BILL NUMBER: AB 1098 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Bloom
FEBRUARY 27, 2015
An act to amend Section 65089 of Sections
65088.1, 65089, 65089.2, 65089.3, 65089.5, 65089.7, and 65089.10 of,
to repeal Sections 65088.4, 65089.4, and 65089.9 of, and to repeal
and add Section 65088 of, the Government Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1098, as amended, Bloom. Transportation: congestion management.
Existing
(1) Existing law requires a
congestion management plan program to
be developed, adopted, and updated biennially by a designated agency
for every county that includes an urbanized area. The congestion
management program is required to contain specified elements and to
be submitted to regional agencies, as defined, for determination of
whether the program is consistent with regional transportation plans.
The designated agency is then directed to monitor the implementation
of all elements of the congestion management program. The required
elements include, among other things, traffic level of service
standards for a system of designated highways and roadways, a
performance element that includes performance measures, and a 7-year
capital improvement program. A city or county is required
to prepare a deficiency plan when highway or roadway level of service
standards are not maintained on segments or intersections of the
designated system and is requi red to submit its
adopted deficiency plan to the designated agency.
This bill would make nonsubstantive changes to these
provisions. delete the traffic level of service
standards as an element of a congestion management program and would
delete related requirements, including the requirement that a city or
county prepare a deficiency plan when highway or roadway level of
service standards are not maintained. The bill would revise and
recast the requirements for other elements of a congestion management
program by, among other things, requiring performance measures to
include vehicle miles traveled, air emissions, and bicycle, transit,
and pedestrian mode share and requiring the designated agency, for
roadway capacity expansion projects, to include in the 7-year capital
improvement program an analysis of the potential for
induced vehicle travel.
The bill would require the regional agency to evaluate how the
congestion management program contributes to achieving a specified
greenhouse gas reduction target for the region established by the
State Air Resources Board.
To the extent that the above-described requirements impose
additional duties on designated agencies and regional agencies, this
bill would impose a state-mandated local program.
(2) Existing law makes various legislative findings relative to
congestion management programs.
This bill would delete those legislative findings and would make
new legislative findings relative to congestion management programs.
(3) This bill would make other technical and conforming changes to
these provisions and would delete an obsolete provision.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65088 of the
Government Code is repealed.
65088. The Legislature finds and declares all of the following:
(a) Although California's economy is critically dependent upon
transportation, its current transportation system relies primarily
upon a street and highway system designed to accommodate far fewer
vehicles than are currently using the system.
(b) California's transportation system is characterized by
fragmented planning, both among jurisdictions involved and among the
means of available transport.
(c) The lack of an integrated system and the increase in the
number of vehicles are causing traffic congestion that each day
results in 400,000 hours lost in traffic, 200 tons of pollutants
released into the air we breathe, and three million one hundred
thousand dollars ($3,100,000) added costs to the motoring public.
(d) To keep California moving, all methods and means of transport
between major destinations must be coordinated to connect our vital
economic and population centers.
(e) In order to develop the California economy to its full
potential, it is intended that federal, state, and local agencies
join with transit districts, business, private and environmental
interests to develop and implement comprehensive strategies needed to
develop appropriate responses to transportation needs.
(f) In addition to solving California's traffic congestion crisis,
rebuilding California's cities and suburbs, particularly with
affordable housing and more walkable neighborhoods, is an important
part of accommodating future increases in the state's population
because homeownership is only now available to most Californians who
are on the fringes of metropolitan areas and far from employment
centers.
(g) The Legislature intends to do everything within its power to
remove regulatory barriers around the development of infill housing,
transit-oriented development, and mixed use commercial development in
order to reduce regional traffic congestion and provide more housing
choices for all Californians.
(h) The removal of regulatory barriers to promote infill housing,
transit-oriented development, or mixed use commercial development
does not preclude a city or county from holding a public hearing nor
finding that an individual infill project would be adversely impacted
by the surrounding environment or transportation patterns.
