SECTIONS 65080-65086.5 - California Statutes

GOVERNMENT CODE

SECTION 65080-65086.5

65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall be an internally
consistent document and shall include all of the following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators including, but not limited to, all of the
following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, daily vehicle hours of delay per capita and vehicle
miles traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing existing
sources of information. No additional traffic counts, household
surveys, or other sources of data shall be required.
(2) A sustainable communities strategy prepared by each
metropolitan planning organization as follows:
(A) No later than September 30, 2010, the State Air Resources
Board shall provide each affected region with greenhouse gas emission
reduction targets for the automobile and light truck sector for 2020
and 2035, respectively.
(i) No later than January 31, 2009, the state board shall appoint
a Regional Targets Advisory Committee to recommend factors to be
considered and methodologies to be used for setting greenhouse gas
emission reduction targets for the affected regions. The committee
shall be composed of representatives of the metropolitan planning
organizations, affected air districts, the League of California
Cities, the California State Association of Counties, local
transportation agencies, and members of the public, including
homebuilders, environmental organizations, planning organizations,
environmental justice organizations, affordable housing
organizations, and others. The advisory committee shall transmit a
report with its recommendations to the state board no later than
September 30, 2009. In recommending factors to be considered and
methodologies to be used, the advisory committee may consider any
relevant issues, including, but not limited to, data needs, modeling
techniques, growth forecasts, the impacts of regional jobs-housing
balance on interregional travel and greenhouse gas emissions,
economic and demographic trends, the magnitude of greenhouse gas
reduction benefits from a variety of land use and transportation
strategies, and appropriate methods to describe regional targets and
to monitor performance in attaining those targets. The state board
shall consider the report prior to setting the targets.
(ii) Prior to setting the targets for a region, the state board
shall exchange technical information with the metropolitan planning
organization and the affected air district. The metropolitan planning
organization may recommend a target for the region. The metropolitan
planning organization shall hold at least one public workshop within
the region after receipt of the report from the advisory committee.
The state board shall release draft targets for each region no later
than June 30, 2010.
(iii) In establishing these targets, the state board shall take
into account greenhouse gas emission reductions that will be achieved
by improved vehicle emission standards, changes in fuel composition,
and other measures it has approved that will reduce greenhouse gas
emissions in the affected regions, and prospective measures the state
board plans to adopt to reduce greenhouse gas emissions from other
greenhouse gas emission sources as that term is defined in
subdivision (i) of Section 38505 of the Health and Safety Code and
consistent with the regulations promulgated pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(iv) The state board shall update the regional greenhouse gas
emission reduction targets every eight years consistent with each
metropolitan planning organization's timeframe for updating its
regional transportation plan under federal law until 2050. The state
board may revise the targets every four years based on changes in the
factors considered under clause (iii). The state board shall
exchange technical information with the Department of Transportation,
metropolitan planning organizations, local governments, and affected
air districts and engage in a consultative process with public and
private stakeholders prior to updating these targets.
(v) The greenhouse gas emission reduction targets may be expressed
in gross tons, tons per capita, tons per household, or in any other
metric deemed appropriate by the state board.
(B) Each metropolitan planning organization shall prepare a
sustainable communities strategy, subject to the requirements of Part
450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal
Regulations, including the requirement to utilize the most recent
planning assumptions considering local general plans and other
factors. The sustainable communities strategy shall (i) identify the
general location of uses, residential densities, and building
intensities within the region, (ii) identify areas within the region
sufficient to house all the population of the region, including all
economic segments of the population, over the course of the planning
period of the regional transportation plan taking into account net
migration into the region, population growth, household formation and
employment growth, (iii) identify areas within the region sufficient
to house an eight-year projection of the regional housing need for
the region pursuant to Section 65584, (iv) identify a transportation
network to service the transportation needs of the region, (v) gather
and consider the best practically available scientific information
regarding resource areas and farmland in the region as defined in
subdivisions (a) and (b) of Section 65080.01, (vi) consider the state
housing goals specified in Sections 65580 and 65581, (vii) set forth
a forecasted development pattern for the region, which, when
integrated with the transportation network, and other transportation
measures and policies, will reduce the greenhouse gas emissions from
automobiles and light trucks to achieve, if there is a feasible way
to do so, the greenhouse gas emission reduction targets approved by
the state board, and (viii) allow the regional transportation plan to
comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec.
7506).
(C) (i) Within the jurisdiction of the Metropolitan Transportation
Commission, as defined by Section 66502, the Association of Bay Area
Governments shall be responsible for clauses (i), (ii), (iii), (v),
and (vi) of subparagraph (B), the Metropolitan Transportation
Commission shall be responsible for clauses (iv) and (viii) of
subparagraph (B); and the Association of Bay Area Governments and the
Metropolitan Transportation Commission shall jointly be responsible
for clause (vii) of subparagraph (B).
(ii) Within the jurisdiction of the Tahoe Regional Planning
Agency, as defined in Sections 66800 and 66801, the Tahoe
Metropolitan Planning Organization shall use the Regional Plan for
the Lake Tahoe Region as the sustainable community strategy, provided
that it complies with clauses (vii) and (viii) of subparagraph (B).
(D) In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, a subregional council of governments and the county
transportation commission may work together to propose the
sustainable communities strategy and an alternative planning
strategy, if one is prepared pursuant to subparagraph (I), for that
subregional area. The metropolitan planning organization may adopt a
framework for a subregional sustainable communities strategy or a
