BILL NUMBER: AB 1098	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 27, 2015

   An act to amend Section 65089 of the Government Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1098, as introduced, Bloom. Transportation: congestion
management.
   Existing law requires a congestion management plan to be
developed, adopted, and updated biennially by a designated agency for
every county that includes an urbanized area.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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  level of service   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) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods. 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. These performance measures shall support
mobility, 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, and the land use analysis program
required pursuant to paragraph (4).
   (3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, 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) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts. This
program shall measure, to the extent possible, the impact to the
transportation system 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. 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) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective 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).
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 that which existed prior to the
improvement or alteration. 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 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, 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.