SB 1087

(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 tripstrips, (workwork and nonwork)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 using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required.

(2) (A) (i) (I) If prepared by a metropolitan planning organization, an eight-year sustainable communities strategy beginning with either its first or second regional transportation plan adopted on or after January 1, 2028.

(II) On or before July 1, 2027, each metropolitan planning organization shall notify the state board whether it selected its first or second regional transportation plan and when that plan is scheduled to be adopted.

(III) A metropolitan planning organization may begin with its first eligible regional transportation plan only if the state board adopts the applicable greenhouse gas emission reduction target and the guidelines required by subparagraph (P) at least 12 months before the plan’s scheduled adoption. If the state board has not adopted the applicable greenhouse gas emission reduction target and the guidelines required by subparagraph (P) at least 12 months before the scheduled adoption of the first eligible regional transportation plan, the metropolitan planning agency shall begin with its second eligible regional transportation plan.

(IV) Until a metropolitan planning organization begins preparing an eight-year sustainable communities strategy, the existing regional targets shall remain in effect and the metropolitan planning organization shall continue preparing a sustainable communities strategy every four years.

(2)(B) (i) A sustainable communities strategy shall be prepared by each metropolitan planning organization as follows:

(A)(I) NoOn lateror thanbefore SeptemberDecember 30,31, 2010,2028, the Statestate Air Resources Boardboard shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 20202035 and 2035, respectively.2045.

(II) On or before December 1, 2028, the state board shall convene at least two technical workshops and present the findings at the joint meeting held pursuant to Section 14516. The state board shall invite metropolitan planning organizations, affected air districts, the Department of Transportation, the California Transportation Commission, the Department of Housing and Community Development, local governments, and other practitioners and technical experts to participate in the technical workshops and the joint meeting. A workshop conducted pursuant to subparagraph (P) may satisfy the requirements of this subclause if it includes a distinct opportunity for technical feedback on the proposed target-setting factors and methodologies. The state board shall solicit feedback on both of the following:

(i)(ia) No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be consideredFactors 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 Air Resources 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 Air Resources Board shall consider the report before setting the targets.

(ib) How state fair housing, affordability, resilience, transportation, economic vibrancy, and land conservation laws and goals should be balanced in setting greenhouse gas emission reduction targets for the affected regions.

(ii)(III) (ia) Before setting the targets for a region, the Statestate Air Resources Boardboard 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 Air Resources Board shall release draft targets for each region no later than June 30, 2010.

(ib) Following completion of the technical workshops, and before adopting the targets, the state board shall present at a joint meeting held pursuant to Section 14516 the proposed factors and methodologies and a summary of the technical feedback received, and shall solicit additional public feedback.

(iii)(IV) InConsistent with subclause (III), in establishing these targets, the Statestate Air Resources Boardboard 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 the emissions of greenhouse gases in the affected regions, consistent with the state board’s most current model used to assess emissions from on-road vehicles, and prospective measures the Statestate Air Resources Boardboard plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code.

(V) The targets established by the state board shall do all of the following to the extent feasible and based on reasonably available information:

(ia) Consider the combined effects of existing and reasonably foreseeable policies, regulations, and investments by cities, counties, special districts, county transportation agencies, air districts, metropolitan planning organizations, the state, and the federal government that are expected to reduce greenhouse gas emissions from vehicles, including through improved fleet efficiency, changes in transportation technologies, and more efficient land use and transportation patterns.

(ib) Consider factors materially affecting the region’s ability to achieve the targets, including, but not limited to, fiscal constraints, the built environment, access to modes of travel outside of single-occupant passenger vehicles, housing and development conditions, geographic characteristics, existing resources, exogenous factors, and reasonably foreseeable state and federal actions.

(ic) Identify the material considerations under sub-subclauses (ia) and (ib) that informed the state board’s determination before establishing the targets.

(iv)(VI) The Statestate Air Resources Boardboard 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 Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources 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, beforeBefore updating these targets.targets, the state board shall do all of the following:

(ia) Exchange technical information with the California Transportation Commission, the Department of Housing and Community Development, the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders.

(ib) Release draft targets for public comment.

(ic) Publish its methodology and assumptions, including, but not limited to, fleet and emissions budget assumptions, in a downloadable and accessible format on its internet website and make this information available to the public and affected metropolitan planning organizations no fewer than 60 days before the release of draft targets.

(id) Host public workshops to engage in a consultative process with public and private stakeholders. The state board shall hold at least three public workshops.