subregional alternative planning strategy to address the
intraregional land use, transportation, economic, air quality, and
climate policy relationships. The metropolitan planning organization
shall include the subregional sustainable communities strategy for
that subregion in the regional sustainable communities strategy to
the extent consistent with this section and federal law and approve
the subregional alternative planning strategy, if one is prepared
pursuant to subparagraph (I), for that subregional area to the extent
consistent with this section. The metropolitan planning organization
shall develop overall guidelines, create public participation plans
pursuant to subparagraph (F), ensure coordination, resolve conflicts,
make sure that the overall plan complies with applicable legal
requirements, and adopt the plan for the region.
(E) The metropolitan planning organization shall conduct at least
two informational meetings in each county within the region for
members of the board of supervisors and city councils on the
sustainable communities strategy and alternative planning strategy,
if any. The metropolitan planning organization may conduct only one
informational meeting if it is attended by representatives of the
county board of supervisors and city council members representing a
majority of the cities representing a majority of the population in
the incorporated areas of that county. Notice of the meeting or
meetings shall be sent to the clerk of the board of supervisors and
to each city clerk. The purpose of the meeting or meetings shall be
to discuss the sustainable communities strategy and the alternative
planning strategy, if any, including the key land use and planning
assumptions to the members of the board of supervisors and the city
council members in that county and to solicit and consider their
input and recommendations.
(F) Each metropolitan planning organization shall adopt a public
participation plan, for development of the sustainable communities
strategy and an alternative planning strategy, if any, that includes
all of the following:
(i) Outreach efforts to encourage the active participation of a
broad range of stakeholder groups in the planning process, consistent
with the agency's adopted Federal Public Participation Plan,
including, but not limited to, affordable housing advocates,
transportation advocates, neighborhood and community groups,
environmental advocates, home builder representatives, broad-based
business organizations, landowners, commercial property interests,
and homeowner associations.
(ii) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.
(iii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear understanding
of the issues and policy choices. At least one workshop shall be held
in each county in the region. For counties with a population greater
than 500,000, at least three workshops shall be held. Each workshop,
to the extent practicable, shall include urban simulation computer
modeling to create visual representations of the sustainable
communities strategy and the alternative planning strategy.
(iv) Preparation and circulation of a draft sustainable
communities strategy and an alternative planning strategy, if one is
prepared, not less than 55 days before adoption of a final regional
transportation plan.
(v) At least three public hearings on the draft sustainable
communities strategy in the regional transportation plan and
alternative planning strategy, if one is prepared. If the
metropolitan transportation organization consists of a single county,
at least two public hearings shall be held. To the maximum extent
feasible, the hearings shall be in different parts of the region to
maximize the opportunity for participation by members of the public
throughout the region.
(vi) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.
(G) In preparing a sustainable communities strategy, the
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.
(H) Prior to adopting a sustainable communities strategy, the
metropolitan planning organization shall quantify the reduction in
greenhouse gas emissions projected to be achieved by the sustainable
communities strategy and set forth the difference, if any, between
the amount of that reduction and the target for the region
established by the state board.
(I) If the sustainable communities strategy, prepared in
compliance with subparagraph (B) or (D), is unable to reduce
greenhouse gas emissions to achieve the greenhouse gas emission
reduction targets established by the state board, the metropolitan
planning organization shall prepare an alternative planning strategy
to the sustainable communities strategy showing how those greenhouse
gas emission targets would be achieved through alternative
development patterns, infrastructure, or additional transportation
measures or policies. The alternative planning strategy shall be a
separate document from the regional transportation plan, but it may
be adopted concurrently with the regional transportation plan. In
preparing the alternative planning strategy, the metropolitan
planning organization:
(i) Shall identify the principal impediments to achieving the
targets within the sustainable communities strategy.
(ii) May include an alternative development pattern for the region
pursuant to subparagraphs (B) to (G), inclusive.
(iii) Shall describe how the greenhouse gas emission reduction
targets would be achieved by the alternative planning strategy, and
why the development pattern, measures, and policies in the
alternative planning strategy are the most practicable choices for
achievement of the greenhouse gas emission reduction targets.
(iv) An alternative development pattern set forth in the
alternative planning strategy shall comply with Part 450 of Title 23
of, and Part 93 of Title 40 of, the Code of Federal Regulations,
except to the extent that compliance will prevent achievement of the
greenhouse gas emission reduction targets approved by the state
board.
(v) For purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), an alternative planning strategy shall not constitute a land
use plan, policy, or regulation, and the inconsistency of a project
with an alternative planning strategy shall not be a consideration in
determining whether a project may have an environmental effect.
(J) (i) Prior to starting the public participation process adopted
pursuant to subparagraph (F), the metropolitan planning organization
shall submit a description to the state board of the technical
methodology it intends to use to estimate the greenhouse gas
emissions from its sustainable communities strategy and, if
appropriate, its alternative planning strategy. The state board shall
respond to the metropolitan planning organization in a timely manner
with written comments about the technical methodology, including
specifically describing any aspects of that methodology it concludes
will not yield accurate estimates of greenhouse gas emissions, and
suggested remedies. The metropolitan planning organization is
encouraged to work with the state board until the state board
concludes that the technical methodology operates accurately.
(ii) After adoption, a metropolitan planning organization shall
submit a sustainable communities strategy or an alternative planning
strategy, if one has been adopted, to the state board for review,
including the quantification of the greenhouse gas emission
