{"id":520,"date":"2022-03-20T14:34:51","date_gmt":"2022-03-20T14:34:51","guid":{"rendered":"https:\/\/crowdsourcelawyers.com\/statutes-california-laws\/?page_id=520"},"modified":"2022-05-20T23:45:43","modified_gmt":"2022-05-20T23:45:43","slug":"sb-261-california","status":"publish","type":"page","link":"https:\/\/crowdsourcelawyers.com\/california-statutes\/california-statutes\/sb-261-california\/","title":{"rendered":"SB 261 California"},"content":{"rendered":"<section  class='av_textblock_section av-av_textblock-e878f05c31dff72941bf1e49a00d9ff5 '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><p>Currrent as of February 4, 2022<\/p>\n<\/div><\/section>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-l0zdrp19-b5b04eb3f42ea27f27d6d229d87703ad\">\n#top .av_textblock_section.av-l0zdrp19-b5b04eb3f42ea27f27d6d229d87703ad .avia_textblock{\nfont-size:19px;\n}\n<\/style>\n<section  class='av_textblock_section av-l0zdrp19-b5b04eb3f42ea27f27d6d229d87703ad '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><h1>Senate Bill No. 261<\/h1>\n<hr \/>\n<table>\n<tbody>\n<tr>\n<td>\n<p style=\"text-align: center\"><strong>Introduced by Senator Allen<\/strong><\/p>\n<\/td>\n<\/tr>\n<tr>\n<td>\n<p style=\"text-align: center\"><strong><br \/>\nJanuary\u00a027,\u00a02021<\/strong><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p style=\"text-align: center\">An act to amend Section 65080 of the Government Code, relating to transportation.<\/p>\n<p style=\"text-align: center\">\n<p style=\"text-align: center\">LEGISLATIVE COUNSEL&#8217;S DIGEST<\/p>\n<p>SB 261, as introduced, Allen. Regional transportation plans: sustainable communities strategies.<\/p>\n<p>Existing law requires certain transportation planning agencies to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Existing law requires that each regional transportation plan include a sustainable communities strategy developed to achieve greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035 established by the State Air Resources Board.<\/p>\n<p>This bill would require that the sustainable communities strategy be developed to additionally achieve greenhouse gas emission reduction targets for the automobile and light truck sector for 2045 and 2050 and vehicle miles traveled reduction targets for 2035, 2045, and 2050 established by the board. The bill would make various conforming changes to integrate those additional targets into regional transportation plans.<\/p>\n<p>Existing law requires each metropolitan planning organization to adopt a public participation plan for development of the sustainable communities strategy, and to submit to the state board a description of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy. Existing law encourages the metropolitan planning organization to work with the state board until the state board concludes that the technical methodology operates accurately.<\/p>\n<p>This bill would require, rather than encourage, the metropolitan planning organization to work with the state board for that purpose. The bill would require the metropolitan planning organization to, at least 90 days before adopting a sustainable communities strategy, submit to the state board for review a draft sustainable communities strategy, and to respond to any comments on the draft it receives from the state board.<\/p>\n<p>Existing law requires the metropolitan planning organization to submit its adopted sustainable communities strategy to the state board for review.<\/p>\n<p>This bill would require that the sustainable communities strategy be submitted within 60 days of adoption. The bill would require the state board to reject the metropolitan planning organization\u2019s determination that the strategy submitted would achieve the greenhouse gas emission vehicle miles traveled reduction targets if it determines that certain criteria are met.<\/p>\n<p>This bill would require each city, county, or city and county to biennially report to its metropolitan planning organization the number of housing and jobs, and transit supportive infrastructure, existing and planned, that demonstrates implementation of strategies included in the applicable sustainable communities strategy, as specified.<\/p>\n<p>By imposing new requirements on local agencies, the bill would impose a state-mandated local program.<\/p>\n<p>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.<\/p>\n<p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.<\/p>\n<p>Vote:\u00a0majority\u00a0\u00a0\u00a0Appropriation:\u00a0no\u00a0\u00a0\u00a0Fiscal Committee:\u00a0yes\u00a0\u00a0\u00a0Local Program:\u00a0yes<\/p>\n<hr \/>\n<p>THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:<\/p>\n<p><strong>SECTION 1.<\/strong><\/p>\n<p>Section 65080 of the Government Code, as amended by Section 1 of Chapter 177 of the Statutes of 2020, is amended to read:<\/p>\n<p><strong>65080.<\/strong><\/p>\n<p>(a)\u00a0Each 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.<\/p>\n<p>(b)\u00a0The regional transportation plan shall be an internally consistent document and shall include all of the following:<\/p>\n<p>(1)\u00a0A 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:<\/p>\n<p>(A)\u00a0Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.