SEC. 2. Section 65088 is added to the
Government Code , to read:
65088. The Legislature finds and declares all of the following:
(a) With the adoption of Senate Bill 375 (Chapter 728 of the
Statutes of 2008), the Sustainable Communities and Climate Protection
Act of 2008, the Legislature signaled its commitment to encouraging
land use and transportation planning decisions and investments that
reduce vehicle miles traveled and contribute to the reductions in
greenhouse gas emissions required pursuant to Assembly Bill 32
(Chapter 488 of the Statutes of 2006), the California Global Warming
Solutions Act of 2006. Similarly, the California Complete Streets Act
of 2008 (Chapter 657 of the Statutes of 2008) requires local
governments to plan for a balanced, multimodal transportation network
that meets the needs of all users of streets, roads, and highways
for safe and convenient travel.
(b) In order to fulfill the commitment to reduce greenhouse gas
emissions and vehicle miles traveled, make the most efficient use of
urban land and transportation infrastructure, and improve public
health, increasing the number of trips taken by public transit,
bicycling, and walking must be a significant part of short- and
long-term planning goals at the local, regional, and state levels.
(c) It is the intent of the Legislature to refocus the countywide
congestion management planning process around developing an effective
multimodal transportation system that enhances access to
destinations while reducing vehicle miles traveled and greenhouse gas
emissions and to better integrate congestion management planning
with efforts to implement Assembly Bill 32, Senate Bill 375, and the
Complete Streets Act.
SEC. 3. Section 65088.1 of the
Government Code is amended to read:
65088.1. As used in this chapter the following terms have the
following meanings:
(a) Unless the context requires otherwise, "agency" means the
agency responsible for the preparation and adoption of the congestion
management program.
(b) "Bus rapid transit corridor" means a bus service that includes
at least four of the following attributes:
(1) Coordination with land use planning.
(2) Exclusive right-of-way.
(3) Improved passenger boarding facilities.
(4) Limited stops.
(5) Passenger boarding at the same height as the bus.
(6) Prepaid fares.
(7) Real-time passenger information.
(8) Traffic priority at intersections.
(9) Signal priority.
(10) Unique vehicles.
(c)
( b) "Commission" means the California
Transportation Commission.
(d)
( c) "Department" means the Department of
Transportation.
(e) "Infill opportunity zone" means a specific area designated by
a city or county, pursuant to subdivision (c) of Section 65088.4,
that is within one-half mile of a major transit stop or high-quality
transit corridor included in a regional transportation plan. A major
transit stop is as defined in Section 21064.3 of the Public Resources
Code, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours.
(f) "Interregional travel" means any trips that originate outside
the boundary of the agency. A "trip" means a one-direction vehicle
movement. The origin of any trip is the starting point of that trip.
A roundtrip consists of two individual trips.
(g) "Level of service standard" is a threshold that defines a
deficiency on the congestion management program highway and roadway
system which requires the preparation of a deficiency plan. It is the
intent of the Legislature that the agency shall use all elements of
the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
(h)
( d) "Local jurisdiction" means a city, a
county, or a city and county.
(i) "Multimodal" means the utilization of all available modes of
travel that enhance the movement of people and goods, including, but
not limited to, highway, transit, nonmotorized, and demand management
strategies including, but not limited to, telecommuting. The
availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance
with the size and complexity of different urbanized areas.
(j)
( e) (1) "Parking cash-out program" means an
employer-funded program under which an employer offers to provide a
cash allowance to an employee equivalent to the parking subsidy that
the employer would otherwise pay to provide the employee with a
parking space. "Parking subsidy" means the difference between the
out-of-pocket amount paid by an employer on a regular basis in order
to secure the availability of an employee parking space not owned by
the employer and the price, if any, charged to an employee for use of
that space.
(2) A parking cash-out program may include a requirement that
employee participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
(k) "Performance measure" is an analytical planning tool that is
used to quantitatively evaluate transportation improvements and to
assist in determining effective implementation actions, considering
all modes and strategies. Use of a performance measure as part of the
program does not trigger the requirement for the preparation of
deficiency plans.
( l )
(f) "Urbanized area" has the same meaning as is defined
in the 1990 federal census for urbanized areas of more than 50,000
population.
(m)
(g) Unless the context requires otherwise, "regional
agency" means the agency responsible for preparation of the regional
transportation improvement program.
SEC. 4. Section 65088.4 of the
Government Code is repealed.
65088.4. (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
(b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone.
