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<ns0:Id>20250SB__108798AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>1087</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Cabaldon</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Cabaldon</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 14522, 14522.1, 14526.4, 65080, and 65080.01 of, and to add Section 65080.03 to, the Government Code, and to amend Sections 2033.5, 2192, 2391, 2392, 2393, 2394, and 2397 of the Streets and Highways Code, relating to transportation. </ns0:Title>
<ns0:RelatingClause>transportation</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Transportation planning: sustainable communities strategies: transportation funding programs.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires a regional transportation plan to include a policy element, a sustainable communities strategy prepared by a metropolitan planning organization, an action element, and a financial element, as provided. Existing law requires those transportation planning agencies to adopt and submit every 4 years, except as provided, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation.
</html:p>
<html:p>Existing law requires a sustainable communities strategy to achieve regional targets set by the State Air Resources Board for the reduction of greenhouse gas emissions from the automobile and light truck sector in the region for 2020 and 2035, respectively, and requires the state board to update those targets every 8 years, consistent with each metropolitan planning organization’s timeframe for updating its regional transportation plan, as specified. Existing law establishes certain procedural requirements for setting and updating those targets and authorizes the state board to revise the targets every 4 years based on changes in specified factors.</html:p>
<html:p>This bill would instead require, commencing with the first or 2nd regional transportation plan prepared on
or after January 1, 2027,
as determined by the applicable metropolitan planning organization, the regional transportation plan to include an 8-year sustainable communities strategy prepared by the metropolitan planning organization. Upon the submission of a regional transportation plan that does not include a new sustainable communities strategy, the bill would require the metropolitan planning organization to submit a sustainable communities strategy implementation report.</html:p>
<html:p>This bill would instead require, no later than an unspecified number of years before the due date of a region’s next sustainable communities strategy, the state board to provide the region with a greenhouse gas emission reduction target for all on-road transportation sectors for 2035, and would require the target to reflect the combined effect of policies, regulations, and investments to improve fleet efficiency and reduce vehicle miles traveled and be based on what is achievable for the region, as specified. The bill would require the state board to appoint a Regional Targets Advisory Committee to recommend factors and methodologies for setting those targets and to recommend how other specified state goals should be balanced in setting those targets. The bill would eliminate the authority of the state board to revise the targets every 4 years and would establish additional public participation requirements for the state board to undertake before updating those
targets.</html:p>
<html:p>Because the bill would expand duties of local agencies, it would impose a state-mandated local program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law, to the extent the sustainable communities strategy is unable to achieve the greenhouse gas emission reduction targets, requires a metropolitan planning organization to prepare an alternative planning strategy to the sustainable communities strategy showing how the targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. Existing law requires the state board to review each metropolitan planning organization’s sustainable communities strategy and alternative planning strategy to determine whether the strategy, if implemented, would achieve the greenhouse gas emission reduction targets.
</html:p>
<html:p>This bill would transfer the responsibility to review sustainable communities strategies and alternative planning strategies from the state board to the commission and would revise the procedural requirements applicable to the commission’s review of those strategies. The bill would deem a sustainable communities strategy or alternative planning strategy approved for implementation and funding alignment purposes if the commission does not take certain actions within specified and unspecified deadlines.</html:p>
<html:p>This bill would revise the requirements applicable to the preparation of an alternative planning strategy, including by requiring the metropolitan planning organization to include an analysis of an alternative development pattern for the region and, if necessary, additional infrastructure, transportation measures, or
policies that could achieve the greenhouse gas emission reduction target. The bill would eliminate a requirement that an alternative development pattern be a separate document from the regional transportation plan.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law authorizes the commission, in cooperation with regional transportation planning agencies, to prescribe guidelines for the preparation of regional transportation plans.