<\/p>\n<p>(B)\u00a0Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.<\/p>\n<p>(C)\u00a0Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:<\/p>\n<p>(i)\u00a0Single occupant vehicle.<\/p>\n<p>(ii)\u00a0Multiple occupant vehicle or carpool.<\/p>\n<p>(iii)\u00a0Public transit including commuter rail and intercity rail.<\/p>\n<p>(iv)\u00a0Walking.<\/p>\n<p>(v)\u00a0Bicycling.<\/p>\n<p>(D)\u00a0Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).<\/p>\n<p>(E)\u00a0Measures 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.<\/p>\n<p>(F)\u00a0The 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.<\/p>\n<p>(2)\u00a0A sustainable communities strategy prepared by each metropolitan planning organization as follows:<\/p>\n<p>(A)\u00a0No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.\u00a0No later than December 31, 2024, the state board shall provide each affected region with additional greenhouse gas emission reduction targets for the automobile and light truck sector for 2045 and 2050, respectively. No later than December 31, 2024, the state board, in furtherance of achieving the greenhouse gas emission reduction targets, shall provide each affected region with vehicle miles traveled reduction targets for 2035, 2045, and 2050.<\/p>\n<p>(i)\u00a0No later than January 31, 2009, the state board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting\u00a02020 and 2035\u00a0greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the state board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The state board shall consider the report before setting the targets.<\/p>\n<p>(ii)\u00a0Before setting the\u00a0greenhouse gas emissions and vehicle miles traveled reduction\u00a0targets for a region, the state board shall exchange technical information with the metropolitan planning organization and the affected air district.<span style=\"text-decoration: line-through\">\u00a0The<\/span>\u00a0For purposes of setting the greenhouse gas emission reduction targets for 2020 and 2035, the\u00a0metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The state board shall release draft\u00a0greenhouse gas emission\u00a0targets for\u00a02020 and 2035 for\u00a0each region no later than June 30, 2010, and for 2045 and 2050, no later than September 30, 2024. The state board shall release draft vehicle miles traveled reduction targets for 2035, 2045, and 2050 for each region no later than September 30, 2024.<\/p>\n<p>(iii)\u00a0In establishing these targets, the state board shall take into account greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reductions that will be achieved by\u00a0measures approved or proposed by state agencies to reduce greenhouse gas emissions and vehicle miles traveled and achieved by\u00a0improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce greenhouse gas emissions\u00a0or vehicle miles traveled\u00a0in the affected regions, and prospective measures the state board plans to adopt to reduce greenhouse gas emissions from other greenhouse gas emission sources as that term is defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations promulgated pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.<\/p>\n<p>(iv)\u00a0The state board shall update the regional greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets every eight years consistent with each metropolitan planning organization\u2019s timeframe for updating its regional transportation plan under federal law until 2050. The state board may revise the targets every four years based on changes in the factors considered under clause (iii). The state board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.<\/p>\n<p>(v)\u00a0The 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.<\/p>\n<p>(vi)\u00a0The vehicle miles traveled reduction targets may be expressed in miles per capita, percent reduction, or in any other metric deemed appropriate by the state board.<\/p>\n<p>(B)\u00a0Each 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:<\/p>\n<p>(i)\u00a0Identify\u00a0the general location of uses, residential densities, and building intensities within the region.<\/p>\n<p>(ii)\u00a0Identify\u00a0areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation and employment growth.<\/p>\n<p>(iii)\u00a0Identify\u00a0areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.<\/p>\n<p>(iv)\u00a0Identify\u00a0a transportation network to service the transportation needs of the region.<\/p>\n<p>(v)\u00a0Gather\u00a0and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.<\/p>\n<p>(vi)\u00a0Consider\u00a0the state housing goals specified in Sections 65580 and 65581.<\/p>\n<p>(vii)\u00a0Set\u00a0forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets approved by the state board.<\/p>\n<p>(viii)\u00a0Allow\u00a0the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).<\/p>\n<p>(C)\u00a0(i)\u00a0Within 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).<\/p>\n<p>(ii)\u00a0Within 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).<\/p>\n<p>(D)\u00a0In 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.