(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 2.5. Transportation Planning and Programming
(See note following Section 65080)
65080. (a) Except as provided in subdivisions (c) and
(d), each transportation planning agency designated
under subdivision (a)
or (b), (c), or (d) Section 29532 shall prepare a regional
transportation plan and a regional transportation improvement
program
directed at the achievement of a coordinated and balanced
regional transportation system, including, but not
limited to, mass
transportation, highway, railroad, maritime, and aviation
facilities and services. The plan shall be action-oriented
and
pragmatic, considering both the short- and long-term
future, and shall present clear, concise policy guidance
to local and state
officials. The program shall support and be consistent
with the plan. 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) Each transportation planning agency shall adopt
a regional transportation plan which includes consideration
of the
factors specified in Section 134 of Title 23 of the
United States Code, and, if it prepares a regional
transportation improvement
program, shall adopt a program. 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 program,
the governing
body or the designated policy committee of the transportation
planning agency shall consider the relationship between
the
program and the adopted plan. Each transportation planning
agency shall adopt and submit, not later than April
1, 1990, and
December 1 of each odd-numbered year thereafter, an
updated regional transportation improvement program
as specified in
Section 65082, and biennially, not later than June 1,
1993, and December 1 of each even-numbered year thereafter,
an updated
regional transportation plan to the California Transportation
Commission and the Department of Transportation.
(c) A transportation planning agency designated under
subdivision (b) of Section 29532 may have the regional
transportation plan for the area under its jurisdiction
prepared by the Department of Transportation by adopting
a resolution to
that effect prior to July 1, 1978. In that case, Section
65080.5 applies to the agency.
(d) The regional transportation improvement program
shall be prepared and adopted only by the transportation
planning
agencies and by county transportation commissions representing
urbanized areas of 50,000 or more in population. The
department shall prepare the programs, on a state transportation
district basis, for all other areas of the state.
(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.)
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. The regional transportation plan shall include:
(a) A policy element that considers important transportation
issues and describes the desired short- and long-range
transportation goals, and pragmatic objective and policy
statements. The objective and policy statements shall
consider
probable funding constraints.
(b) An action element that describes the programs and
actions necessary to implement the plan and assigns
implementation
responsibilities. The action element shall also include
a program for developing intracity and intercity bicycle
programs.
The action element shall include all congestion management
programs adopted pursuant to Chapter 2.6 (commencing
with
Section 65088).
(c) A financial element that summarizes the cost of
plan implementation, compares these costs to a realistic
projection of
available revenues, and includes estimates of expected
surplus and deficits. It shall contain recommendations
for the allocation
of funds and for the development of new sources of revenues
if needed.
(Repealed and added by Stats. 1977, Ch. 1106. Effective
February 1, 1978; Amended by Stats. 1987, Ch. 878.,
Amended by
Stats. 1988, Ch. 752; Repealed and added by Stats. 1989,
Ch. 106. Effective July 10, 1989; Amended by Stats.
1991, Ch.
164.)
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 pursuant to Section 65081, 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.)
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 seven-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, updated every two years, pursuant
to
Section 65080 and 65080.5 and the guidelines adopted
pursuant to Section 14530.1, to include projects and
programs proposed
to be funded, in whole or in part, by funds which are
any of the following:
(1) For flexible congestion relief projects, as defined
in Section 164.2 of the Streets and Highways Code.
(2) For urban rail transit and commuter rail projects.
Major projects shall include an escalated current cost
updated to at least November 1 of the year of submittal,
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) 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) The incorporation of the congestion management program
into the regional transportation improvement program
required to be submitted to the commission by December
1, 1991, may be delayed for a period not to exceed
one year if an
environmental impact report is required to be prepared
for the congestion management program pursuant to Division
13
(commencing with Section 21000) of the Public Resources
Code, and the following conditions are met:
(1) The agency, as defined by Section 65088.1, adopts
written findings that the congestion management program
cannot be
incorporated into the regional transportation improvement
program by December 1, 1991, due to the time required
to prepare
an environmental impact report pursuant to Division
13 (commencing with Section 21000) of the Public Resources
Code.
(2) The agency adopts a schedule for development of
the congestion management program that will result
in its adoption no
later than December 1, 1992, and submits a report to
the Legislature by July 1, 1992, on the progress of
complying with this
section.
(3) The agency, county, and cities take every action
necessary to assure the congestion management program
will be
adopted by December 1, 1992.
(d) If the incorporation of the congestion management
program into the regional transportation improvement
program is
delayed pursuant to subdivision (c), both of the following
shall apply:
(1) Any project included in the state transportation
improvement program or the traffic systems management
program prior
to December 1, 1992, which is otherwise required to
be included in the congestion management program, pursuant
to
subdivision (e), but which is not included in the congestion
management program to be incorporated into the regional
transportation improvement program pursuant to subdivision
(b), shall be deleted from the state transportation
improvement
program or the traffic systems management program.
(2) Local projects which are otherwise required to be
included in the congestion management program, pursuant
to
subdivision (e), may be included in the regional transportation
improvement program to be submitted to the California
Transportation Commission by December 1, 1991. Any local
project which is included in the regional transportation
improvement program after December 1, 1991, but prior
to December 1, 1992, which is otherwise required to
be included in
the congestion management program, but which is not
included in the congestion management program to be
incorporated into
the regional transportation improvement program pursuant
to subdivision (b), shall be deleted from the regional
transportation
improvement program.
(e) 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 seven-year
capital improvement program adopted pursuant to paragraph
(5) of subdivision (b) of Section 65089, and the guidelines
adopted pursuant to Section 14530.1.
(f) Other projects may be included in the regional transportation
improvement program if listed separately.
(g) 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.
(h) The regional transportation improvement program
may not change the project delivery milestone date
of any state
project as shown in the prior adopted state transportation
program without the consent of the department or other
agency
responsible for the project delivery.
(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.)
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 seven-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.)
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. (a) The Department of Transportation shall carry
out long-term state highway system planning to identify
future highway
improvements and new transportation corridors through
route concept reports.
(b) The department, in conjunction with transportation
planning agencies, shall develop specific project listings
for the
initiation of project studies reports resulting in project
candidates for inclusion in regional transportation
plans and the state
transportation improvement program as required by Section
14529.
(Added by Stats. 1987, Ch. 878.)
65086.4. (a) In addition to the regional transportation
improvement program, the entity adopting that program
may prepare and
adopt a future development list of capacity increasing
state highway projects in priority order for purposes
of the initiation of
project studies reports. If the list is prepared within
the area of the multicounty designated transportation
planning agency, as
defined in Section 130004 of the Public Utilities Code,
each county transportation commission shall adopt,
for the area within
its jurisdiction, a future development list of capacity
increasing state highway projects in priority order.
The future
development list adopted by the multicounty transportation
planning agency shall include the lists separately
adopted by each
county transportation commission. These lists shall
be limited to the regional summation of funds available
for capacity-
improvement projects in the adopted state transportation
improvement program when distributed according to the
county
minimum formula defined in Section 188.8 of the Streets
and Highways Code.
(b) The list shall be submitted to the Department of
Transportation and shall be used solely for the purpose
of preparing the
project studies report. The list shall not be subject
to review and approval by the California Transportation
Commission and
shall not be included in the state transportation improvement
program.
(Added by Stats. 1990, Ch. 715.)
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.)