</html:p>
<html:p>This bill would require the commission to adopt guidelines for the preparation of regional transportation plans and sustainable communities strategies. In adopting the portion of the guidelines applicable to the preparation of sustainable communities strategies, the bill would require the commission to collaborate with the state board and to prescribe acceptable technical methodologies that may be employed to estimate emissions of greenhouse gases and the required contents of the sustainable communities
strategy implementation reports described above.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
</html:p>
<html:p>This bill would exempt the preparation and adoption of regional transportation plans, sustainable communities strategies, and
alternative planning strategies from CEQA if the applicable metropolitan planning organization or regional transportation planning agency conducts enhanced public outreach, as provided. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing law requires the department, in consultation with the commission, to prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program.
</html:p>
<html:p>This bill would require the commission, in connection with the asset management plan, to coordinate with regional transportation planning agencies and
metropolitan planning organizations, as applicable, to ensure that regionally significant projects, as defined, selected for the state highway operation and protection program align with the timing, phasing, and scope of projects included in applicable regional transportation plans.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Existing law requires the commission, under a program commonly known as the Trade Corridor Enhancement Program, to allocate certain state and federal funds to infrastructure projects located on or along specified transportation corridors. Existing law establishes the Solutions for Congested Corridors Program and requires the commission to allocate state funds made available to the program to projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state. Under both programs, existing law requires projects within the boundaries of a metropolitan planning
organization to be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the state board to achieve the region’s greenhouse gas emissions reduction targets.
</html:p>
<html:p>For purposes of those programs, the bill would instead require, if the metropolitan planning organization has adopted an alternative planning strategy, the projects to reduce greenhouse gas emissions.</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Existing law requires funding to be available under the Solutions for Congested Corridors Program for projects that make specific performance improvements and are part of a comprehensive corridor plan designed to reduce congestion in highly traveled corridors. Existing law authorizes the department and certain regional transportation planning agencies to nominate projects for
funding through the program.
</html:p>
<html:p>This bill would eliminate the requirement that a project be a part of a comprehensive corridor plan and would require funding to be available under the program for projects that, among other things, make specific performance improvements and support the implementation of a regional transportation plan. The bill would revise the requirements applicable to a project nomination under the program. The bill would require the commission to allocate program funds to projects after the relevant metropolitan planning organization or transportation planning agency has made a determination that a proposed project is consistent with the phasing, timing, and project scope included in the adopted regional transportation plan, as specified.</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
<html:p>With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 14522 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>14522.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
In cooperation with the regional transportation planning agencies, the commission may prescribe study areas for analysis and evaluation by those agencies and shall adopt guidelines for the preparation of regional transportation
plans and sustainable communities strategies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In adopting the portion of the guidelines applicable to the preparation of sustainable communities strategies, the commission shall collaborate with the State Air Resources Board and shall prescribe both of the following in the guidelines:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Acceptable technical methodologies that metropolitan planning organizations and regional transportation planning agencies may employ to estimate the emissions of greenhouse gases in a manner that is consistent with the target methodology provided in subparagraph (A) of paragraph (2) of subdivision (b) of Section 65080.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The required contents of the sustainable communities strategy implementation reports
required by subparagraph (O) of paragraph (2) of subdivision (d) of Section 65080.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 14522.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>14522.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission, in consultation with the department and the State Air Resources Board, shall maintain guidelines for travel demand models used in the development of regional transportation plans and sustainable communities strategies by federally designated metropolitan planning organizations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any revision of the guidelines shall include the formation of an advisory committee that shall include representatives of the metropolitan planning organizations, the department, organizations knowledgeable in the creation and use of travel demand models, local governments, and organizations concerned with the impacts of transportation
investments on communities and the environment. Before amending the guidelines, the commission shall hold two workshops on the guidelines, one in northern California and one in southern California. The workshops shall be incorporated into regular commission meetings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The guidelines shall, at a minimum and to the extent practicable, taking into account such factors as the size and available resources of the metropolitan planning organization, account for all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The relationship between land use density and household vehicle ownership and vehicle miles traveled in a way that is consistent with statistical research.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The impact of enhanced transit service levels on household vehicle ownership and vehicle miles traveled.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Changes in travel and land development likely to result from highway or passenger rail expansion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Mode splitting that allocates trips between automobile, transit, carpool, and bicycle and pedestrian trips. If a travel demand model is unable to forecast bicycle and pedestrian trips, another means may be used to estimate those trips.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Speed and frequency, days, and hours of operation of transit service.