<\/p>\n<p>(E)\u00a0The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the informational meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. In order to maximize the opportunity for participation by members of the public throughout the region, these informational meetings may be conducted by electronic means if a call-in telephonic option is also provided and the informational meeting is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).<\/p>\n<p>(F)\u00a0Each 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:<\/p>\n<p>(i)\u00a0Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agency\u2019s adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.<\/p>\n<p>(ii)\u00a0Consultation with congestion management agencies, transportation agencies, and transportation commissions.<\/p>\n<p>(iii)\u00a0Public engagement gatherings throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one gathering shall be available to each county in the region with outreach to residents of that county. For counties with a population greater than 500,000, at least three public engagement gatherings shall be held. In order to maximize the opportunity for participation by members of the public throughout the region, these public engagement gatherings may be conducted by electronic means if a call-in telephonic option is also provided and the public engagement gathering is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).<\/p>\n<p>(iv)\u00a0Preparation 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.<\/p>\n<p>(v)\u00a0At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan planning\u00a0organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region. In order to maximize the opportunity for participation by members of the public throughout the region, these public hearings may be conducted by electronic means if a call-in telephonic option is also provided and the public hearing is not required to be conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).<\/p>\n<p>(vi)\u00a0A process for enabling members of the public to provide a single request to receive notices, information, and updates.<\/p>\n<p>(G)\u00a0In 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.<\/p>\n<p>(H)\u00a0Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reductions\u00a0in greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of<span style=\"text-decoration: line-through\">\u00a0<\/span> those reductions\u00a0and the<span style=\"text-decoration: line-through\">\u00a0<\/span>\u00a0targets\u00a0for the region established by the state board.<\/p>\n<p>(I)\u00a0If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0to achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established by the state board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission\u00a0and vehicle miles traveled\u00a0targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:<\/p>\n<p>(i)\u00a0Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.<\/p>\n<p>(ii)\u00a0May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.<\/p>\n<p>(iii)\u00a0Shall describe how the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets.<\/p>\n<p>(iv)\u00a0An 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\u00a0and vehicle miles traveled\u00a0reduction targets approved by the state board.<\/p>\n<p>(v)\u00a0For 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.<\/p>\n<p>(J)\u00a0(i)\u00a0Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the state board of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state board shall\u00a0review and\u00a0respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of greenhouse gas emissions and vehicle miles traveled,\u00a0and suggested remedies. The metropolitan planning organization shall\u00a0work with the state board until the state board concludes that the technical methodology operates accurately.<\/p>\n<p>(ii)\u00a0At least 90 days before adopting a sustainable communities strategy, a metropolitan planning organization shall submit to the state board for review a draft sustainable communities strategy or, if one is prepared, a draft alternative planning strategy. The state board may within 45 days of receipt of the draft provide written comment to the metropolitan planning organization identifying issues affecting the strategy\u2019s ability to produce accurate estimates of greenhouse gas emissions and vehicle miles traveled before the state board\u2019s evaluation of the final sustainable communities strategy or, if one is prepared, the final alternative planning strategy. The draft sustainable communities strategy shall contain information consistent with subparagraph (B) and available modeling results and supporting policies that implement strategies to reduce greenhouse gas emissions and vehicle miles traveled. The metropolitan planning organization shall consider comments it receives from the state board on the draft sustainable communities strategy or, if one has been prepared, draft alternative planning strategy, and provide the state board with a written response to comments in its final sustainable communities strategy or, if one is prepared, final alternative planning strategy. The responses should indicate and explain how the metropolitan planning organization incorporates or rejects particular state board comments. To provide more meaningful public disclosure, a copy of responses to the state board\u2019s comments shall be made available to the public on the metropolitan planning organization\u2019s internet website.