Bill Text: CA AB574 | 2013-2014 | Regular Session | Amended
Bill Title: California Global Warming Solutions Act of 2006:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB574 Detail]
Download: California-2013-AB574-Amended.html
BILL NUMBER: AB 574 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2013
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 20, 2013
An act to amend Section 73 of the Streets and Highways
Code, relating to highways add Part 9 (commencing with
Section 38800) to Division 25.5 of the Health and Safety Code,
relating to greenhouse gases .
LEGISLATIVE COUNSEL'S DIGEST
AB 574, as amended, Lowenthal. State highways:
relinquishment. California Global Warming Solutions
Act of 2006: Greenhouse Gas Reduction Fund: sustainable communities
strategies.
The California Global Warming Solutions Act of 2006, designates
the State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The act authorizes the state board to include use of market-based
compliance mechanisms. Existing law requires all moneys, except for
fines and penalties, collected by the state board from the auction or
sale of allowances as part of a market-based compliance mechanism to
be deposited in the Greenhouse Gas Reduction Fund and to be
available upon appropriation by the Legislature. Existing law
requires the Department of Finance, in consultation with the state
board and any other relevant state agency, to develop, as specified,
a 3-year investment plan for the moneys deposited in the Greenhouse
Gas Reduction Fund.
Existing law requires designated regional transportation planning
agencies to perform certain transportation planning activities,
including the development of a regional transportation plan. Certain
of these agencies are designated by federal law as metropolitan
planning organizations. Existing law requires a metropolitan planning
organization to adopt a sustainable communities strategy, subject to
specified requirements, as part of a regional transportation plan,
which is to be designed to achieve certain targets established by the
state board for the reduction of greenhouse gas emissions from
automobiles and light trucks in the region.
This bill would require the state board, in consultation with the
California Transportation Commission and the Strategic Growth
Council, to establish standards for the use of moneys allocated from
the Greenhouse Gas Reduction Fund for sustainable communities
projects, as specified. The bill would require the state board, in
consultation with the California Transportation Commission and the
Strategic Growth Council, to establish the criteria for the
development and implementation of regional grant programs, as
specified. The bill would require the California Transportation
Commission, in consultation with the state board, to designate the
regional granting authority within each region of the state to
administer the allocated moneys for regional grant programs, as
specified.
Existing law gives the Department of Transportation full
possession and control of all state highways. Existing law describes
the authorized routes in the state highway system and establishes a
process for adoption of a highway on an authorized route by the
California Transportation Commission. Existing law also provides for
the commission to relinquish state highway segments to local agencies
that have been deleted from the state highway system by legislative
enactment, and in certain other cases.
This bill would generally authorize the California Transportation
Commission to relinquish any portion of a state highway or related
facility within a county or city to that county or city, subject to
an agreement between the department and the local agency, without
requiring a legislative enactment deleting the state highway segment
from the state highway system. The bill would also require the
department to expeditiously consider and respond to each request it
receives from a city or county relative to an agreement relating to
the proposed relinquishment of a state highway segment within the
jurisdiction of the entity making the request, and would require the
department, from time to time, to recommend to the Legislature any
revisions to the statutory descriptions of state highway routes
occasioned by relinquishments approved by the commission. The bill
would make other related changes.
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. (a) The
Legislature finds and declares all of the following:
(1) The largest source of greenhouse gas emissions in the state is
the transportation sector and implementation of the California
Global Warming Solutions Act of 2006 depends on achieving significant
emissions reductions from that sector.
(2) A key method to reduce transportation emissions is the
development of sustainable communities strategies and other regional
plans that encourage more compact development and investment in
alternatives to the automobile, thereby reducing the total amount of
driving necessary to meet mobility needs.
(3) Local governments tasked with implementing sustainable
community strategies, and other greenhouse gas emissions reducing
regional plans, lack the funds for the infrastructure necessary to
accommodate patterns of growth consistent with the state's climate
goals.
(4) Integrating transportation and public infrastructure
investments with changes in land use provide significantly greater
greenhouse gas emissions reductions than single purpose investment
strategies and contribute to making communities more livable.
(5) Without changed land use patterns and improved transportation
investments, the state will not be able to achieve the goals of the
California Global Warming Solutions Act of 2006.
(b) It is the intent of the Legislature that revenues from
market-based compliance mechanisms related to motor vehicle fuels
should be allocated to projects, programs, and policies that reduce
greenhouse gas emissions from the transportation sector.
SEC. 2. Part 9 (commencing with Section 38800) is
added to Division 25.5 of the Health and Safety Code
, to read:
PART 9. Sustainable Communities Infrastructure Program
38800. Moneys appropriated from the Greenhouse Gas Reduction Fund
pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of
Division 26 for investments in sustainable communities strategies
required pursuant to Section 65080 of the Government Code and for
related purposes as provided in this part, shall be allocated in
accordance with this part.