</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 14526.4 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_CA7E2760-649A-42CF-B54A-5F1427E394CF">
<ns0:Num>14526.4.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department, in consultation with the commission, shall prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program required by Section 14526.5. The asset management plan shall be consistent with any applicable state and federal requirements.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall include complete streets assets in the asset management plan, including pedestrian, bicycle, and transit priority facilities on the state highway system that are not required under the federal Americans with Disabilities Act of 1990 (Public Law 101-336).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In connection with the asset management plan, the commission shall do
all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adopt targets and performance measures reflecting state transportation goals and objectives, including for complete streets assets that reflect the existence and conditions of bicycle, pedestrian, and transit priority facilities on the state highway system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Coordinate with regional transportation planning agencies and metropolitan planning organizations, as applicable, to ensure that regionally significant projects, as defined in Section 93.101 of Title 40 of the Code of Federal Regulations, selected for the state highway operation and protection program align with the timing, phasing, and scope of projects included in applicable regional transportation plans.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Review and approve the asset management plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in this section, “asset management plan” means a document assessing the health and condition of the state highway system with which the department is able to determine the most effective way to apply the state’s limited resources.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 65080 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_760C2A16-D24F-4759-9EBB-0922EB6B204D">
<ns0:Num>65080.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The regional transportation plan shall be an internally consistent document and shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles
traveled per capita.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Measures of means of travel, including, but not limited to, percentage share of all trips, work and nonwork, made by all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Single-occupant vehicle.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Multiple occupant vehicle or carpool.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Public transit including commuter rail and intercity rail.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Walking.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Bicycling.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing with the first or
second regional transportation plan prepared on or after January 1, 2027, as determined by the applicable metropolitan planning organization, an eight-year sustainable communities strategy prepared by
that metropolitan planning organization as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
No later than ____ years before the due date of a region’s next sustainable communities strategy, the state board shall provide the region with
a
greenhouse gas emission reduction target for all on-road transportation sectors for 2035.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
No later than ____, the state board shall appoint a Regional Targets Advisory Committee to recommend all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
How state fair housing, affordability, resilience,
economic vibrancy, and land conservation goals should be balanced in setting greenhouse gas emission reduction targets for the affected regions.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The advisory committee shall include practitioners and technical and policy experts.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The advisory committee shall transmit a report with its recommendations to the state board no later than ____. The state board shall consider the report before setting the targets.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Before setting the target 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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Consistent with clause (vi), 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 the emissions of greenhouse gases in the affected
regions, consistent with the state board’s most current model used to assess emissions from on-road vehicles, and prospective measures the state board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The targets established by the state
board shall do both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Reflect the combined effect of policies, regulations, and investments by cities, counties, special districts, county transportation agencies, air districts, metropolitan planning organizations, the state, and the federal government to improve fleet efficiency and reduce vehicle miles traveled.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Be based on what is achievable for the region, taking into account existing conditions, exogenous factors, and financial constraints. For purposes of this subclause, “existing conditions” includes, but is not limited to, existing resources, the built environment, and access to modes of travel outside of single-occupant passenger vehicles.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
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.