<\/p>\n<p>(iii)\u00a0Within 60 days of\u00a0adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the state board for review, including the quantification of the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reductions the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board shall be limited to acceptance or rejection of the metropolitan planning organization\u2019s determination that the strategy submitted would\u00a0achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established by the state board.\u00a0In reviewing that determination, the state board may consider the reasonable progress toward achieving the region\u2019s greenhouse gas emission and vehicle miles traveled reduction targets based on its review of data supported metrics for the strategies used to meet the targets.\u00a0The state board shall complete its review within 120 business\u00a0days.<\/p>\n<p>(iv)\u00a0The state board shall reject the metropolitan planning organization\u2019s determination that the strategy submitted would achieve the targets if, based on evidence, it determines that any of the following criteria are met: the technical methodology will not yield accurate estimates of greenhouse gas emissions and vehicle miles traveled; the data or documentation provided to support the estimates of greenhouse gas emissions and vehicle miles traveled is insufficient for the state board\u2019s review; the calculations to estimate greenhouse gas emissions and vehicle miles traveled do not demonstrate the region achieving greenhouse gas emissions and vehicle miles traveled reduction targets for all target years; or, the sustainable communities strategy does not include strategies that sufficiently demonstrate reductions in greenhouse gas emissions or vehicle miles traveled to achieve the region\u2019s greenhouse gas emissions and vehicle miles traveled targets.<\/p>\n<p>(v)\u00a0If the state board determines that the strategy submitted would not\u00a0achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause(iii).\u00a0At a minimum, the metropolitan planning organization must obtain state board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established for that region by the state board.<\/p>\n<p><span style=\"text-decoration: line-through\">(iv)<\/span><\/p>\n<p>(vi)\u00a0On 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\u00a0and vehicle miles traveled\u00a0reduction targets set by the state board. The report shall include changes to greenhouse gas emissions 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 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.<\/p>\n<p>(vii)\u00a0Each city, county, or city and county shall biennially report to its metropolitan planning organization on the number of housing and jobs, and transit supportive infrastructure, existing and planned, that demonstrates implementation of strategies included in the applicable sustainable communities strategy or, if one is prepared, alternative planning strategy. The report should include both of the following metrics:<\/p>\n<p>(I)\u00a0The number of existing and planned housing units and jobs within one-half mile of any of the following:<\/p>\n<p>(ia)\u00a0A major transit stop, as defined in Section 21064.3 of the Public Resources Code.<\/p>\n<p>(ib)\u00a0A planned major transit stop included in the applicable regional transportation plan, sustainable communities strategy, or alternative planning strategy, if any.<\/p>\n<p>(ic)\u00a0A high-quality transit corridor, as defined in Section 21155 of the Public Resources Code.<\/p>\n<p>(id)\u00a0A planned high-quality transit corridor in the applicable regional transportation plan, sustainable communities strategy, or alternative planning strategy, if any.<\/p>\n<p>(II)\u00a0The number of existing and planned housing units and jobs in areas of the city, county, or city and county that correspond with areas the sustainable communities strategy or alternative planning strategy identifies as priority geographies for accommodating new housing and jobs growth, if any, and identifies as having per capita vehicle miles traveled below the regional average and at least 15 percent below the regional average.<\/p>\n<p>(K)\u00a0Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. Nothing in a sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. Nothing in this section shall be interpreted to limit the state board\u2019s authority under any other law. Nothing in this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this section shall require a city\u2019s or county\u2019s land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. Nothing in this section requires a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. Nothing in this section relieves a public or private entity or any person from compliance with any other local, state, or federal law.