Today's Law As Amended


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AB-574 California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: sustainable communities strategies.(2013-2014)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares all of the following:
(1) The largest source of greenhouse gas emissions in the state is the transportation sector and implementation of the California Global Warming Solutions Act of 2006 depends on achieving significant emissions reductions from that sector.
(2) A key method to reduce transportation emissions is the development of sustainable communities strategies and other regional plans that encourage more compact development and investment in alternatives to the automobile, thereby reducing the total amount of driving necessary to meet mobility needs.
(3) Local governments tasked with implementing sustainable community strategies, and other greenhouse gas emissions reducing regional plans, lack the funds for the infrastructure necessary to accommodate patterns of growth consistent with the state’s climate goals.
(4) Integrating transportation and public infrastructure investments with changes in land use provide significantly greater greenhouse gas emissions reductions than single purpose investment strategies and contribute to making communities more livable.
(5) Without changed land use patterns and improved transportation investments, the state will not be able to achieve the goals of the California Global Warming Solutions Act of 2006.
(b) It is the intent of the Legislature that revenues from market-based compliance mechanisms related to motor vehicle fuels should be allocated to projects, programs, and policies that reduce greenhouse gas emissions from the transportation sector.

SEC. 2.

 Part 9 (commencing with Section 38800) is added to Division 25.5 of the Health and Safety Code, to read:

PART 9. Sustainable Communities Infrastructure Program

38800.
 Moneys appropriated from the Greenhouse Gas Reduction Fund pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 for investments in sustainable communities strategies required pursuant to Section 65080 of the Government Code and for related purposes as provided in this part, shall be allocated in accordance with this part.
38801.
 Appropriated moneys shall be allocated for projects that do all of the following:
(a) Provide cost-effective and feasible reductions in greenhouse gas emissions.
(b) Combine transportation investments with local land use modifications and other local policy changes to provide greenhouse gas emissions reductions and, where feasible, to achieve other public benefits, such as improvements in any of the following:
(1) Air quality.
(2) Public health.
(3) Resource protection.
(4) Environmental justice.
(5) Affordable housing supply.
(6) Protection of agricultural land.
(7) Public safety.
(8) Water quality and supply.
(9) Economic development and job creation.
(c) Implement either an approved sustainable communities strategy or alternative planning strategy, pursuant to Section 65080 of the Government Code, within existing urbanized or developed areas in regions with a metropolitan planning organization. For regions that do not have a metropolitan planning organization, projects shall reduce greenhouse gas emissions consistent with the regional transportation plan or other regional plan.
(d) Meet the requirements of Section 38804 or 38805.
(e) Are selected through a competitive process based on cost-effective greenhouse gas emissions reductions using criteria for evaluating long-term greenhouse gas emissions benefits established by the state board.
(f) Comply with the requirements to benefit economically disadvantaged communities, pursuant to Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26.
38802.
 (a) The California Transportation Commission, in consultation with the state board, shall designate the regional granting authority within each region of the state to administer moneys allocated pursuant to subdivision (b). The regional granting authority shall be the agency responsible for the development of the regional transportation plan pursuant to Section 65080 of the Government Code. Two or more entities responsible for the development of a regional transportation plan pursuant to Section 65080 of the Government Code may create a multiregional granting authority.
(b) Moneys that are allocated for regional grant programs shall be allocated to the regional granting authority in each region on a per capita basis by the Controller using the latest information from the Demographic Research Unit of the Department of Finance.
(c) Moneys that are allocated to interregional investments shall be administered by the Business and Transportation Agency, in consultation with the California Transportation Commission and the High-Speed Rail Authority for rail modernization that has both regional and interregional benefits and for other statewide transportation priorities that achieve greenhouse gas emissions reductions.
38803.
 (a) The state board, in consultation with the California Transportation Commission and the Strategic Growth Council, shall establish the criteria for the development and implementation of regional grant programs that do all of the following:
(1) Require that projects be selected within each region by the regional granting authority through a competitive public process based on greenhouse gas emissions reductions.
(2) Provide criteria for evaluating long-term greenhouse gases impacts.
(3) Establish the methods for evaluating, monitoring, and verifying project effectiveness, including those related to travel demand reduction, system efficiency, safety improvements, demographic characteristics, and integrated land use and transportation strategies.
(4) Encourage flexibility, collaboration, and innovation at the local level to develop cost-effective projects and to address local and regional transportation and community needs.
(5) Provide for the development and implementation of projects that integrate infrastructure investment with land use or local code changes to achieve the maximum greenhouse gas emissions reductions.
(6) Provide for public participation in the review of proposed projects. Regional granting authorities shall, at a minimum, conduct a 30-day public review and comment process consistent with the public participation requirements of Section 134(i)(6)(A) of Title 23 of the United States Code.
(7) Provide for consultation and coordination with air pollution control and air quality management districts.
(b) The state board, in consultation with the Strategic Growth Council and metropolitan planning organizations, shall establish standards for integrated modeling systems and measurement methods to ensure consistency in evaluating the potential effectiveness of projects and verifying actual benefits of projects after completion.
(c) The state board shall review the implementation of this section on an annual basis and may revise the criteria for project selection, evaluation, monitoring, and verification as needed to improve program performance.
38804.
 The state board, in consultation with the California Transportation Commission and the Strategic Growth Council, shall establish standards for the use of moneys for projects to ensure compliance with this division. Eligible uses of the moneys shall include any of the following:
(a) Transportation network and demand management, including, but not limited to, trip-reduction programs, congestion pricing, and roadway modifications, such as roundabouts.
(b) Public transportation, including operations, maintenance, and capital costs.
(c) Road and bridge maintenance; operations and retrofits for complete streets, bike, and pedestrian safety enhancements; safe routes to schools; and urban greening.
(d) Clean transportation fueling infrastructure and support.
(e) Multimodal network connectivity to reduce travel distances and improve access to parks, schools, jobs, housing, and markets for rural and urban communities, including neighborhood scale planning.
(f) Development and adoption of local plans and land use policies that help to implement regional plans.
(g) Community infrastructure, including public works and municipal improvements necessary to support transit-oriented development, affordable housing, infill in existing urbanized areas, and small walkable communities in rural neighborhoods.
(h) Multiuse facilities and accommodations for bicyclists, pedestrians, and neighborhood electric vehicles.
(i) Interregional rail modernization and related community infrastructure.
(j) Administrative costs and development and use of evaluation, monitoring, and verification systems.
38805.
 The state board in consultation with the California Transportation Commission may identify additional eligible uses of funds that provide greenhouse gas emissions reductions consistent with the requirements of this part.
38806.
 It is the intent of the Legislature that moneys shall be appropriated for this part only in a manner consistent with the requirements of this division, Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26, and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
38807.
 Implementation of this part, including development of standards and guidelines by the state board and the provision of financial assistance to eligible recipients, is contingent upon appropriation of funds for these purposes by the Legislature.