Before updating these targets, the state board shall do all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Exchange technical information with
the California Transportation Commission, the Department of Housing and Community Development, the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Release a draft target for public comment.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Publish its methodology and assumptions, including, but not limited to, fleet and budget assumptions, in a downloadable and accessible format on its internet website and make this information
available to the public and affected metropolitan planning organizations no fewer than 60 days before the release of a draft target.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Host at least two public workshops within the applicable region to engage in a consultative process with public and private stakeholders.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Hold a public hearing in the applicable region to solicit input on the region’s draft target.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
The state board shall adopt the final target and any subsequent changes to the target at a public hearing.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
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 that does not penalize regions for exogenous factors such as population, economic growth, or cross-border traffic.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Identify the general location of uses, residential densities, and building intensities within the region.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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, changes in enrollment levels at institutions of public higher education, as described in subdivision (a) of Section 66010 of the Education Code, household formation, and employment growth.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Identify a transportation network to service the transportation needs of the region.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Gather and consider the best practically available scientific information regarding resource areas and farmland in the
region.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Consider the state housing goals specified in Sections 65580 and 65581.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from all on-road transportation sectors to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction
target approved by the
state board.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Consultation with congestion management agencies, transportation agencies, and transportation commissions.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
A process for enabling members of the public to provide a single request to receive notices, information, and updates.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the
state board.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction target established by the state board, the metropolitan
planning organization shall prepare an alternative planning strategy. In preparing the alternative planning strategy, the metropolitan planning organization shall do all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Identify the principal impediments to achieving the target within the sustainable communities strategy.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Include an analysis of an alternative development pattern for the
region pursuant to subparagraphs (B) to (G), inclusive, and, if necessary, additional infrastructure, transportation measures, or policies that could achieve the greenhouse gas emission reduction target.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Describe why the
development pattern, measures, and policies in the analysis of alternative development pattern described in clause (II) are practicable and effective choices for achievement of the greenhouse gas emission reduction target.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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
target approved by the state board.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the California Transportation Commission of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The technical methodology shall be consistent with the state board’s most current model used to assess emissions from on-road vehicles.
The California Transportation Commission may object to the technical methodology. The California Transportation Commission’s review of the methodology shall be completed within 30 days of the submission of the technical methodology and shall be limited to whether the methodology aligns with the most recently adopted guidelines adopted by the commission pursuant to Section 14522.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the
California Transportation Commission for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result.
Within ____ days of the submission of a strategy, the California Transportation Commission shall review the sustainable communities strategy or alternative planning strategy for completeness and determine whether the metropolitan planning organization used required data sources, disclosed assumptions, and applied methodology in a manner consistent with the guidelines adopted pursuant to Section 14522. Within 60 days of the submission of a strategy, the California Transportation Commission shall make one of the following determinations:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The strategy would, if implemented, achieve the greenhouse gas emission reduction target established by the state board.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The strategy would, if implemented, achieve the greenhouse gas emission reduction target
established by the state board, but minor, nonsubstantive corrections must be made to the strategy.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The strategy would not, if implemented, achieve the greenhouse gas emission reduction target established by the state board. If the commission makes this determination, it shall disclose, in writing, the specific, material deficiencies demonstrating why the strategy would not achieve that target.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the California Transportation Commission does not comply with the requirements of clause (ii) within either of the deadlines forth in that clause, the strategy shall be deemed approved for implementation and funding alignment purposes.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If the California Transportation Commission determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction target, 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
minimum, the metropolitan planning organization shall obtain California Transportation Commission acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction target established for that region by the