<\/p>\n<p>(L)\u00a0Nothing in this section requires projects programmed for funding on or before December 31, 2011, to be subject to the provisions of this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. Nothing in this section shall require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.<\/p>\n<p>(M)\u00a0A 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.<\/p>\n<p>(N)\u00a0Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.<\/p>\n<p>(3)\u00a0An 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.<\/p>\n<p>(4)\u00a0(A)\u00a0A 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.<\/p>\n<p>(B)\u00a0The 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:<\/p>\n<p>(i)\u00a0State highway expansion.<\/p>\n<p>(ii)\u00a0State highway rehabilitation, maintenance, and operations.<\/p>\n<p>(iii)\u00a0Local road and street expansion.<\/p>\n<p>(iv)\u00a0Local road and street rehabilitation, maintenance, and operation.<\/p>\n<p>(v)\u00a0Mass transit, commuter rail, and intercity rail expansion.<\/p>\n<p>(vi)\u00a0Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.<\/p>\n<p>(vii)\u00a0Pedestrian and bicycle facilities.<\/p>\n<p>(viii)\u00a0Environmental enhancements and mitigation.<\/p>\n<p>(ix)\u00a0Research and planning.<\/p>\n<p>(x)\u00a0Other categories.<\/p>\n<p>(C)\u00a0The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets by implementing policies for growth to occur within their cities.<\/p>\n<p>(c)\u00a0Each 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.<\/p>\n<p>(d)\u00a0(1)\u00a0Except 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.<\/p>\n<p>(2)\u00a0(A)\u00a0Notwithstanding subdivisions (b) and (c), and paragraph (1), inclusive, the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.<\/p>\n<p>(B)\u00a0The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.<\/p>\n<p>(C)\u00a0After the update described in subparagraph (B), the time period for San Diego Association of Governments\u2019 updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.<\/p>\n<p>(D)\u00a0Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).<\/p>\n<p>(E)\u00a0The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).<\/p>\n<p>(F)\u00a0In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:<\/p>\n<p>(i)\u00a0The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).<\/p>\n<p>(ii)\u00a0The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).<\/p>\n<p>(iii)\u00a0The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).<\/p>\n<p>(G)\u00a0Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local level, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the state board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).<\/p>\n<p>(e)\u00a0This section shall remain in effect only until January 1, 2023, and as of that date is repealed.<\/p>\n<p><strong>SEC. 2.<\/strong><\/p>\n<p>Section 65080 of the Government Code, as added by Section 2 of Chapter 177 of the Statutes of 2020, is amended to read:<\/p>\n<p><strong>65080.<\/strong><\/p>\n<p>(a)\u00a0Each 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.<\/p>\n<p>(b)\u00a0The regional transportation plan shall be an internally consistent document and shall include all of the following:<\/p>\n<p>(1)\u00a0A 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:<\/p>\n<p>(A)\u00a0Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita.<\/p>\n<p>(B)\u00a0Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions.<\/p>\n<p>(C)\u00a0Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following:<\/p>\n<p>(i)\u00a0Single occupant vehicle.<\/p>\n<p>(ii)\u00a0Multiple occupant vehicle or carpool.<\/p>\n<p>(iii)\u00a0Public transit including commuter rail and intercity rail.<\/p>\n<p>(iv)\u00a0Walking.<\/p>\n<p>(v)\u00a0Bicycling.<\/p>\n<p>(D)\u00a0Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C).<\/p>\n<p>(E)\u00a0Measures 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.<\/p>\n<p>(F)\u00a0The 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.<\/p>\n<p>(2)\u00a0A sustainable communities strategy prepared by each metropolitan planning organization as follows:<\/p>\n<p>(A)\u00a0No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively.\u00a0No later than December 31, 2024, the state board shall provide each affected region with additional greenhouse gas emission reduction targets for the automobile and light truck sector for 2045 and 2050, respectively. No later than December 31, 2024, the state board, in furtherance of achieving the greenhouse gas emission reduction targets, shall provide each affected region with vehicle miles traveled reduction targets for 2035, 2045, and 2050.<\/p>\n<p>(i)\u00a0No later than January 31, 2009, the state board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting\u00a02020 and 2035\u00a0greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the state board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The state board shall consider the report before setting the targets.