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AB-1992 Transportation: transportation infrastructure: climate change.(2019-2020)

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Date Published: 03/11/2020 09:00 PM
AB1992:v98#DOCUMENT

Amended  IN  Assembly  March 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1992


Introduced by Assembly Member Friedman

January 27, 2020


An act to amend Sections 14526.4 14526.4, 14526.7, and 65072.2 of of, and to add Section 14522.4 to, the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1992, as amended, Friedman. Transportation: asset management plan: California Transportation Plan: transportation infrastructure: climate change.
Existing law vests the Department of Transportation with full possession and control of the state highway system. Existing law requires the department, in consultation with the California Transportation Commission, to prepare a robust asset management plan that assesses the health and condition of the state highway system and with which the department is able to determine the most effective way to apply the state’s limited resources.
Existing law requires the department to prepare the California Transportation Plan for submission to the Governor and the Legislature, to complete the 3rd update to the plan by December 31, 2025, and to update the plan every 5 years thereafter, as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent. The plan is required to consider various subject areas for the movement of people and freight, including environmental protection. Existing law requires the Strategic Growth Council, by January 31, 2022, to complete a report that includes, among other things, an overview of the California Transportation Plan and specified sustainable communities strategies and alternative planning strategies. Existing law authorizes the commission, in cooperation with transportation planning agencies, to prescribe study areas for analysis and evaluation by those agencies and guidelines for the preparation of regional transportation plans. Existing law requires designated transportation planning agencies to prepare and adopt regional transportation plans.
This bill would state the intent of the Legislature to enact legislation that would establish a new program to fund climate change adaptation planning for transportation impacts, data collection, modeling, and training. The bill would require the department, in consultation with the commission, to update the asset management plan on or before December 31, 2022, and every 4 years thereafter, and for the update updates to also address take into account the forecasted impacts of climate change on transportation infrastructure impacts of climate change. infrastructure. The bill would require both the 3rd update updates to the California Transportation Plan, which is due in 2025, Plan and the Strategic Growth Council’s report to include a forecast of the impacts of climate change on transportation impacts of climate change infrastructure and measures to address those impacts. The bill would require the commission’s revisions to the guidelines for the preparation of regional transportation plans to include a requirement that designated transportation planning agencies take into account the forecasted transportation infrastructure impacts of climate change. By requiring regional transportation plans to take into account this additional factor, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 It is the intent of the Legislature to enact legislation that would establish a new program to fund climate change adaptation planning for transportation impacts, data collection, modeling, and training.

SEC. 2.

 Section 14522.4 is added to the Government Code, to read:

14522.4.
 The commission shall include in its next revision of its guidelines prescribed pursuant to Section 14522 a requirement that transportation planning agencies designated under Section 29532 or 29532.1 take into account the forecasted transportation infrastructure impacts of climate change based on the best available science.

SEC. 2.SEC. 3.

 Section 14526.4 of the Government Code is amended to read:

14526.4.
 (a) The department, in consultation with the commission, shall prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program required by Section 14526.5. The asset management plan shall be consistent with any applicable state and federal requirements.

(b)The department may prepare the asset management plan in phases, with the first phase to be implemented with the 2016 state highway operation and protection program, and the complete asset management plan to be prepared no later than the 2020 state highway operation and protection program.

(c)

(b) In connection with the asset management plan, the commission shall do both of the following:
(1) Adopt targets and performance measures reflecting state transportation goals and objectives.
(2) Review and approve the asset management plan, including the final version of the first phase and the complete plan prepared by the department pursuant to subdivision (b). plan.

(d)

(c) (1) The department, in consultation with the commission, shall update the asset management plan on or before December 31, 2022. 2022, and every four years thereafter.
(2) The Each updated asset management plan shall also address take into account the forecasted impacts of climate change on transportation infrastructure impacts of climate change. based on the best available science.

(e)

(d) As used in this section, “asset management plan” means a document assessing the health and condition of the state highway system with which the department is able to determine the most effective way to apply the state’s limited resources.