state board.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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 to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning
organizations, the California Transportation Commission, the Department of Housing and Community Development, and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the
state board’s authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a 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. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they
(i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Two or more of the metropolitan planning organizations for the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare 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.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Upon the submission of a regional transportation plan that does not include a new sustainable communities strategy, the metropolitan planning organization shall submit a sustainable communities strategy implementation report consistent with the regional transportation plan guidelines adopted pursuant to Section 14522.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
State highway expansion.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
State highway rehabilitation, maintenance, and operations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Local road and street expansion.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Local road and street rehabilitation, maintenance, and operation.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Mass transit, commuter rail, and intercity rail expansion.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Mass transit, commuter rail, and intercity rail rehabilitation, maintenance,
and operations.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Pedestrian and bicycle facilities.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Environmental enhancements and mitigation.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Research and planning.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Other categories.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the California Transportation Commission by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The information reported on its internet website pursuant to paragraph (1)
shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A discussion of the
comparison’s results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The status of approvals for, funding for, construction of, and projected dates of operation
for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This
subdivision does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 65080.01 of the
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is amended to read:
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<ns0:Num>65080.01.</ns0:Num>
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<ns0:Content>
<html:p>The following definitions apply to terms used in Section 65080:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Air district” has the same meaning as the term “district,” as defined in Section 39025 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Consistent” has the same meaning as that term is used in Section 134 of Title 23 of the United States Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Farmland” means farmland that is outside all existing city spheres of influence or city limits as of January 1, 2008, and is one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Classified as prime or unique farmland or farmland of
statewide importance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Farmland classified by a local agency in its general plan that meets or exceeds the standards for prime or unique farmland or farmland of statewide importance.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Internally consistent” means that the contents of the elements of the regional transportation plan must be consistent with each other.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Resource areas” include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All publicly owned parks and open space.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Open
space or habitat areas protected by natural community conservation plans, habitat conservation plans, and other adopted natural resource protection
plans.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Habitat for species identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies or protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plan Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Lands subject to conservation or agricultural easements for conservation or agricultural purposes by local governments, special districts, or nonprofit 501(c)(3) organizations, areas of the state designated
by the State Mining and Geology Board as areas of statewide or regional significance pursuant to Section 2790 of the Public Resources Code, and lands under Williamson Act contracts.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Areas designated for open-space or agricultural uses in adopted open-space elements or agricultural elements of the local general plan or by local
ordinance.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Areas containing biological resources as described in Appendix G of the CEQA Guidelines that may be significantly affected by the sustainable communities strategy or the alternative planning strategy.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An area subject to flooding where a development project would not, at the time of development in the judgment of the agency, meet the requirements of the National Flood Insurance Program or where the area is subject to more protective provisions of state law or local ordinance.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“State board” means the State Air Resources Board.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6D0DCD02-01A9-4A3E-8FDB-73C4DF88AEF0">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 65080.03 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FB41B3AC-FD00-4F50-A3E5-8ED69A4EBEB8">
<ns0:Num>65080.03.</ns0:Num>
<ns0:LawSectionVersion id="id_ACF9FD7D-B2B5-4252-817C-F1F7567BB37C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of regional transportation plans, sustainable communities strategies, and alternative planning strategies pursuant to Section 65080 if the applicable metropolitan planning organization or regional transportation planning agency conducts enhanced public outreach.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of this section, “enhanced public outreach” may include activities from the following list:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In-person and virtual workshops allowing residents to evaluate land use and transportation scenarios, as applicable, before the selection of