(c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and any applicable specific
plan, and is a transit priority area within a sustainable communities
strategy or alternative planning strategy adopted by the applicable
metropolitan planning organization.
SECTION 1. SEC. 5. Section 65089 of
the Government Code is amended to read:
65089. (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program shall be developed
in consultation with, and with the cooperation of, the transportation
planning agency, regional transportation providers, local
governments, the department, and the air pollution control district
or the air quality management district, either by the county
transportation commission, or by another public agency, as designated
by resolutions adopted by the county board of supervisors and the
city councils of a majority of the cities representing a majority of
the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency. The highway
and roadway system shall include at a minimum all state highways and
principal arterials. No highway or roadway designated as a part of
the system shall be removed from the system. All new state highways
and principal arterials shall be designated as part of the system,
except when it is within an infill opportunity zone. Level of service
(LOS) shall be measured by Circular 212, by the most recent version
of the Highway Capacity Manual, or by a uniform methodology adopted
by the agency that is consistent with the Highway Capacity Manual.
The determination as to whether an alternative method is consistent
with the Highway Capacity Manual shall be made by the regional
agency, except that the department instead shall make this
determination if either (i) the regional agency is also the agency,
as those terms are defined in Section 65088.1, or (ii) the department
is responsible for preparing the regional transportation improvement
plan for the county.
(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A except when the area is in an infill opportunity
zone. When the LOS on a segment or at an intersection fails to attain
the established level of service standard outside an infill
opportunity zone, a deficiency plan shall be adopted pursuant to
Section 65089.4.
(2)
( 1) A performance element that includes
performance measures , as determined by the regional agency,
to evaluate current and future multimodal system
performance for the movement of people and goods.
performance. At a minimum, these performance measures shall
incorporate highway and roadway system performance, and
measures established for the frequency and routing of public transit,
and for the coordination of transit service provided by separate
operators. include vehicle miles traveled, air
emissions, and bicycle, transit, and pedestrian mode share.
These performance measures shall support mobility,
connectivity, air quality, land use, and economic
objectives, and shall be used in the development of the capital
improvement program required pursuant to paragraph (5),
deficiency plans required pursuant to Section 65089.4,
(4) and the land use analysis program required pursuant to
paragraph (4). (3).
(3)
( 2) A travel demand element that promotes
alternative a broad range of
transportation methods, options,
including, but not limited to, carpools, vanpools, transit, bicycles,
walking, and park-and-ride lots; improvements in the
balance between jobs and housing; and other strategies, including,
but not limited to, flexible work hours, telecommuting, and parking
management programs. The agency shall consider parking cash-out
programs during the development and update of the travel demand
element.
(4)
( 3) A program to analyze the
impacts of interaction between land use
decisions made by local jurisdictions on and
the regional transportation systems, including an
estimate of the costs associated with mitigating those impacts.
system. This program shall measure,
shall, to the extent possible, the
impact to the transportation system analyze local land
use and transportation decisions using the performance
measures described in paragraph (2). In no case shall the
program include an estimate of the costs of mitigating the impacts of
interregional travel. (1). The program shall
provide credit for local public and private contributions to
improvements to regional transportation systems. However, in the case
of toll road facilities, credit shall only be allowed for local
public and private contributions which are unreimbursed from toll
revenues or other state or federal sources. The agency shall
calculate the amount of the credit to be provided. The
program defined under this section may require implementation through
the requirements and analysis of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), in order to avoid duplication.
(5)
( 4) A seven-year capital improvement
program, developed using the performance measures described in
paragraph (2) to determine effective (1),
that includes projects that maintain or improve the performance
of the multimodal system for the movement of people and
goods, to mitigate regional transportation impacts identified
pursuant to paragraph (4). goods. The program
shall conform to transportation-related vehicle emission air quality
mitigation measures, and include any project that will increase the
capacity of the multimodal system. It is the intent of the
Legislature that, when roadway projects are identified in the
program, consideration be given for maintaining bicycle access and
safety at a level comparable to or better than that which
existed prior to the improvement or alteration. For roadway
capacity expansion projects, the agency shall include an analysis of
the potential for induced vehicle travel. The capital
improvement program may also include safety, maintenance, and
rehabilitation projects that do not enhance the capacity of the
system but are necessary to preserve the investment in existing
and new facilities.