reductions the strategy would achieve and a description of the
technical methodology used to obtain that result. Review by the state
board shall be limited to acceptance or rejection of the
metropolitan planning organization's determination that the strategy
submitted would, if implemented, achieve the greenhouse gas emission
reduction targets established by the state board. The state board
shall complete its review within 60 days.
(iii) If the state board determines that the strategy submitted
would not, if implemented, achieve the greenhouse gas emission
reduction targets, the metropolitan planning organization shall
revise its strategy or adopt an alternative planning strategy, if not
previously adopted, and submit the strategy for review pursuant to
clause (ii). At a minimum, the metropolitan planning organization
must obtain state board acceptance that an alternative planning
strategy would, if implemented, achieve the greenhouse gas emission
reduction targets established for that region by the state board.
(K) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (J), shall either one be subject to any state
approval. Nothing in a sustainable communities strategy shall be
interpreted as superseding the exercise of the land use authority of
cities and counties within the region. Nothing in this section shall
be interpreted to limit the state board's authority under any other
provision of law. Nothing in this section shall be interpreted to
authorize the abrogation of any vested right whether created by
statute or by common law. Nothing in this section shall require a
city's or county's land use policies and regulations, including its
general plan, to be consistent with the regional transportation plan
or an alternative planning strategy. Nothing in this section requires
a metropolitan planning organization to approve a sustainable
communities strategy that would be inconsistent with Part 450 of
Title 23 of, or Part 93 of Title 40 of, the Code of Federal
Regulations and any administrative guidance under those regulations.
Nothing in this section relieves a public or private entity or any
person from compliance with any other local, state, or federal law.
(L) Nothing in this section requires projects programmed for
funding on or before December 31, 2011, to be subject to the
provisions of this paragraph if they (i) are contained in the 2007 or
2009 Federal Statewide Transportation Improvement Program, (ii) are
funded pursuant to Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2, or (iii) were specifically listed in a ballot
measure prior to December 31, 2008, approving a sales tax increase
for transportation projects. Nothing in this section shall require a
transportation sales tax authority to change the funding allocations
approved by the voters for categories of transportation projects in a
sales tax measure adopted prior to December 31, 2010. For purposes
of this subparagraph, a transportation sales tax authority is a
district, as defined in Section 7252 of the Revenue and Taxation
Code, that is authorized to impose a sales tax for transportation
purposes.
(M) A metropolitan planning organization, or a regional
transportation planning agency not within a metropolitan planning
organization, that is required to adopt a regional transportation
plan not less than every five years, may elect to adopt the plan not
less than every four years. This election shall be made by the board
of directors of the metropolitan planning organization or regional
transportation planning agency no later than June 1, 2009, or
thereafter 54 months prior to the statutory deadline for the adoption
of housing elements for the local jurisdictions within the region,
after a public hearing at which comments are accepted from members of
the public and representatives of cities and counties within the
region covered by the metropolitan planning organization or regional
transportation planning agency. Notice of the public hearing shall be
given to the general public and by mail to cities and counties
within the region no later than 30 days prior to the date of the
public hearing. Notice of election shall be promptly given to the
Department of Housing and Community Development. The metropolitan
planning organization or the regional transportation planning agency
shall complete its next regional transportation plan within three
years of the notice of election.
(N) Two or more of the metropolitan planning organizations for
Fresno County, Kern County, Kings County, Madera County, Merced
County, San Joaquin County, Stanislaus County, and Tulare County may
work together to develop and adopt multiregional goals and policies
that may address interregional land use, transportation, economic,
air quality, and climate relationships. The participating
metropolitan planning organizations may also develop a multiregional
sustainable communities strategy, to the extent consistent with
federal law, or an alternative planning strategy for adoption by the
metropolitan planning organizations. Each participating metropolitan
planning organization shall consider any adopted multiregional goals
and policies in the development of a sustainable communities strategy
and, if applicable, an alternative planning strategy for its region.
(3) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all transportation
projects proposed for development during the 20-year or greater life
of the plan. The action element shall consider congestion management
programming activities carried out within the region.
(4) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. A county transportation commission created
pursuant to Section 130000 of the Public Utilities Code shall be
responsible for recommending projects to be funded with regional
improvement funds, if the project is consistent with the regional
transportation plan. The first five years of the financial element
shall be based on the five-year estimate of funds developed pursuant
to Section 14524. The financial element may recommend the development
of specified new sources of revenue, consistent with the policy
element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(C) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined in Section 65080.01, for the
purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system and
farm-to-market and interconnectivity transportation needs. The
metropolitan planning organization or county transportation agency,
whichever entity is appropriate, shall also consider financial
assistance for counties to address countywide service
responsibilities in counties that contribute toward the greenhouse
gas emission reduction targets by implementing policies for growth to
occur within their cities.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation. A
transportation planning agency located in a federally designated air
quality attainment area or that does not contain an urbanized area
may at its option adopt and submit a regional transportation plan
every five years. When applicable, the plan shall be consistent with
federal planning and programming requirements and shall conform to
the regional transportation plan guidelines adopted by the California
Transportation Commission. Prior to adoption of the regional
transportation plan, a public hearing shall be held after the giving
of notice of the hearing by publication in the affected county or
counties pursuant to Section 6061.