<\/p>\n<p>(ii)\u00a0Before setting the\u00a0greenhouse gas emissions and vehicle miles traveled reduction\u00a0targets for a region, the state board shall exchange technical information with the metropolitan planning organization and the affected air district. For purposes of setting the greenhouse gas emission reduction targets for 2020 and 2035, the\u00a0metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The state board shall release draft\u00a0greenhouse gas emission\u00a0targets for\u00a02020 and 2035 for\u00a0each region no later than June 30 2010, and for 2045 and 2050, no later than September 30, 2024. The state board shall release draft vehicle miles traveled reduction targets for 2035, 2045, and 2050 for each region no later than September 30, 2024.<\/p>\n<p>(iii)\u00a0In establishing these targets, the state board shall take into account greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reductions that will be achieved by\u00a0measures approved or proposed by state agencies to reduce greenhouse gas emissions and vehicle miles traveled and achieved by\u00a0improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce greenhouse gas emissions\u00a0or vehicle miles traveled\u00a0in the affected regions, and prospective measures the state board plans to adopt to reduce greenhouse gas emissions from other greenhouse gas emission sources as that term is defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations promulgated pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.<\/p>\n<p>(iv)\u00a0The state board shall update the regional greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets every eight years consistent with each metropolitan planning organization\u2019s timeframe for updating its regional transportation plan under federal law until 2050. The state board may revise the targets every four years based on changes in the factors considered under clause (iii). The state board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets.<\/p>\n<p>(v)\u00a0The 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.<\/p>\n<p>(vi)\u00a0The vehicle miles traveled reduction targets may be expressed in miles per capita, percent reduction, or in any other metric deemed appropriate by the state board.<\/p>\n<p>(B)\u00a0Each 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:<\/p>\n<p>(i)\u00a0Identify\u00a0the general location of uses, residential densities, and building intensities within the region.<\/p>\n<p>(ii)\u00a0Identify\u00a0areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation and employment growth.<\/p>\n<p>(iii)\u00a0Identify\u00a0areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584.<\/p>\n<p>(iv)\u00a0Identify\u00a0a transportation network to service the transportation needs of the region.<\/p>\n<p>(v)\u00a0Gather\u00a0and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01.<\/p>\n<p>(vi)\u00a0Consider\u00a0the state housing goals specified in Sections 65580 and 65581.<\/p>\n<p>(vii)\u00a0Set\u00a0forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets approved by the state board.<\/p>\n<p>(viii)\u00a0Allow\u00a0the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).<\/p>\n<p>(C)\u00a0(i)\u00a0 \u2002 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).<\/p>\n<p>(ii)\u00a0Within 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).<\/p>\n<p>(D)\u00a0In 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.<\/p>\n<p>(E)\u00a0The 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.<\/p>\n<p>(F)\u00a0Each 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:<\/p>\n<p>(i)\u00a0Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agency\u2019s adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations.<\/p>\n<p>(ii)\u00a0Consultation with congestion management agencies, transportation agencies, and transportation commissions.<\/p>\n<p>(iii)\u00a0Workshops 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.<\/p>\n<p>(iv)\u00a0Preparation 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.<\/p>\n<p>(v)\u00a0At 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\u00a0planning\u00a0organization 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.<\/p>\n<p>(vi)\u00a0A process for enabling members of the public to provide a single request to receive notices, information, and updates.<\/p>\n<p>(G)\u00a0In 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.<\/p>\n<p>(H)\u00a0Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reductions\u00a0in greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of those reductions\u00a0and the targets\u00a0for the region established by the state board.<\/p>\n<p>(I)\u00a0If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce greenhouse gas emissions\u00a0and vehicle miles traveled\u00a0to achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established by the state board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission\u00a0and vehicle miles traveled\u00a0targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization:<\/p>\n<p>(i)\u00a0Shall identify the principal impediments to achieving the targets within the sustainable communities strategy.<\/p>\n<p>(ii)\u00a0May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.<\/p>\n<p>(iii)\u00a0Shall describe how the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets.<\/p>\n<p>(iv)\u00a0An 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\u00a0and vehicle miles traveled\u00a0reduction targets approved by the state board.