(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions. The computer models shall be consistent
with the modeling methodology adopted by the regional planning
agency. The data bases used in the models shall be consistent with
the data bases used by the regional planning agency. Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
(d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a
deficiency plan pursuant to Section 65089.4, (b)
shall grant to that development an appropriate reduction in the
parking requirements otherwise in effect for new commercial
development.
(2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
SEC. 6. Section 65089.2 of the
Government Code is amended to read:
65089.2. (a) Congestion management programs shall be submitted to
the regional agency. The regional agency shall evaluate the
consistency between the program and the regional transportation plans
required pursuant to Section 65080. 65080,
including any adopted sustainable communities strategy.
The regional agency shall additionally evaluate how the program
contributes to achieving the greenhouse gas reduction target for the
region established by the State Air Resources Board pursuant to
Section 65080. In the case of a multicounty regional
transportation planning agency, that agency shall evaluate the
consistency and compatibility of the programs within the region.
(b) The regional agency, upon finding that the program is
consistent, shall incorporate the program into the regional
transportation improvement program as provided for in Section 65082.
If the regional agency finds the program is inconsistent, it may
exclude any project in the congestion management program from
inclusion in the regional transportation improvement program.
(c) (1) The regional agency shall not program any surface
transportation program funds and congestion mitigation and air
quality funds pursuant to Sections 182.6 and 182.7 of the Streets and
Highways Code in a county unless a congestion management program has
been adopted by December 31, 1992, as required pursuant to Section
65089. No surface transportation program funds or congestion
mitigation and air quality funds shall be programmed for a project in
a local jurisdiction that has been found to be in nonconformance
with a congestion management program pursuant to Section 65089.5
unless the agency finds that the project is of regional significance.
(2) Notwithstanding any other provision of law, upon the
designation of an urbanized area, pursuant to the 1990 federal census
or a subsequent federal census, within a county which previously did
not include an urbanized area, a congestion management program as
required pursuant to Section 65089 shall be adopted within a period
of 18 months after designation by the Governor.
(d) (1) It is the intent of the Legislature that the regional
agency, when its boundaries include areas in more than one county,
should resolve inconsistencies and mediate disputes that arise
between agencies related to congestion management programs adopted
for those areas.
(2) It is the further intent of the Legislature that disputes that
may arise between regional agencies, or agencies that are not within
the boundaries of a multicounty regional transportation planning
agency, should be mediated and resolved by the Secretary of
Transportation, or an employee of the Transportation Agency
designated by the secretary, in consultation with the air pollution
control district or air quality management district within whose
boundaries the regional agency or agencies are located.
(e) At the request of the agency, a local jurisdiction that owns,
or is responsible for operation of, a trip-generating facility in
another county shall participate in the congestion management program
of the county where the facility is located. If a dispute arises
involving a local jurisdiction, the agency may request the regional
agency to mediate the dispute through procedures pursuant to
subdivision (d). Failure to resolve the dispute does not invalidate
the congestion management program.
SEC. 7. Section 65089.3 of the
Government Code is amended to read:
65089.3. The agency shall monitor the implementation of all
elements of the congestion management program. The department is
responsible for data collection and analysis on state highways,
unless the agency designates that responsibility to another entity.
The agency may also assign data collection and analysis
responsibilities to other owners and operators of facilities or
services if the responsibilities are specified in its adopted
program. The agency shall consult with the department and other
affected owners and operators in developing data collection and
analysis procedures and schedules prior to program adoption. At least
biennially, the agency shall determine if the county and cities are
conforming to the congestion management program, including,
but not limited to, all of the following: program.
(a) Consistency with levels of service standards, except as
provided in Section 65089.4.
(b) Adoption and implementation of a program to analyze the
impacts of land use decisions, including the estimate of the costs
associated with mitigating these impacts.
(c) Adoption and implementation of a deficiency plan pursuant to
Section 65089.4 when highway and roadway level of service standards
are not maintained on portions of the designated system.
SEC. 8. Section 65089.4 of the
Government Code is repealed.
65089.4. (a) A local jurisdiction shall prepare a deficiency plan
when highway or roadway level of service standards are not
maintained on segments or intersections of the designated system. The
deficiency plan shall be adopted by the city or county at a noticed
public hearing.