38801. Appropriated moneys shall be allocated for projects that
do all of the following:
(a) Provide cost-effective and feasible reductions in greenhouse
gas emissions.
(b) Combine transportation investments with local land use
modifications and other local policy changes to provide greenhouse
gas emissions reductions and, where feasible, to achieve other public
benefits, such as improvements in any of the following:
(1) Air quality.
(2) Public health.
(3) Resource protection.
(4) Environmental justice.
(5) Affordable housing supply.
(6) Protection of agricultural land.
(7) Public safety.
(8) Water quality and supply.
(9) Economic development and job creation.
(c) Implement either an approved sustainable communities strategy
or alternative planning strategy, pursuant to Section 65080 of the
Government Code, within existing urbanized or developed areas in
regions with a metropolitan planning organization. For regions that
do not have a metropolitan planning organization, projects shall
reduce greenhouse gas emissions consistent with the regional
transportation plan or other regional plan.
(d) Meet the requirements of Section 38804 or 38805.
(e) Are selected through a competitive process based on
cost-effective greenhouse gas emissions reductions using criteria for
evaluating long-term greenhouse gas emissions benefits established
by the state board.
(f) Comply with the requirements to benefit economically
disadvantaged communities, pursuant to Chapter 4.1 (commencing with
Section 39710) of Part 2 of Division 26.
38802. (a) The California Transportation Commission, in
consultation with the state board, shall designate the regional
granting authority within each region of the state to administer
moneys allocated pursuant to subdivision (b). The regional granting
authority shall be the agency responsible for the development of the
regional transportation plan pursuant to Section 65080 of the
Government Code. Two or more entities responsible for the development
of a regional transportation plan pursuant to Section 65080 of the
Government Code may create a multiregional granting authority.
(b) Moneys that are allocated for regional grant programs shall be
allocated to the regional granting authority in each region on a per
capita basis by the Controller using the latest information from
the Demographic Research Unit of the Department of Finance.
(c) Moneys that are allocated to interregional investments shall
be administered by the Business and Transportation Agency, in
consultation with the California Transportation Commission and the
High-Speed Rail Authority for rail modernization that has both
regional and interregional benefits and for other statewide
transportation priorities that achieve greenhouse gas emissions
reductions.
38803. (a) The state board, in consultation with the California
Transportation Commission and the Strategic Growth Council, shall
establish the criteria for the development and implementation of
regional grant programs that do all of the following:
(1) Require that projects be selected within each region by the
regional granting authority through a competitive public process
based on greenhouse gas emissions reductions.
(2) Provide criteria for evaluating long-term greenhouse gases
impacts.
(3) Establish the methods for evaluating, monitoring, and
verifying project effectiveness, including those related to travel
demand reduction, system efficiency, safety improvements, demographic
characteristics, and integrated land use and transportation
strategies.
(4) Encourage flexibility, collaboration, and innovation at the
local level to develop cost-effective projects and to address local
and regional transportation and community needs.
(5) Provide for the development and implementation of projects
that integrate infrastructure investment with land use or local code
changes to achieve the maximum greenhouse gas emissions reductions.
(6) Provide for public participation in the review of proposed
projects. Regional granting authorities shall, at a minimum, conduct
a 30-day public review and comment process consistent with the public
participation requirements of Section 134(i)(6)(A) of Title 23 of
the United States Code.
(7) Provide for consultation and coordination with air pollution
control and air quality management districts.
(b) The state board, in consultation with the Strategic Growth
Council and metropolitan planning organizations, shall establish
standards for integrated modeling systems and measurement methods to
ensure consistency in evaluating the potential effectiveness of
projects and verifying actual benefits of projects after completion.
(c) The state board shall review the implementation of this
section on an annual basis and may revise the criteria for project
selection, evaluation, monitoring, and verification as needed to
improve program performance.
38804. The state board, in consultation with the California
Transportation Commission and the Strategic Growth Council, shall
establish standards for the use of moneys for projects to ensure
compliance with this division. Eligible uses of the moneys shall
include any of the following:
(a) Transportation network and demand management, including, but
not limited to, trip-reduction programs, congestion pricing, and
roadway modifications, such as roundabouts.
(b) Public transportation, including operations, maintenance, and
capital costs.
(c) Road and bridge maintenance; operations and retrofits for
complete streets, bike, and pedestrian safety enhancements; safe
routes to schools; and urban greening.
(d) Clean transportation fueling infrastructure and support.
(e) Multimodal network connectivity to reduce travel distances and
improve access to parks, schools, jobs, housing, and markets for
rural and urban communities, including neighborhood scale planning.
(f) Development and adoption of local plans and land use policies
that help to implement regional plans.