scenarios for analysis in the regional transportation plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development of online tools allowing residents to adjust variables related to land use and transportation, as applicable, and determine impacts on greenhouse gas emissions and infrastructure costs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Convening advisory panels including representatives from residents, businesses, housing advocates, environmental advocacy groups, and local elected officials to review draft scenarios and provide written recommendations that are included in the regional transportation plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Conducting targeted outreach in historically underserved communities during the public outreach process for the regional transportation plan. Targeted outreach may include partnering with community-based organizations to support participation in the development of the regional
transportation plan.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Employing public survey tools that provide statistically representative feedback on regional policies related to land use and transportation investments, as applicable, and greenhouse gas emission reduction goals.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be interpreted as exempting from the California Environmental Quality Act a project that would implement actions taken pursuant to a plan or strategy adopted pursuant to this chapter.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CEB133F1-7C56-437F-A9B7-1FB327BC5DDE">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 2033.5 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_43BCF3C1-66CA-4C19-8407-F687CA523517">
<ns0:Num>2033.5.</ns0:Num>
<ns0:LawSectionVersion id="id_4665E54E-E164-44E1-98B0-7460D8E92AF5">
<ns0:Content>
<html:p>The department, from funds made available pursuant to subdivision (f) of Section 2032, shall allocate local planning grants to encourage local and regional planning that furthers state goals, including, but not limited to, the goals of a sustainable communities strategy adopted pursuant to paragraph (2) of subdivision (b) or Section 65080 of the Government Code and the goals and best practices cited in the regional transportation plan guidelines adopted by the commission pursuant to Sections 14522 to 14522.3, inclusive, of the Government Code. The department shall develop a grant guide and shall consult with the State Air Resources Board, the
Office of Land Use and Climate Innovation, and the Department of Housing and Community Development in the development of the grant guide, and shall provide status reports as it administers these funds. The grant guide 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).</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5335A99D-B410-4784-9670-D706AE1B0933">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 2192 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8D079472-6685-4B0C-8642-BCE12F137F04">
<ns0:Num>2192.</ns0:Num>
<ns0:LawSectionVersion id="id_23AE6CE2-943A-4CB0-809B-B596A398052C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The following revenues shall be allocated for infrastructure projects pursuant to this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The revenues deposited in the Trade Corridor Enhancement Account pursuant to Section 2192.4, except for those revenues in the account that were appropriated by Senate Bill 132 of the 2017–18 Regular Session (Chapter 7 of the Statutes of 2017).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An amount of federal funds equal to the amount of revenue apportioned to the state under Section 167 of Title 23 of the United States Code from the national
highway freight programs, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act,” Public Law 114-94).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The funding described in subdivision (a) shall be available upon appropriation for allocation by the commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by
the commission and as identified in the state freight plan developed pursuant to Section 13978.8 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Projects eligible for funding shall be included in an adopted regional transportation plan. Projects within the boundaries of a metropolitan planning organization shall be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the
commission
to achieve the region’s greenhouse gas emissions reduction target, or, if the metropolitan planning organization has adopted an alternative planning strategy pursuant to Section 65080 of the Government Code, the projects shall reduce greenhouse gas emissions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In developing guidelines for implementing this section, the commission shall
(A) apply the guiding principles, to the maximum extent practicable, in the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order No. B-32-15, and (B) consult the state freight plan and the applicable port master plan.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Eligible projects for these funds include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Highway improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and
airports, and to relieve traffic congestion along major trade or goods movement corridors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility, and other projects that improve the safety, efficiency, and capacity of the rail freight system.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Projects to enhance the capacity and efficiency of ports, except that funds available under this section shall not be allocated to a project that includes the purchase of fully automated cargo handling equipment. For purposes of this paragraph, “fully automated” means equipment that is remotely operated or remotely
monitored, with or without the exercise of human intervention or control.
This paragraph
does not prohibit the use of funds available pursuant to this section for a project that includes the purchase of human-operated zero-emission equipment, human-operated near-zero-emission equipment, and infrastructure supporting that human-operated equipment. This section does not prohibit the purchase of devices that support that human-operated equipment, including equipment to evaluate the usage and environmental benefits of that human-operated equipment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Truck corridor improvements, including dedicated truck facilities or truck toll facilities, including the mitigation of the emissions from trucks or these facilities.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Border access improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Surface transportation, local road, and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Projects that employ advanced and innovative technology to improve the flow of freight, such as intelligent transportation systems, public infrastructure, excluding vehicles, that enables zero-emission or near-zero emission goods movement, real time information systems, weigh-in-motion devices, electronic screening and credentialing systems, traffic signal optimization, work zone