(ie) Hold a public hearing to solicit input on the region’s draft targets.

(VII) The state board shall adopt the final targets and any subsequent changes to the targets at a public hearing.

(v)(VIII) 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 Statestate Airboard Resourcesthat Board.considers exogenous factors such as population, economic growth, or cross-border traffic.

(B)(ii) 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 use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following:

(i)(I) Identify the general location of uses, residential densities, and building intensities within the region.

(ii)(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 the housing needs of both the existing and projected population and, to the extent applicable and consistent with the requirement to use reasonable planning assumptions, the demographic and household-growth assumptions used by the Department of Housing and Community Development in the most recent housing need determination for the region, net migration into the region, population growth, changes in enrollment levels at institutions of public higher education, as described in subdivision (a) of Section 66010 of the Education Code, household formation, and employment growth.

(iii)(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)(IV) Identify a transportation network to service the transportation needs of the region.

(v)(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.region.

(vi)(VI) Consider the state housing goals specified in Sections 65580 and 65581.

(vii)(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 thegreenhouse gas emissions of greenhouse gases from automobilesthe automobile and light truckstruck sector to achieve,achieve and maintain through the regional transportation plan’s horizon year, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the Statestate Airboard, Resourcesas Board.demonstrated using the modeling years and analyses otherwise required for the plan.

(viii)(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 clausessubclauses (i),(I) (ii),to (iii),(VI), (v),inclusive, andof (vi)clause (ii) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clausessubclauses (iv)(IV) and (viii)(VIII) of clause (ii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for subclause (VII) of clause (vii)(ii) 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 communities strategy, provided that it complies with clausessubclauses (vii)(VII) and (viii)(VIII) of clause (ii) of subparagraph (B).

(D) In the region served by the Southern California Association of Governments, 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 a public participation plan 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 onduring the development of 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 with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. For purposes of this subparagraph, “meeting” may include a virtual meeting, the general assembly of a council of governments, and other means of eliciting feedback from local elected officials that promote meaningful engagement.

(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, homebuilder 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. For purposes of this clause, “workshops” may include virtual meetings and participatory activities, discussion groups, and other means of eliciting feedback that promote meaningful engagement or increase participation from underserved communities.

(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 and may include an online participation option 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) Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases 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 Statestate Air Resources Board.board.

(I) (i) If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the Statestate Air Resources Board,board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction 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.strategy. In preparing the alternative planning strategy, the metropolitan planning organization:organization shall do all of the following:

(i)(I) Shall identifyIdentify the principal impediments to achieving the targets within the sustainable communities strategy.

(ii)(II) MayInclude includean analysis of an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive.inclusive, and, if necessary, additional infrastructure, transportation measures, or policies that could achieve the greenhouse gas emission reduction targets.

(iii)(III) Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, andDescribe why the development pattern, measures, and policies in the analysis of alternative planningdevelopment strategypattern described in subclause (II) are the most practicable choices for achievement of the greenhouse gas emission reduction targets.

(iv)(ii) 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 Statestate Air Resources Board.board.

(v)(iii) 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) No later than 12 months before adoption, the metropolitan planning organization shall submit a description to the state board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The technical methodology shall align with the most recently adopted guidelines adopted pursuant to subparagraph (P), including consistency with the model version used in target setting to assess emissions from on-road vehicles specified in those guidelines. The state board may object to the technical methodology. The state board’s review of the methodology shall be completed within 60 days after submission and shall be limited to determining whether the methodology aligns with those guidelines. The metropolitan planning organization is encouraged to work with the state board until the state board concludes that the technical methodology operates accurately.

(ii) (I) 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 reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Within 60 days after receiving the strategy, the state board shall review the sustainable communities strategy or alternative planning strategy for completeness and determine whether the metropolitan planning organization’s determination used required data sources, disclosed assumptions, and applied methodology in a manner consistent with the guidelines adopted pursuant to subparagraph (P).

(II) If the state board does not identify any deficiencies, it shall, within that 60-day period, make one of the following determinations:

(ia) The strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board.

(ib) The strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board, but minor, nonsubstantive corrections must be made to the strategy.

(ic) The strategy would not, if implemented, achieve the greenhouse gas emission reduction targets established by the state board. If the state board makes this determination, it shall disclose, in writing, the specific, material deficiencies demonstrating why the strategy would not achieve those targets.

(id) The state board cannot determine whether the strategy would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board because the metropolitan planning organization failed to address the state board’s findings of deficiencies provided within the 60-day period specified in this clause. If the state board makes this determination, it shall disclose, in writing, the specific, material deficiencies that the metropolitan planning organization failed to address.