65080.01. The following definitions apply to terms used in Section
65080:
(a) "Resource areas" include (1) all publicly owned parks and open
space; (2) open space or habitat areas protected by natural
community conservation plans, habitat conservation plans, and other
adopted natural resource protection plans; (3) habitat for species
identified as candidate, fully protected, sensitive, or species of
special status by local, state, or federal agencies or protected by
the federal Endangered Species Act of 1973, the California Endangered
Species Act, or the Native Plan Protection Act; (4) lands subject to
conservation or agricultural easements for conservation or
agricultural purposes by local governments, special districts, or
nonprofit 501(c)(3) organizations, areas of the state designated by
the State Mining and Geology Board as areas of statewide or regional
significance pursuant to Section 2790 of the Public Resources Code,
and lands under Williamson Act contracts; (5) areas designated for
open-space or agricultural uses in adopted open-space elements or
agricultural elements of the local general plan or by local
ordinance; (6) areas containing biological resources as described in
Appendix G of the CEQA Guidelines that may be significantly affected
by the sustainable communities strategy or the alternative planning
strategy; and (7) an area subject to flooding where a development
project would not, at the time of development in the judgment of the
agency, meet the requirements of the National Flood Insurance Program
or where the area is subject to more protective provisions of state
law or local ordinance.
(b) "Farmland" means farmland that is outside all existing city
spheres of influence or city limits as of January 1, 2008, and is one
of the following:
(1) Classified as prime or unique farmland or farmland of
statewide importance.
(2) Farmland classified by a local agency in its general plan that
meets or exceeds the standards for prime or unique farmland or
farmland of statewide importance.
(c) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, legal, social, and technological factors.
(d) "Consistent" shall have the same meaning as that term is used
in Section 134 of Title 23 of the United States Code.
(e) "Internally consistent" means that the contents of the
elements of the regional transportation plan must be consistent with
each other.