<\/p>\n<p>(v)\u00a0For 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.<\/p>\n<p>(J)\u00a0(i)\u00a0 \u2002 Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the state board of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state board shall\u00a0review and\u00a0respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of greenhouse gas emissions and vehicle miles traveled,\u00a0and suggested remedies. The metropolitan planning organization<span style=\"text-decoration: line-through\">\u00a0<\/span>shall\u00a0work with the state board until the state board concludes that the technical methodology operates accurately.<\/p>\n<p><span style=\"text-decoration: line-through\">\u00a0<\/span><\/p>\n<p>(ii)\u00a0At least 90 days before adopting a sustainable communities strategy, a metropolitan planning organization shall submit to the state board for review a draft sustainable communities strategy or, if one is prepared, a draft alternative planning strategy. The state board may within 45 days of receipt of the draft provide written comment to the metropolitan planning organization identifying issues affecting the strategy\u2019s ability to produce accurate estimates of greenhouse gas emissions and vehicle miles traveled before the state board\u2019s evaluation of the final sustainable communities strategy or, if one is prepared, the final alternative planning strategy. The draft sustainable communities strategy shall contain information consistent with subparagraph (B) and available modeling results and supporting policies that implement strategies to reduce greenhouse gas emissions and vehicle miles traveled. The metropolitan planning organization shall consider comments it receives from the state board on the draft sustainable communities strategy or, if one has been prepared, draft alternative planning strategy, and provide the state board with a written response to comments in its final sustainable communities strategy or, if one is prepared, final alternative planning strategy. The responses should indicate and explain how the metropolitan planning organization incorporates or rejects particular state board comments. To provide more meaningful public disclosure, a copy of responses to the state board\u2019s comments shall be made available to the public on the metropolitan planning organization\u2019s internet website.<\/p>\n<p>(iii)\u00a0Within 60 days of\u00a0adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the state board for review, including the quantification of the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reductions the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board shall be limited to acceptance or rejection of the metropolitan planning organization\u2019s determination that the strategy would\u00a0achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established by the state board.\u00a0In reviewing that determination, the state board may consider the reasonable progress toward achieving the region\u2019s greenhouse gas emission and vehicle miles traveled reduction targets based on its review of data supported metrics for the strategies used to meet the targets.\u00a0The state board shall complete its review within<span style=\"text-decoration: line-through\">\u00a060<\/span>\u00a0120 business\u00a0days.<\/p>\n<p>(iv)\u00a0The state board shall reject the metropolitan planning organization\u2019s determination that the strategy submitted would achieve the targets if, based on evidence, it determines that any of the following criteria are met: the technical methodology will not yield accurate estimates of greenhouse gas emissions and vehicle miles traveled; the data or documentation provided to support the estimates of greenhouse gas emissions and vehicle miles traveled is insufficient for the state board\u2019s review; the calculations to estimate greenhouse gas emissions and vehicle miles traveled do not demonstrate the region achieving greenhouse gas emissions and vehicle miles traveled reduction targets for all target years; or, the sustainable communities strategy does not include strategies that sufficiently demonstrate reductions in greenhouse gas emissions or vehicle miles traveled to achieve the region\u2019s greenhouse gas emissions and vehicle miles traveled targets.<\/p>\n<p>(v)\u00a0If the state board determines that the strategy submitted would not\u00a0achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (iii).\u00a0At a minimum, the metropolitan planning organization must obtain state board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets established for that region by the state board.<\/p>\n<p>(vi)\u00a0On 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\u00a0and vehicle miles traveled\u00a0reduction targets set by the state board. The report shall include changes to greenhouse gas emissions 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 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.