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Prepared By Proofed By

AMENDMENTS TO SENATE BILL NO. 731   AS AMENDED IN ASSEMBLY AUGUST 6, 2013

In the title, in line 2, strike out “Section” and insert:

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Amendment 1 Amendment 2

Sections 65088.1, 65088.4, and

In the title, in line 4, strike out “21167.6.2 and” and insert:

21007, 21167.6.2, and

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Amendment 3 On page 5, strike out lines 2 to 40, inclusive, on page 6, strike out lines 1 to 7, inclusive, in line 21, strike out “SEC. 2.” and insert:
 

SECTION 1.

On page 6, in line 23, strike out “SEC. 3.” and insert:

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Amendment 4 Amendment 5

SEC. 2.

On page 7, in line 4, strike out “SEC. 4.” and insert:

SEC. 3.

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Amendment 6 On page 7, between lines 18 and 19, insert:

SEC. 4. 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, “regional agency” means the agency responsible for preparation of the regional transportation improvement program. (b)

(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.

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(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.

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(10) Unique vehicles. (c) “Commission” means the California Transportation Commission. (d) “Department” means the Department of Transportation. (e) “Local jurisdiction” means a city, a county, or a city and county. (f) “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.

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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. (g)

(e) “Infill opportunity zone” means a specific area designated by a city or county, pursuant to subdivision (c) of Section 65088.4, zoned for new compact residential or mixed use development within one-third mile of a site with an existing or future rail transit station, a ferry terminal served by either a bus or rail transit service, an intersection of at least two major bus routes, or within 300 feet of a bus rapid transit corridor, in counties with a population over 400,000. The mixed use development zoning shall consist of three or more land uses that facilitate significant human

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interaction in close proximity, with residential use as the primary land use supported by other land uses such as office, hotel, health care, hospital, entertainment, restaurant, retail, and service uses. The transit service shall have maximum scheduled headways of 15 minutes for at least 5 hours per day. A qualifying future rail station shall have broken ground on construction of the station and programmed operational funds to
 

provide maximum scheduled headways of 15 minutes for at least 5 hours per day. 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. (h) (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. (i)

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(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.

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(h) “Local jurisdiction” means a city, a county, or a city and county. (j) (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) (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.

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(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

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performance measure as part of the program does not trigger the requirement for the preparation of deficiency plans. (l) “Urbanized area” has the same meaning as is defined in the 1990 federal census for urbanized areas of more than 50,000 population. (m) “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.

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(m) Unless the context requires otherwise, “regional agency” means the agency responsible for preparation of the regional transportation improvement program. SEC. 5. Section 65088.4 of the Government Code is amended to read: 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,

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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. The city or county shall do either of the following:
 

(1) Include these streets and highways under an alternative areawide level of service standard or multimodal composite or personal level of service standard that takes into account both of the following:

(A) The broader benefits of regional traffic congestion reduction by siting new residential development within walking distance of, and no more than one-third mile from, mass transit stations, shops, and services, in a manner that reduces the need for long vehicle commutes and improves the jobs-housing balance. (B) Increased use of alternative transportation modes, such as mass transit, bicycling, and walking. (2) Approve a list of flexible level of service mitigation options that includes roadway expansion and investments in alternate modes of transportation that may include, but are not limited to, transit infrastructure, pedestrian infrastructure, and ridesharing, vanpool, or shuttle programs.

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(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. A city or county may not designate an infill opportunity zone after December 31, 2009. plan, and is a transit priority area within a

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sustainable communities strategy or alternative planning strategy adopted by the applicable metropolitan planning organization. (d) The city or county in which the infill opportunity zone is located shall ensure that a development project shall be completed within the infill opportunity zone not more than four years after the date on which the city or county adopted its resolution
 

pursuant to subdivision (c). If no development project is completed within an infill opportunity zone by the time limit imposed by this subdivision, the infill opportunity zone shall automatically terminate.

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Amendment 7

On page 7, in line 19, strike out “SEC. 5.” and insert:

SEC. 6.

On page 8, in line 5, strike out “argument, speculation,”, strike out lines 6 to 9, inclusive, and insert:

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Amendment 8

information described as not being substantial evidence in subdivision (c) of Section 21082.2. SEC. 7. Section 21007 is added to the Public Resources Code, to read:

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21007. (a) The Legislature finds and declares the following: (1) With the adoption of Chapter 728 of the Statutes of 2008, popularly known as 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 in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). 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.

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(2) Transportation analyses under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) typically study changes in automobile delay. New methodologies under the California Environmental Quality Act are needed for evaluating transportation impacts that are better able to promote the state’s goals of reducing greenhouse gas emissions and traffic-related air pollution, promoting the development of a multimodal transportation system, and providing clean, efficient access to destinations. The Sustainable Communities and Climate Protection Act of 2008 created new provisions in the California Environmental Quality Act for projects in transit priority areas. The Office of Planning and Research should similarly be directed to prepare new criteria for assessing the significance of transportation impacts that will help the state to achieve its goals within transit priority areas.