SEC. 4.

 Section 14526.7 of the Government Code is amended to read:

14526.7.
 (a) The department shall incorporate the performance targets in subdivision (n) of Section 1 of the act adding this section Chapter 5 of the Statutes of 2017 into the asset management plan adopted by the commission and targets adopted by the commission pursuant to Sections 14526.4 and 14526.5. The asset management plan shall also include targets adopted by the commission in consultation with the department for each asset class included in subdivision (n) of Section 1 of the act adding this section Chapter 5 of the Statutes of 2017 to measure the degree to which progress was made towards achieving the overall 2027 targets. Targets may be modified by the commission as needed to conform to federal regulation on performance measures and the completion of the department’s asset management plan. Nothing in this This section precludes does not preclude the commission from adopting additional targets and performance measures pursuant to paragraph (1) of subdivision (c) (b) of Section 14526.4.
(b) As specified by guidelines adopted by the commission, the department shall report to the commission on its progress toward meeting the targets and performance measures established for state highways pursuant to subdivision (n) of Section 1 of the act adding this section Chapter 5 of the Statutes of 2017 and paragraph (1) of subdivision (c) (b) of Section 14526.4.

SEC. 3.SEC. 5.

 Section 65072.2 of the Government Code is amended to read:

65072.2.
 (a) The department shall address in the California Transportation Plan how the state will achieve maximum feasible emissions reductions in order to attain a statewide reduction of greenhouse gas emissions to 1990 levels by 2020 and 40 percent below 1990 levels by December 31, 2030, as required by the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and how the plan is consistent with, and supports attaining, all state ambient air quality standards, as set forth in Section 70200 of Title 17 of the California Code of Regulations, and national ambient air quality standards, as established pursuant to Section 7409 of Title 42 of the United States Code, in all areas of the state, as described in California’s state implementation plans required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), taking into consideration the use of alternative fuels, new vehicle technology, tailpipe emissions reductions, ride sharing, vehicle pooling, and expansion of public transit, commuter rail, intercity rail, bicycling, and walking. The plan shall identify the statewide integrated multimodal transportation system needed to achieve these results.
(b) Commencing with the third update to the California Transportation Plan, the department shall include the following information in the plan:
(1) A forecast of the impacts of advanced and emerging technologies over a 20-year horizon on infrastructure, access, and transportation systems. For purposes of this paragraph, “advanced and emerging technologies” includes, but is not limited to, shared, autonomous, connected, and electric transportation options.
(2) A forecast of the impacts of climate change on transportation impacts of climate change infrastructure and measures to address those impacts. impacts, based on the best available science.
(3) A review of the progress made implementing past California Transportation Plans including, but not limited to, a review of actions taken in each region of the state to achieve the goals and policies outlined in the plan.
(c) (1) The Strategic Growth Council shall complete a report by January 31, 2022, and shall submit this report to the relevant policy and fiscal committees of the Legislature. The report shall contain all of the following:
(A) An overview of the California Transportation Plan and all sustainable communities strategies and alternative planning strategies prepared pursuant to paragraph (2) of subdivision (b) of Section 65080, and an assessment of how implementation of the California Transportation Plan, sustainable communities strategies, and alternative planning strategies will influence the configuration of the statewide integrated multimodal transportation system.
(B) A review of the potential impacts and opportunities for coordination of the following funding programs: the Affordable Housing and Sustainable Communities Program, the Transit and Intercity Rail Capital Program, the Low Carbon Transit Operations Program, the Transformative Climate Communities Program, and the Sustainable Transportation Planning Grant Program. The review shall be conducted in consultation with the agencies that administer these programs. The review shall include recommendations for the improvement of these programs or other relevant transportation funding programs to better align the programs to meet long-term common goals, including the goals outlined in the California Transportation Plan.
(C) A forecast of the impacts of climate change on transportation impacts of climate change infrastructure and measures to address those impacts. impacts, based on the best available science.
(2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 31, 2026, pursuant to Section 10231.5 of the Government Code.
(3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 6.

 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.