65080.1. Once preparation of a regional transportation plan has
been commenced by or on behalf of a designated transportation
planning agency, the Secretary of the Business, Transportation and
Housing Agency shall not designate a new transportation planning
agency pursuant to Section 29532 for all or any part of the
geographic area served by the originally designated agency unless he
or she first determines that redesignation will not result in the
loss to California of any substantial amounts of federal funds.

65080.1. Each transportation planning agency designated under
Section 29532 or 29532.1 whose jurisdiction includes a portion of the
California Coastal Trail, or property designated for the trail, that
is located within the coastal zone, as defined in Section 30103 of
the Public Resources Code, shall coordinate with the State Coastal
Conservancy, the California Coastal Commission, and the Department of
Transportation regarding development of the California Coastal
Trail, and each transportation planning agency shall include
provisions for the California Coastal Trail in its regional plan,
under Section 65080.

65080.2. A transportation planning agency which has within its area
of jurisdiction a transit development board established pursuant to
Division 11 (commencing with Section 120000) of the Public Utilities
Code shall include, in the regional transportation improvement
program prepared pursuant to Section 65080, those elements of the
transportation improvement program prepared by the transit
development board pursuant to Section 120353 of the Public Utilities
Code relating to funds made available to the transit development
board for transportation purposes.

65080.3. (a) Each transportation planning agency with a population
that exceeds 200,000 persons may prepare at least one "alternative
planning scenario" for presentation to local officials, agency board
members, and the public during the development of the triennial
regional transportation plan and the hearing required under
subdivision (c) of Section 65080.
(b) The alternative planning scenario shall accommodate the same
amount of population growth as projected in the plan but shall be
based on an alternative that attempts to reduce the growth in traffic
congestion, make more efficient use of existing transportation
infrastructure, and reduce the need for costly future public
infrastructure.
(c) The alternative planning scenario shall be developed in
collaboration with a broad range of public and private stakeholders,
including local elected officials, city and county employees,
relevant interest groups, and the general public. In developing the
scenario, the agency shall consider all of the following:
(1) Increasing housing and commercial development around transit
facilities and in close proximity to jobs and commercial activity
centers.
(2) Encouraging public transit usage, ridesharing, walking,
bicycling, and transportation demand management practices.
(3) Promoting a more efficient mix of current and future job
sites, commercial activity centers, and housing opportunities.
(4) Promoting use of urban vacant land and "brownfield"
redevelopment.
(5) An economic incentive program that may include measures such
as transit vouchers and variable pricing for transportation.
(d) The planning scenario shall be included in a report evaluating
all of the following:
(1) The amounts and locations of traffic congestion.
(2) Vehicle miles traveled and the resulting reduction in vehicle
emissions.
(3) Estimated percentage share of trips made by each means of
travel specified in subparagraph (C) of paragraph (1) of subdivision
(b) of Section 65080.
(4) The costs of transportation improvements required to
accommodate the population growth in accordance with the alternative
scenario.
(5) The economic, social, environmental, regulatory, and
institutional barriers to the scenario being achieved.
(e) If the adopted regional transportation plan already achieves
one or more of the objectives set forth in subdivision (c), those
objectives need not be discussed or evaluated in the alternative
planning scenario.
(f) The alternative planning scenario and accompanying report
shall not be adopted as part of the regional transportation plan, but
it shall be distributed to cities and counties within the region and
to other interested parties, and may be a basis for revisions to the
transportation projects that will be included in the regional
transportation plan.
(g) Nothing in this section grants transportation planning
agencies any direct or indirect authority over local land use
decisions.
(h) This section does not apply to a transportation plan adopted
on or before September 1, 2001, proposed by a transportation planning
agency with a population of less than 1,000,000 persons.