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(b) It is the intent of the Legislature to do all of the following: (1) Ensure that the environmental impacts of traffic, such as noise, air pollution, and safety concerns, continue to be properly addressed and mitigated through the California Environmental Quality Act. (2) Amend Section 65457 of the Government Code, which exempts from the
 

California Environmental Quality Act projects undertaken pursuant to a specific plan for which an environmental impact report has been prepared, unless conditions specified under Section 21166 of the Public Resources Code have occurred, to define with greater specificity what “new information” means, and to avoid duplicative review undertaken pursuant to the California Environmental Quality Act for projects and activities that comply with that plan.

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(3) Enact amendments to Section 21168.9 of the Public Resources Code to establish clearer procedures for a trial court to remand to a lead agency for remedying only those portions of an environmental impact report, negative declaration, or mitigated negative declaration found to be in violation of the California Environmental Quality Act, while retaining those portions that are not in violation so that the violations can be corrected, recirculated for public comment, and completed more efficiently and expeditiously.

(4) Specify the circumstances under which a court could allow project approvals to remain in place and for projects to proceed.

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Amendment 9 On page 12, in line 4, strike out “SEC. 6.” and insert:

SEC. 8.
 

On page 12, in line 35, after “for” insert:

a project, including

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Amendment 10 Amendment 11

On page 12, in line 35, strike out the second “project” and insert:

project,

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Amendment 12

On page 13, in line 1, strike out “quality” and insert:

quality,

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Amendment 13 On page 13, in line 3, strike out “SEC. 7.” and insert:

SEC. 9.
 

On page 13, in line 9, strike out “15” and insert:

10

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Amendment 14 Amendment 15

On page 13, in line 10, after the period insert:

A lead agency may provide a copy of the draft findings and the notice of their proposed adoption pursuant to Section 54957.5 of the Government Code if the posting of the draft finding and notice otherwise complies with this section.

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Amendment 16 On page 13, in line 34, strike out “SEC. 8.” and insert:

SEC. 10.
 

On page 15, in line 5, after the comma insert:

and upon the request of a member of the public,

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Amendment 17 Amendment 18

On page 15, in line 6, strike out “an annual” and insert:

a

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Amendment 19 On page 15, in line 7, strike out “The” and insert:

To the extent the lead agency operates or maintains an Internet Web site, the

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Amendment 20 On page 15, in line 11, strike out “SEC. 9.” and insert:

SEC. 11.
 

On page 15, in line 14, strike out “Standardized Thresholds of Significance” and insert:

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Amendment 21 Amendment 22

Modernization of Transportation Analysis

On page 15, in line 34, strike out “improve” and insert:

improved

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Amendment 23 On page 16, strike out lines 11 to 25, inclusive, and insert:

(b) (1) The Office of Planning and Research shall prepare, develop, and transmit
 

to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to the guidelines adopted pursuant to Section 21083 establishing criteria for determining the significance of transportation impacts of projects within transit priority areas. Those criteria may address a project’s vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, automobile trips generated, or other metrics that promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. The office may also establish criteria for models used in determining these impacts in order to be sure the models are accurate, reliable, and consistent with the intent of this section. (2) Upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of capacity or congestion within a transit priority area, shall not support a finding of significance pursuant to this division. (3) This subdivision does not relieve a public agency from the requirement of analyzing a project’s potentially significant impacts related to air quality, noise, safety, or any other impact associated with transportation. The methodology established by these guidelines shall not create a presumption that a project will not result in significant impacts related to air quality, noise, safety, or any other impact associated with

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transportation. Notwithstanding the foregoing, the adequacy of parking for a project shall not support a finding of significance pursuant to this section. (4) This subdivision does not preclude the application of local general plan policies, zoning codes, conditions of approval, or any other planning requirements pursuant to the police power or any other authority.
 

(5) On or before July 1, 2014, the Office of Planning and Research shall circulate a draft revision prepared pursuant to paragraph (1). (6) This section does not affect the discretion of the Office of Planning and Research and the Natural Resources Agency in developing changes to the guidelines adopted pursuant to Section 21083.

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Amendment 24

On page 16, strike out lines 36 and 37

On page 17, in line 1, strike out “more stringent”

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Amendment 25

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Amendment 26 On page 17, in line 2, strike out “for projects subject to this division.” and insert:

that are more protective of the environment and consistent with Section 21007.
 

On page 17, in line 3, strike out “SEC. 10.” and insert:

SEC. 12.

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Amendment 27 Amendment 28

On page 18, in line 25, strike out “SEC. 11.” and insert:

SEC. 13.

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Amendment 29

On page 21, in line 23, strike out “SEC. 12.” and insert:

SEC. 14.

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Amendment 30 On page 21, in line 34, strike out “process.” and insert:

process, in a standardized format, as reasonably determined by the lead agency.
 

On page 23, in line 21, strike out “SEC. 13.” and insert:

SEC. 15.

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Amendment 31 Amendment 32

On page 23, in line 30, strike out “Section 21094.5 of”

On page 24, in line 24, strike out “SEC. 14.” and insert:

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Amendment 33

SEC. 16.

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Amendment 34 On page 25, in line 8, strike out “SEC. 15.” and insert:

SEC. 17.
 

On page 26, in line 37, strike out “SEC. 16.” and insert:

SEC. 18.

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Amendment 35 Amendment 36

On page 27, in line 3, strike out “SEC. 17.” and insert:

SEC. 19.

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