(III) If the state board determines that the strategy is incomplete or does not satisfy those requirements, it shall, within that 60-day period, provide the metropolitan planning organization with written findings identifying the deficiencies. The metropolitan planning organization shall respond to those findings within 60 days of receiving the written findings from the state board.

(IV) Within 60 days after receiving the metropolitan planning organization’s response, the state board shall make one of the determinations specified in subclause (II).

(V) The 60-day review period shall begin when the state board receives the metropolitan planning organization’s response to the written findings of deficiencies.

(iii) If the state board does not make a determination within the applicable 60-day period set forth in clause (ii), as tolled, the strategy shall be deemed approved for implementation and funding alignment purposes.

(iv) Clauses (ii) and (iii) do not apply if either of the following apply:

(J)(I) (i) Before starting the public participation process adopted pursuant to subparagraph (F), theA metropolitan planning organization shalldid submitnot provide a description to the State Air Resources Board of the technical methodology it intendspursuant to useclause to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources 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 the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately.(i).

(ii)(II) AfterThe adoption,state aboard metropolitanobjected planningin organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted,writing to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organization’sorganization determination thatand the strategymetropolitan submittedplanning would,organization ifdid implemented,not achieveprovide thea greenhouserevised gastechnical emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days.methodology.

(v) If either of the criteria in clause (iv) apply, the state board shall make one of the determinations specified in subclause (II) of clause (ii) within 90 days after the metropolitan planning organization submits a complete strategy.

(iii)(vi) If the Statestate Air Resources Boardboard determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, or makes the determination in subclause (II) of clause (ii), 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 shall obtain Statestate Air Resources Boardboard acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the Statestate Air Resources Board.board.

(iv)(vii) On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the Statestate Air Resources Boardboard shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the Statestate Air Resources Board.board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizationsorganizations, the California Transportation Commission, the Department of Housing and Community Development, and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation andTransportation, the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality.

(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. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the Statestate Air Resources Board’sboard’s authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not 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. This section does not require 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. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law.

(L) This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not 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 before 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 before 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 before 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 Fresnothe County,Counties Kernof County,Fresno, KingsKern, County,Kings, MaderaMadera, County, Merced County,Merced, San JoaquinJoaquin, County, Stanislaus County,Stanislaus, 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.

(O) (i) Four years after adoption of a sustainable communities strategy, a metropolitan planning organization shall prepare a sustainable communities strategy implementation progress report, post the report on its internet website, and submit the report to the state board. The metropolitan planning organization shall concurrently provide a copy of the report to the Strategic Growth Council. The state board shall review and present the report in coordination with the metropolitan planning organization at a joint meeting held pursuant to Section 14516.

(ii) The report may be prepared in conjunction with, and may rely on the information developed for, the regional transportation plan update prepared during the same period of time.

(iii) The report shall be prepared using information and data available to the metropolitan planning organization, including, but not limited to, data provided by federal, state, regional, or local agencies such as the state board and the Department of Housing and Community Development. Where current data are not reasonably available, the metropolitan planning organization may rely on the most recent available data. The report shall identify the source of all information used. A metropolitan planning organization shall not be required to conduct new travel demand modeling, land use or scenario modeling, geospatial analysis, or primary data collection to prepare the report.

(iv) The report shall include all of the following and shall not be required to include information beyond these specified terms:

(I) A summary of progress made during the reporting period toward the greenhouse gas emission reduction targets, including indicators showing the direction of regional trends related to achievement of the target. Indicators shall only include those consistent with the required contents of a sustainable communities strategy described in subparagraph (B). The summary of progress may reference information included in the state board’s most recent report prepared pursuant to clause (vii) of subparagraph (J).

(II) A description of progress made during the reporting period on implementing each of the major greenhouse gas emission-reducing policies, programs, or projects identified in the sustainable communities strategy that support achievement of the greenhouse gas emission reduction target, including, based on reasonably available data, the extent to which observed development patterns are consistent with the development patterns forecasted in the sustainable communities strategy. For purposes of this subclause, “major greenhouse gas emission-reducing policies, programs, or projects” shall only include those consistent with the required contents of a sustainable communities strategy described in subparagraph (B).