65080.5. (a) For each area for which a transportation planning
agency is designated under subdivision (c) of Section 29532, or
adopts a resolution pursuant to subdivision (c) of Section 65080, the
Department of Transportation, in cooperation with the transportation
planning agency, and subject to subdivision (e), shall prepare the
regional transportation plan, and the updating thereto, for that area
and submit it to the governing body or designated policy committee
of the transportation planning agency for adoption. Prior to
adoption, a public hearing shall be held, after the giving of notice
of the hearing by publication in the affected county or counties
pursuant to Section 6061. Prior to the adoption of the regional
transportation improvement program by the transportation planning
agency if it prepared the program, the transportation planning agency
shall consider the relationship between the program and the adopted
plan. The adopted plan and program, and the updating thereto, shall
be submitted to the California Transportation Commission and the
department pursuant to subdivision (b) of Section 65080.
(b) In the case of a transportation planning agency designated
under subdivision (c) of Section 29532, the transportation planning
agency may prepare the regional transportation plan for the area
under its jurisdiction pursuant to this chapter, if the
transportation planning agency, prior to July 1, 1978, adopts by
resolution a declaration of intention to do so.
(c) In those areas that have a county transportation commission
created pursuant to Section 130050 of the Public Utilities Code, the
multicounty designated transportation planning agency, as defined in
Section 130004 of that code, shall prepare the regional
transportation plan and the regional transportation improvement
program in consultation with the county transportation commissions.
(d) Any transportation planning agency which did not elect to
prepare the initial regional transportation plan for the area under
its jurisdiction, may prepare the updated plan if it adopts a
resolution of intention to do so at least one year prior to the date
when the updated plan is to be submitted to the California
Transportation Commission.
(e) If the department prepares or updates a regional
transportation improvement program or regional transportation plan,
or both, pursuant to this section, the state-local share of funding
the preparation or updating of the plan and program shall be
calculated on the same basis as though the preparation or updating
were to be performed by the transportation planning agency and funded
under Sections 99311, 99313, and 99314 of the Public Utilities Code.

65081.1. (a) After consultation with other regional and local
transportation agencies, each transportation planning agency whose
planning area includes a primary air carrier airport shall, in
conjunction with its preparation of an updated regional
transportation plan, include an airport ground access improvement
program.
(b) The program shall address the development and extension of
mass transit systems, including passenger rail service, major
arterial and highway widening and extension projects, and any other
ground access improvement projects the planning agency deems
appropriate.
(c) Highest consideration shall be given to mass transit for
airport access improvement projects in the program.
(d) If federal funds are not available to a transportation
planning agency for the costs of preparing or updating an airport
ground access improvement program, the agency may charge the
operators of primary air carrier airports within its planning area
for the direct costs of preparing and updating the program. An
airport operator against whom charges are imposed pursuant to this
subdivision shall pay the amount of those charges to the
transportation planning agency.

65081.3. (a) As a part of its adoption of the regional
transportation plan, the designated county transportation commission,
regional transportation planning agency, or the Metropolitan
Transportation Commission may designate special corridors, which may
include, but are not limited to, adopted state highway routes, which,
in consultation with the Department of Transportation, cities,
counties, and transit operators directly impacted by the corridor,
are determined to be of statewide or regional priority for long-term
right-of-way preservation.
(b) Prior to designating a corridor for priority acquisition, the
regional transportation planning agency shall do all of the
following:
(1) Establish geographic boundaries for the proposed corridor.
(2) Complete a traffic survey, including a preliminary
recommendation for transportation modal split, which generally
describes the traffic and air quality impacts of the proposed
corridor.
(3) Consider the widest feasible range of possible transportation
facilities that could be located in the corridor and the major
environmental impacts they may cause to assist in making the corridor
more environmentally sensitive and, in the long term, a more viable
site for needed transportation improvements.
(c) A designated corridor of statewide or regional priority shall
be specifically considered in the certified environmental impact
report completed for the adopted regional transportation plan
required by the California Environmental Quality Act, which shall
include a review of the environmental impacts of the possible
transportation facilities which may be located in the corridor. The
environmental impact report shall include a survey within the
corridor boundaries to determine if there exist any of the following:
(1) Rare or endangered plant or animal species.
(2) Historical or cultural sites of major significance.
(3) Wetlands, vernal pools, or other naturally occurring features.
(d) The regional transportation planning agency shall designate a
corridor for priority acquisition only if, after a public hearing, it
finds that the range of potential transportation facilities to be
located in the corridor can be constructed in a manner which will
avoid or mitigate significant environmental impacts or values
identified in subdivision (c), consistent with the California
Environmental Quality Act and the state and federal Endangered
Species Acts.
(e) Notwithstanding any other provision of this section, a
corridor of statewide or regional priority may be designated as part
of the regional transportation plan only if it has previously been
specifically defined in the plan required pursuant to Section 134 and
is consistent with the plan required pursuant to Section 135 of
Title 23 of the United States Code.