<\/p>\n<p>(vii)\u00a0Each city, county, or city and county shall biennially report to its metropolitan planning organization on the number of housing and jobs, and transit supportive infrastructure, existing and planned, that demonstrates implementation of strategies included in the applicable sustainable communities strategy or, if one is prepared, alternative planning strategy. The report should include both of the following metrics:<\/p>\n<p>(I)\u00a0The number of existing and planned housing units and jobs within one-half mile of any of the following:<\/p>\n<p>(ia)\u00a0A major transit stop, as defined in Section 21064.3 of the Public Resources Code.<\/p>\n<p>(ib)\u00a0A planned major transit stop included in the applicable regional transportation plan, sustainable communities strategy, or alternative planning strategy, if any.<\/p>\n<p>(ic)\u00a0A high-quality transit corridor, as defined in Section 21155 of the Public Resources Code.<\/p>\n<p>(id)\u00a0A planned high-quality transit corridor in the applicable regional transportation plan, sustainable communities strategy, or alternative planning strategy, if any.<\/p>\n<p>(II)\u00a0The number of existing and planned housing units and jobs in areas of the city, county, or city and county that correspond with areas the sustainable communities strategy or alternative planning strategy identifies as priority geographies for accommodating new housing and jobs growth, if any, and identifies as having per capita vehicle miles traveled below the regional average and at least 15 percent below the regional average.<\/p>\n<p>(K)\u00a0Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. Nothing in a sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. Nothing in this section shall be interpreted to limit the state board\u2019s authority under any other law. Nothing in this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this section shall require a city\u2019s or county\u2019s land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. Nothing in this section requires a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. Nothing in this section relieves a public or private entity or any person from compliance with any other local, state, or federal law.<\/p>\n<p>(L)\u00a0Nothing in this section requires projects programmed for funding on or before December 31, 2011, to be subject to the provisions of this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. Nothing in this section shall require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes.<\/p>\n<p>(M)\u00a0A 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.<\/p>\n<p>(N)\u00a0Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region.<\/p>\n<p>(3)\u00a0An 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.<\/p>\n<p>(4)\u00a0(A)\u00a0 \u2002 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.<\/p>\n<p>(B)\u00a0The 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:<\/p>\n<p>(i)\u00a0State highway expansion.<\/p>\n<p>(ii)\u00a0State highway rehabilitation, maintenance, and operations.<\/p>\n<p>(iii)\u00a0Local road and street expansion.<\/p>\n<p>(iv)\u00a0Local road and street rehabilitation, maintenance, and operation.<\/p>\n<p>(v)\u00a0Mass transit, commuter rail, and intercity rail expansion.<\/p>\n<p>(vi)\u00a0Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations.<\/p>\n<p>(vii)\u00a0Pedestrian and bicycle facilities.<\/p>\n<p>(viii)\u00a0Environmental enhancements and mitigation.<\/p>\n<p>(ix)\u00a0Research and planning.<\/p>\n<p>(x)\u00a0Other categories.<\/p>\n<p>(C)\u00a0The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission\u00a0and vehicle miles traveled\u00a0reduction targets by implementing policies for growth to occur within their cities.<\/p>\n<p>(c)\u00a0Each 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.<\/p>\n<p>(d)\u00a0(1)\u00a0Except 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.<\/p>\n<p>(2)\u00a0(A)\u00a0Notwithstanding subdivisions (b) and (c), and paragraph (1), inclusive, the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.<\/p>\n<p>(B)\u00a0The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.<\/p>\n<p>(C)\u00a0After the update described in subparagraph (B), the time period for San Diego Association of Governments\u2019 updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.<\/p>\n<p>(D)\u00a0Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).<\/p>\n<p>(E)\u00a0The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).<\/p>\n<p>(F)\u00a0In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:<\/p>\n<p>(i)\u00a0The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code).<\/p>\n<p>(ii)\u00a0The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).<\/p>\n<p>(iii)\u00a0The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).<\/p>\n<p>(G)\u00a0Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local level, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the state board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).<\/p>\n<p>(e)\u00a0This section shall become operative on January 1, 2023.<\/p>\n<p><strong>SEC. 3.<\/strong><\/p>\n<p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.<\/p>\n<hr \/>\n<p>SB 261 California<\/p>\n<\/div><\/section>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":2019,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-520","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - 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