management and information systems, ramp metering, and electronic cargo and border security technologies.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Environmental and community mitigation or efforts to reduce environmental impacts of freight movement, such as projects that reduce noise, overnight truck idling, or truck queues, and advanced traveler information systems such as freight advanced traveler information systems that optimize operations to reduce empty-load trips.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Projects funded with revenues identified in paragraph (1) of subdivision (a) shall be consistent with Article XIX of the California Constitution.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In adopting the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential economic and noneconomic benefits of the program of projects to
California’s economy, environment, and public health. The evaluation shall specifically assess localized impacts in disadvantaged communities. The commission shall consult with the agencies identified in Executive Order No. B-32-15 and metropolitan planning organizations in order to use the appropriate models, techniques, and methods to develop the parameters for evaluating the program of projects. The commission shall allocate the funding from subdivision (a) for trade infrastructure improvements as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Sixty percent of the funds shall be available for projects nominated by regional transportation agencies and other public agencies, including counties, cities, and port authorities, in consultation with the department. The commission shall provide reasonable geographic targets for funding allocations without constraining what an agency may propose or what the commission may approve.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Forty percent of the funds shall be available for projects nominated by the department, in consultation with regional transportation agencies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In adopting a program of projects pursuant to paragraph (1), the commission shall prioritize projects jointly nominated and jointly funded by the state and local agencies. In considering geographic balance for the overall program, the commission may adjust the corridor-based targets in subparagraph (A) of paragraph (1) to account for projects programmed pursuant to subparagraph (B) of paragraph (1).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commission shall adopt guidelines, including a
transparent process to evaluate projects and to allocate the funding described in subdivision (a) for trade infrastructure improvements in a manner that does all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Addresses the state’s most urgent
needs.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Balances
the demands of various land ports of entry, seaports, and airports.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants and reducing other negative community impacts, especially in disadvantaged
communities.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Makes a significant contribution to the state’s economy.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Recognizes the key role of the state in project identification.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Supports integrating statewide goods movement priorities in a corridor
approach.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Includes disadvantaged communities measures, as established by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, and other tools the commission determines, for evaluating benefits or costs for disadvantaged communities and low-income communities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Project nominations shall include either a quantitative or qualitative assessment of the benefits the project is expected to achieve relative to the evaluation criteria.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The guidelines adopted pursuant to paragraph (1) may include streamlining of project delivery by authorizing regional transportation agencies and other public agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice
shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated for the program shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In addition, the commission shall also consider the following factors when allocating these funds:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Reliability,” which means a reasonably consistent and predictable amount of
time for cargo to travel from one point to another on any given day or at any given time in California.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, the following
definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Disadvantaged communities” means those communities identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Low-income communities”
means census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_430CFCB4-1C60-48E4-AEAF-0EAF69CB6355">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 2391 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C0CA8FF6-5982-4F27-817D-99A946A96453">
<ns0:Num>2391.</ns0:Num>
<ns0:LawSectionVersion id="id_BA057B4E-C952-49AC-81EB-135786B58CC0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Pursuant to subdivision (b) of Section 11053 of the Revenue and Taxation Code, two hundred fifty million dollars ($250,000,000) in the State Highway Account shall be available for appropriation to the Department of Transportation in each annual Budget Act for the Solutions for Congested Corridors Program. Funds made available for the program shall be allocated by the California Transportation Commission to projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Funding shall be available for projects that do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Make specific performance
improvements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Support the implementation of a regional transportation plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Reduce congestion in highly traveled corridors.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Provide more transportation choices for residents, commuters, and visitors to the area of the corridor while preserving the character of the local community and creating opportunities for neighborhood enhancement projects.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In order to mitigate increases in vehicle miles traveled, greenhouse gases, and air pollution, highway lane capacity-increasing projects funded by this program shall be limited to high-occupancy vehicle lanes, managed lanes as defined in Section 14106 of the Government Code, and other