(g) Community infrastructure, including public works and municipal
improvements necessary to support transit-oriented development,
affordable housing, infill in existing urbanized areas, and small
walkable communities in rural neighborhoods.
(h) Multiuse facilities and accommodations for bicyclists,
pedestrians, and neighborhood electric vehicles.
(i) Interregional rail modernization and related community
infrastructure.
(j) Administrative costs and development and use of evaluation,
monitoring, and verification systems.
38805. The state board in consultation with the California
Transportation Commission may identify additional eligible uses of
funds that provide greenhouse gas emissions reductions consistent
with the requirements of this part.
38806. It is the intent of the Legislature that moneys shall be
appropriated for this part only in a manner consistent with the
requirements of this division, Chapter 4.1 (commencing with Section
39710) of Part 2 of Division 26, and Article 9.7 (commencing with
Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of
the Government Code.
38807. Implementation of this part, including development of
standards and guidelines by the state board and the provision of
financial assistance to eligible recipients, is contingent upon
appropriation of funds for these purposes by the Legislature.
SECTION 1. Section 73 of the Streets and
Highways Code is amended to read:
73. (a) The commission shall relinquish to any county or city any
portion of any state highway within the county or city that has been
deleted from the state highway system by legislative enactment, and
the relinquishment shall become effective upon the first day of the
next calendar or fiscal year, whichever first occurs after the
effective date of the legislative enactment.
(b) (1) Whenever the department and any county or city concerned
have entered into an agreement providing therefor, the commission may
relinquish, to that county or city, any portion of any state highway
within the jurisdiction of that county or city, if the commission
determines that the relinquishment is in the best interests of the
state. The commission may likewise relinquish any frontage or service
road or outer highway, within the county or city, which has a
right-of-way of at least 40 feet in width and which has been
constructed as a part of a state highway project, but does not
constitute a part of the main traveled roadway thereof. The
commission may likewise relinquish any portion of any state highway
in a county or city that has been superseded by relocation. The
commission may likewise relinquish any nonmotorized transportation
facility, as defined in Section 887, constructed as part of a state
highway project within a city or county to that city or county. The
relinquishment of a state highway or related facility pursuant to
this subdivision may occur notwithstanding anything in Chapter 2
(commencing with Section 230) to the contrary.
(2) With respect to frontage or service roads or outer highways or
nonmotorized transportation facilities, the relinquishment may occur
with the agreement of the applicable city or county or with the
adoption of a resolution consenting thereto by the applicable city or
county.
(3) An agreement entered into pursuant to this subdivision shall
require the city or county to maintain signs directing motorists to
the continuation of a state highway route, if applicable, and may
contain other conditions to ensure the continuity of traffic flow.
(4) The relinquished portion of a former state highway route is no
longer a state highway as of the effective date of the
relinquishment, and is not eligible for adoption as a state highway
under Section 81.
(c) Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the board of supervisors or the city
clerk, as the case may be. A certified copy of the resolution shall
also be recorded in the office of the recorder of the county where
the land is located and, upon its recordation, all right, title, and
interest of the state in and to that portion of any state highway or
related facility shall vest in the county or city, as the case may
be, and that highway or portion thereof shall thereupon constitute a
county road or city street, or other related facility, as the case
may be.
(d) The vesting of all right, title, and interest of the state in
and to portions of any state highways or related facilities
heretofore relinquished by the commission, in the county or city to
which it was relinquished, is hereby confirmed.
(e) (1) Prior to relinquishing any portion of a state highway or
related facility to a county or a city, except where the department
and the county or city have entered into an agreement providing
therefor, or as otherwise provided in paragraph (2) of subdivision
(b), the department shall give 90 days' notice in writing of
intention to relinquish to the board of supervisors, or the city
council, as the case may be. Where the resolution of relinquishment
contains a recital as to the giving of the notice, adoption of the
resolution of relinquishment shall be conclusive evidence that the
notice has been given.
(2) Within the 90-day period, the board of supervisors or the city
council may protest in writing to the commission stating the reasons
therefor, including, but not limited to, objections that the highway
is not in a state of good repair, or is not needed for public use
and should be vacated by the commission. If the commission does not
comply with the requests of the protesting body, it may proceed with
the relinquishment only after a public hearing given to the
protesting body on 10 days' written notice.
(f) The commission shall not relinquish to any county or city any
portion of any state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment.
(g) The department shall expeditiously consider and respond to
each request it receives from a city or county relative to an
agreement relating to the proposed relinquishment of a state highway
or related facility within the jurisdiction of the entity making the
request.
(h) The department, from time to time, shall recommend to the
Legislature any revisions to the descriptions of state highway routes
in Chapter 2 (commencing with Section 230) occasioned by
relinquishments approved by the commission pursuant to this section.