(b) The agency shall calculate the impacts subject to exclusion
pursuant to subdivision (f) of this section, after consultation with
the regional agency, the department, and the local air quality
management district or air pollution control district. If the
calculated traffic level of service following exclusion of these
impacts is consistent with the level of service standard, the agency
shall make a finding at a publicly noticed meeting that no deficiency
plan is required and so notify the affected local jurisdiction.
(c) The agency shall be responsible for preparing and adopting
procedures for local deficiency plan development and implementation
responsibilities, consistent with the requirements of this section.
The deficiency plan shall include all of the following:
(1) An analysis of the cause of the deficiency. This analysis
shall include the following:
(A) Identification of the cause of the deficiency.
(B) Identification of the impacts of those local jurisdictions
within the jurisdiction of the agency that contribute to the
deficiency. These impacts shall be identified only if the calculated
traffic level of service following exclusion of impacts pursuant to
subdivision (f) indicates that the level of service standard has not
been maintained, and shall be limited to impacts not subject to
exclusion.
(2) A list of improvements necessary for the deficient segment or
intersection to maintain the minimum level of service otherwise
required and the estimated costs of the improvements.
(3) A
list of improvements, programs, or actions, and estimates of costs,
that will (A) measurably improve multimodal performance, using
measures defined in paragraphs (1) and (2) of subdivision (b) of
Section 65089, and (B) contribute to significant improvements in air
quality, such as improved public transit service and facilities,
improved nonmotorized transportation facilities, high occupancy
vehicle facilities, parking cash-out programs, and transportation
control measures. The air quality management district or the air
pollution control district shall establish and periodically revise a
list of approved improvements, programs, and actions that meet the
scope of this paragraph. If an improvement, program, or action on the
approved list has not been fully implemented, it shall be deemed to
contribute to significant improvements in air quality. If an
improvement, program, or action is not on the approved list, it shall
not be implemented unless approved by the local air quality
management district or air pollution control district.
(4) An action plan, consistent with the provisions of Chapter 5
(commencing with Section 66000), that shall be implemented,
consisting of improvements identified in paragraph (2), or
improvements, programs, or actions identified in paragraph (3), that
are found by the agency to be in the interest of the public health,
safety, and welfare. The action plan shall include a specific
implementation schedule. The action plan shall include implementation
strategies for those jurisdictions that have contributed to the
cause of the deficiency in accordance with the agency's deficiency
plan procedures. The action plan need not mitigate the impacts of any
exclusions identified in subdivision (f). Action plan strategies
shall identify the most effective implementation strategies for
improving current and future system performance.
(d) A local jurisdiction shall forward its adopted deficiency plan
to the agency within 12 months of the identification of a
deficiency. The agency shall hold a noticed public hearing within 60
days of receiving the deficiency plan. Following that hearing, the
agency shall either accept or reject the deficiency plan in its
entirety, but the agency may not modify the deficiency plan. If the
agency rejects the plan, it shall notify the local jurisdiction of
the reasons for that rejection, and the local jurisdiction shall
submit a revised plan within 90 days addressing the agency's
concerns. Failure of a local jurisdiction to comply with the schedule
and requirements of this section shall be considered to be
nonconformance for the purposes of Section 65089.5.
(e) The agency shall incorporate into its deficiency plan
procedures, a methodology for determining if deficiency impacts are
caused by more than one local jurisdiction within the boundaries of
the agency.
(1) If, according to the agency's methodology, it is determined
that more than one local jurisdiction is responsible for causing a
deficient segment or intersection, all responsible local
jurisdictions shall participate in the development of a deficiency
plan to be adopted by all participating local jurisdictions.
(2) The local jurisdiction in which the deficiency occurs shall
have lead responsibility for developing the deficiency plan and for
coordinating with other impacting local jurisdictions. If a local
jurisdiction responsible for participating in a multi-jurisdictional
deficiency plan does not adopt the deficiency plan in accordance with
the schedule and requirements of paragraph (a) of this section, that
jurisdiction shall be considered in nonconformance with the program
for purposes of Section 65089.5.
