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California Government Code Sections 65080 - 65086.5
(See note following Section 65080)
Additions and deletions have been noted in the text. Additions (with the exception of section numbers) are noted by bold-faced type, while asterisks (***) denote the deletion of punctuation, words, phrases, sentences, or paragraphs.
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 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.
(2) An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all projects proposed for development during the 20-year life of the plan.
The action element shall consider congestion management programming activities carried out within the region.
(3) 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 four years of the financial element shall be based on the four-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.
(c) Each transportation planning agency shall adopt and submit, biennially, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. The plan shall be consistent with federal planning and programming requirements. A transportation planning agency that does not contain an urbanized area may at its option adopt and submit a regional transportation plan once every four years beginning with December 1, 1997. 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.
(Amended by Stats. 1977, Ch. 1106, Operative February 1, 1978; Amended by Stats. 1982, Ch. 681; Amended by Stats. 1987, Ch. 878; Amended by Stats. 1989, Ch. 106. Effective July 10, 1989; Amended by Stats. 1992, Ch. 1177. Effective September 30, 1992; Repealed and added by Stats. 1997, Ch. 622.)
Note: Stats. 1989, Ch. 106, also reads:
SEC. 1. This act shall be known and may be cited as the Katz-Kopp-Baker-Campbell Transportation Blueprint for the Twenty-First Century.
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.
(Added by Stats. 1974, Ch. 788; Amended by Stats. 1982, Ch. 681.)
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.
(Formerly 65080.1, Added by Stats. 1977, Ch. 1106, operative February 1, 1978; Amended and renumbered 65080.2 by Stats. 1978, Ch. 669.)
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.
(Amended by Stats. 1977, Ch. 1106, Operative February 1, 1978; Amended by Stats. 1982, Ch. 681.)
65081. (Repealed by Stats. 1997, Ch. 622.)
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.
(Added by Stats. 1990, Ch. 878; Amended by Stats. 1997, Ch. 622.))
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 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.
(Added by Stats. 1992, Ch. 745.)
65082. (a) A ***four-year regional transportation improvement program shall be prepared, adopted, and submitted to the California Transportation Commission on or before January 5, 1998, and 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. ***
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, as defined in Section 14525.5, 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 choice *** 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.
(Repealed and Added by Stats. 1977, Ch. 1106, Effective February 1, 1978; Amended by Stats. 1981, Ch. 541. Effective September 17, 1981; Repealed and added by Stats. 1989, Ch. 106. Effective July 10, 1989; Amended by Stats. 1991, Ch. 164. Amended by Stats. 1992, Ch. 1243. Effective August 27, 1992; Amended by Stats. 1996, Ch. 293; Amended by Stats. 1997, Ch. 622.)
65083. As part of implementation of the demonstration program established pursuant to Section 14045 of the Government Code, the regional transportation planning agency preparing the *** four-year regional transportation improvement program pursuant to Section 65082 shall consider those exclusive mass transit guideway projects where the applicant and the local entity responsible for land use decisions have entered into a binding agreement to promote high density residential development within one-half mile of a mass transit guideway station. Any project selected by the agency which is located in a demonstration site shall be considered for inclusion in the regional transportation improvement program. This section shall not preclude the agency from applying the criteria for making awards which may be required or permitted pursuant to other provisions of law.
(Added by Stats. 1990, Ch. 1304; Amended by Stats. 1997, Ch. 622.)
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.
(Added by Stats. 1972, Ch. 1253. Effective July 1, 1973.)
65085. The board of supervisors may designate any county officer who is properly qualified to serve as the county director of transportation.
(Added by Stats. 1972, Ch. 1253. Effective July 1, 1973.)
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. ***
(Added by Stats. 1987, Ch. 878; Amended by Stats. 1997, Ch. 622.)
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. ***
(Added by Stats. 1990, Ch. 71; Repealed and added by Stats. 1997, Ch. 622. )
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 shall prepare a project studies report for each capacity increasing state highway project which is listed on the regional list submitted to the department pursuant to subdivision (b) of Section 65086.4. The project studies report shall include the project-related factors of limits, description, scope, costs, and the amount of time needed for initiating construction. If a regional list is not consistent with the financial limitation of subdivision (a) of Section 65086.4, projects for that region may be limited in priority order to the funding limit for that region.
(b) The Department of Transportation shall seek assistance from regional and local transportation agencies or other entities for the preparation of project studies reports for projects contained in the list prepared, adopted, and submitted pursuant to Section 65086.4 when the report cannot be completed so as to allow a project to be eligible for inclusion in the upcoming state transportation improvement program. 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.
(Added by Stats. 1987, Ch. 878; Amended by Stats. 1990, Ch. 715.)