nongeneral purpose lane improvements primarily designed to improve safety for all modes of travel, such as auxiliary lanes, truck climbing lanes, or dedicated bicycle lanes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Project elements may include improvements to state highways, local streets and roads, public transit facilities, bicycle and pedestrian facilities, and restoration or preservation work that protects critical local habitat or open
space.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_3676724B-31C7-4913-8F51-5D3957B947D8">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 2392 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0E884A70-0E8C-4C62-8D4F-E55584BD444C">
<ns0:Num>2392.</ns0:Num>
<ns0:LawSectionVersion id="id_E6A14B59-796E-461E-BEAF-4E1ECBBFC1B5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A regional transportation planning agency or county transportation commission or authority responsible for preparing a regional transportation improvement plan under Section 14527 of the Government Code or the department may nominate projects for funding through the program that are consistent with the policy objectives of the program as set forth in this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The
commission shall allocate no more than one-half of the funds available each year to projects nominated exclusively by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A project nomination shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Include documentation regarding the quantitative and qualitative measures validating the project’s consistency with the policy objectives of the program as set forth in this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Demonstrate that the improvements to be undertaken are the result of collaboration between the department and local or regional partners that reflect a comprehensive approach to addressing congestion and quality-of-life issues within the affected corridor through investment in transportation and related environmental solutions. Collaboration between the partners may be demonstrated by a project being jointly nominated by both the regional agency and the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Be consistent with the phasing, timing, and project scope included in the adopted regional transportation plan.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E5BCE1FD-A4EC-49B1-AEF1-E4A60AA03235">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:SHC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2393.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 2393 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_EBE1D346-A3D3-4482-B786-C454F14856D2">
<ns0:Num>2393.</ns0:Num>
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<ns0:Content>
<html:p>Projects within the boundaries of a metropolitan planning organization shall be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the State Air Resources Board to
achieve the region’s greenhouse gas emissions reduction targets, or, if the metropolitan planning organization has adopted an alternative planning strategy pursuant to Section 65080 of the Government Code, the projects shall reduce greenhouse gas emissions.</html:p>
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<ns0:BillSection id="id_75D60B69-AE3E-410C-97D7-216F90C699A4">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 2394 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A54EC6DE-8DFF-4F9B-8E8E-9CCB9DE46D67">
<ns0:Num>2394.</ns0:Num>
<ns0:LawSectionVersion id="id_932A294A-35CA-4CB5-AEB6-C23DEF0AFDAC">
<ns0:Content>
<html:p>The commission shall allocate program funds to projects after the relevant metropolitan planning organization, or, for projects outside of the boundaries of a metropolitan planning organization, the regional transportation planning agency, has made a determination that a proposed project is consistent with the
phasing, timing, and project scope included in the adopted regional transportation plan. The commission shall score the proposed projects on the following criteria, with priority given to near-term projects in the adopted regional transportation plan that will open before the target date specified in subparagraph (A) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Safety.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Congestion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Accessibility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Economic development and job creation and retention.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Furtherance of state and federal ambient air standards and greenhouse gas emissions reduction standards pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Efficient land use.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Matching funds.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E9F28591-746C-46C9-BD71-8895797D05FA">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 2397 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_981D5221-3685-453B-85F0-0F5DF0C9C39B">
<ns0:Num>2397.</ns0:Num>
<ns0:LawSectionVersion id="id_78EE13C0-2B40-4476-BF7E-87A10DE243D1">
<ns0:Content>
<html:p>On or before March 1, 2019, and annually thereafter, the commission shall provide project update reports on the development and implementation of the program described in this chapter in its annual report to the Legislature prepared pursuant to Section 14535 of the Government Code. A copy of the report shall be provided to the Joint Legislative Budget Committee and the transportation policy committees of both houses of the Legislature. The report, at minimum, shall include information on each project that received funding under the program, including, but not limited to, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A summary describing the overall progress of the project since the initial award.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Expenditures to date for all project phase costs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An assessment of how the project is meeting the quantitative and qualitative measurements identified in the project nomination, as outlined in Section 2392.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F66D8C19-18FF-48E8-9CFB-917DC35C2516">
<ns0:Num>SEC. 14.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
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.
</html:p>
<html:p>However, if the Commission on State Mandates determines that this act contains other 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.</html:p>
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