(3) The agency shall establish a conflict resolution process for
addressing conflicts or disputes between local jurisdictions in
meeting the multi-jurisdictional deficiency plan responsibilities of
this section.
(f) The analysis of the cause of the deficiency prepared pursuant
to paragraph (1) of subdivision (c) shall exclude the following:
(1) Interregional travel.
(2) Construction, rehabilitation, or maintenance of facilities
that impact the system.
(3) Freeway ramp metering.
(4) Traffic signal coordination by the state or
multi-jurisdictional agencies.
(5) Traffic generated by the provision of low-income and very low
income housing.
(6) (A) Traffic generated by high-density residential development
located within one-fourth mile of a fixed rail passenger station, and
(B) Traffic generated by any mixed use development located within
one-fourth mile of a fixed rail passenger station, if more than half
of the land area, or floor area, of the mixed use development is used
for high density residential housing, as determined by the agency.
(g) For the purposes of this section, the following terms have the
following meanings:
(1) "High density" means residential density development which
contains a minimum of 24 dwelling units per acre and a minimum
density per acre which is equal to or greater than 120 percent of the
maximum residential density allowed under the local general plan and
zoning ordinance. A project providing a minimum of 75 dwelling units
per acre shall automatically be considered high density.
(2) "Mixed use development" means development which integrates
compatible commercial or retail uses, or both, with residential uses,
and which, due to the proximity of job locations, shopping
opportunities, and residences, will discourage new trip generation.
SEC. 9. Section 65089.5 of the
Government Code is amended to read:
65089.5. (a) If, pursuant to the monitoring provided for in
Section 65089.3, the agency determines, following a noticed public
hearing, that a city or county is not conforming with the
requirements of the congestion management program, the agency shall
notify the city or county in writing of the specific areas of
nonconformance. If, within 90 days of the receipt of the written
notice of nonconformance, the city or county has not come into
conformance with the congestion management program, the governing
body of the agency shall make a finding of nonconformance and shall
submit the finding to the commission and to the Controller.
(b) (1) Upon receiving notice from the agency of nonconformance,
the Controller shall withhold apportionments of funds required to be
apportioned to that nonconforming city or county by Section 2105 of
the Streets and Highways Code.
(2) If, within the 12-month period following the receipt of a
notice of nonconformance, the Controller is notified by the agency
that the city or county is in conformance, the Controller shall
allocate the apportionments withheld pursuant to this section to the
city or county.
(3) If the Controller is not notified by the agency that the city
or county is in conformance pursuant to paragraph (2), the Controller
shall allocate the apportionments withheld pursuant to this section
to the agency.
(c) The agency shall use funds apportioned under this section for
projects of regional significance which are included in the capital
improvement program required by paragraph (5)
(4) of subdivision (b) of Section 65089, or in a
deficiency plan which has been adopted by the agency.
65089. The agency shall not use these funds for administration
or planning purposes.
SEC. 10. Section 65089.7 of the
Government Code is amended to read:
65089.7. A proposed development specified in a development
agreement entered into prior to July 10, 1989, shall not be subject
to any action taken to comply with this chapter, except actions
required to be taken with respect to the trip reduction and travel
demand element of a congestion management program pursuant to
paragraph (3) (2) of subdivision (b) of
Section 65089.
SEC. 11. Section 65089.9 of the
Government Code is repealed.
65089.9. The study steering committee established pursuant to
Section 6 of Chapter 444 of the Statutes of 1992 may designate at
least two congestion management agencies to participate in a
demonstration study comparing multimodal performance standards to
highway level of service standards. The department shall make
available, from existing resources, fifty thousand dollars ($50,000)
from the Transportation Planning and Development Account in the State
Transportation Fund to fund each of the demonstration projects. The
designated agencies shall submit a report to the Legislature not
later than June 30, 1997, regarding the findings of each
demonstration project.
SEC. 12. Section 65089.10 of the
Government Code is amended to read:
65089.10. Any congestion management agency that is located in the
Bay Area Air Quality Management District and receives funds pursuant
to Section 44241 of the Health and Safety Code for the purpose of
implementing paragraph (3) (2) of
subdivision (b) of Section 65089 shall ensure that those funds are
expended as part of an overall program for improving air quality and
for the purposes of this chapter.
SEC. 13. 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.