopted pursuant to paragraph (2) of
subdivision (b) of Section 65080, with respect to fostering
sustainable communities around the high-speed rail system.
(e) A city or county that prepares and adopts a high-speed rail
master plan pursuant to subdivision (a) may finance any publicly
owned facility or amenity necessary to implement the master plan
under Chapter 2.8 (commencing with Section 53395) of Part 1 of
Division 2 of Title 5.
(f) In developing the high-speed rail master plan, the city or
county shall prepare an environmental impact report for the area
covered by the plan pursuant to Division 13 (commencing with Section
21000) of the Public Resources Code. Any proposed
development project Development projects within
the area covered by the high-speed rail master plan
infrastructure finance district and consistent
with the environmental impact report for that area
master plan shall be exempt from Division 13 (commencing
with Section 21000) of the Public Resources Code for the 10
years following the start of construction of the first building
.
SEC. 6. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the need to commence local planning relating to the
high-speed rail system in the region of the state where the initial
segments of the system will be located.