65082. (a) (1) A five-year regional transportation improvement
program shall be prepared, adopted, and submitted to the California
Transportation Commission on or before December 15 of each
odd-numbered year thereafter, updated every two years, pursuant to
Sections 65080 and 65080.5 and the guidelines adopted pursuant to
Section 14530.1, to include regional transportation improvement
projects and programs proposed to be funded, in whole or in part, in
the state transportation improvement program.
(2) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and be listed by relative priority, taking into account need,
delivery milestone dates, and the availability of funding.
(b) Except for those counties that do not prepare a congestion
management program pursuant to Section 65088.3, congestion management
programs adopted pursuant to Section 65089 shall be incorporated
into the regional transportation improvement program submitted to the
commission by December 15 of each odd-numbered year.
(c) Local projects not included in a congestion management program
shall not be included in the regional transportation improvement
program. Projects and programs adopted pursuant to subdivision (a)
shall be consistent with the capital improvement program adopted
pursuant to paragraph (5) of subdivision (b) of Section 65089, and
the guidelines adopted pursuant to Section 14530.1.
(d) Other projects may be included in the regional transportation
improvement program if listed separately.
(e) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional transportation improvement program
for that county, the department shall, in consultation with the
affected local agencies, prepare the program for all counties for
which it prepares a regional transportation plan.
(f) The requirements for incorporating a congestion management
program into a regional transportation improvement program specified
in this section do not apply in those counties that do not prepare a
congestion management program in accordance with Section 65088.3.
(g) The regional transportation improvement program may include a
reserve of county shares for providing funds in order to match
federal funds.

65084. In order to insure coordinated planning, development, and
operation of transportation systems of all types and modes, the board
of supervisors of each county may appoint a county director of
transportation, and specify the extent of the responsibilities of
such officer.

65085. The board of supervisors may designate any county officer
who is properly qualified to serve as the county director of
transportation.

65086. The Department of Transportation, in consultation with
transportation planning agencies, county transportation commissions,
counties, and cities, shall carry out long-term state highway system
planning to identify future highway improvements.

65086.4. Projects on the state highway system shall comply with
applicable state and federal standards to ensure systemwide
consistency with operational, safety, and maintenance needs. The
department may approve exceptions to this requirement that it
determines to be appropriate.

65086.5. (a) To the extent that the work does not jeopardize the
delivery of the projects in the adopted state transportation
improvement program, the Department of Transportation may prepare a
project studies report for capacity-increasing state highway projects
that are not included in the state transportation improvement
program. Preparation of the project studies report shall be limited
by the resources available to the department for that work,
supplemented, as appropriate, by regional or local resources. The
project studies report shall include the project-related factors of
limits, description, scope, costs, and the amount of time needed for
initiating construction.
(b) Whenever project studies reports are performed by an entity
other than the Department of Transportation, the department shall
review and approve the report.
(c) The Department of Transportation may be requested to prepare a
project studies report for a capacity-increasing state highway
project which is being proposed for inclusion in a future state
transportation improvement program. The department shall have 30 days
to determine whether it can complete the requested report in a
timely fashion. If the department determines that it cannot complete
the report in a timely fashion, the requesting entity may prepare the
report. Upon submission of a project studies report to the
department by the entity, the department shall complete its review
and provide its comments to that entity within 60 days from the date
of submission. The department shall complete its review and final
determination of a report which has been revised to address the
department's comments within 30 days following submission of the
revised report.
(d) The Department of Transportation, in consultation with
representatives of cities, counties, and regional transportation
planning agencies, shall prepare draft guidelines for the preparation
of project studies reports by all entities. The guidelines shall
address the development of reliable cost estimates. The department
shall submit the draft guidelines to the California Transportation
Commission not later than July 1, 1991. The commission shall adopt
the final guidelines not later than October 1, 1991. Guidelines
adopted by the commission shall apply only to project studies reports
commenced after October 1, 1991.