(III) Identification of the capacity-increasing projects on the state highway system delivered earlier than assumed in the sustainable communities strategy. In developing this list of projects, the metropolitan planning organization may use the federally required metropolitan transportation improvement program and annual listing of federal obligations for fund obligations by project phase and status of construction completion. The report shall indicate whether a project is located in a disadvantaged community, equity priority community, or other comparable designation in the sustainable communities strategy. If the sustainable communities strategy does not include such a designation, the metropolitan planning organization shall use the definition of “disadvantaged communities” in the guidelines implementing Section 2382 of the Streets and Highways Code.

(IV) A list of transportation projects added to, removed from, or amended in the regional transportation plan since the last adopted sustainable communities strategy. The report shall indicate whether a transportation project is located in a disadvantaged community, equity priority community, or other comparable designation in the sustainable communities strategy. If the sustainable communities strategy does not include such a designation, the metropolitan planning organization shall use the definition of “disadvantaged communities” in the guidelines implementing Section 2382 of the Streets and Highways Code.

(V) An assessment of legal, policy, or funding barriers to additional progress on each of the major greenhouse gas emission reducing strategies, policies, programs, or projects identified in the sustainable communities strategy. To the extent reasonably identifiable, the assessment shall describe the principal actions or circumstances contributing to any shortfall in progress involving the metropolitan planning organization, local governments, the state, transit operators, project sponsors, the availability or timing of state or federal funding, federal actions or requirements, economic or housing market conditions, or other factors outside the metropolitan planning organization’s authority or control.

(v) A metropolitan planning organization with a population of fewer than 1,500,000 people shall comply with the requirements of this subparagraph to the extent feasible using reasonably available information. If the metropolitan planning organization is unable to fully address a required indicator or element because of a material staffing, fiscal, technical, or data limitation, its governing board may adopt a certification that identifies the specific requirement affected, describes the limitation, and explains the reasonable efforts undertaken to address it. The certification shall apply only to the identified requirement and shall not relieve the metropolitan planning organization from reporting on any other required indicator or element. An omission or limited treatment covered by the certification shall not constitute noncompliance if the metropolitan planning organization provides the best information reasonably available and explains any additional resources or information needed to fully satisfy the requirement.

(vi) This subparagraph does not require a metropolitan planning organization to acquire new staff, consultants, data, or analytical tools.

(P) (i) The state board shall adopt or update guidelines for the preparation of sustainable communities strategies before, or concurrently with, updating targets pursuant to subparagraph (A). The guidelines shall address greenhouse gas emissions quantification and technical assumptions reasonably necessary to evaluate whether a sustainable communities strategy, if implemented, would achieve the applicable targets. The guidelines shall clearly identify the information, assumptions, methodologies, and evaluation standards the state board will apply when reviewing a sustainable communities strategy, including all of the following:

(I) An overview of the sustainable communities strategies submission and evaluation process.

(II) A checklist of information the state board needs to make its determination whether the sustainable communities strategy, if implemented, would achieve the target.

(III) One or more examples of acceptable data sources, assumptions, and technical methodologies that metropolitan planning organizations and regional transportation planning agencies may employ to estimate the emissions of greenhouse gases in a manner that is consistent with the target methodology provided pursuant to subparagraph (A). The identification of any of those examples shall not be construed to require the use of any particular data source, assumption, or methodology. A metropolitan planning organization or regional transportation planning agency may use alternative, technically supported data sources, assumptions, or methodologies to demonstrate consistency with the target methodology, as described in subparagraph (J).

(ii) The guidelines adopted pursuant to this subparagraph are intended to provide technical assistance and promote transparency and consistency in the evaluation process. The guidelines shall not limit the authority of a metropolitan planning organization or regional transportation planning agency to demonstrate that its sustainable communities strategy, if implemented, would achieve the applicable greenhouse gas emission reduction target using technically supported data, assumptions, methodologies, models, or other analytical approaches not identified in the guidelines.

(iii) Before adopting the guidelines, the state board shall do all of the following:

(I) Consult with representatives of the metropolitan planning organizations, the California Transportation Commission, the Strategic Growth Council, and organizations representing builders, environmental organizations, affordable housing advocates, equity organizations, labor, local transportation agencies, and local governments.

(II) Make the proposed guidelines publicly available.

(III) Provide at least 30 days for public comment.

(IV) Consider all comments received.

(iv) Before adopting, updating, or revising the guidelines, the state board shall hold two workshops on the guidelines, one in northern California and one in southern California. The state board shall adopt the final guidelines in a public hearing.

(v) Guidelines adopted pursuant to this subparagraph are not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K).

(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 the County Transportation Commissions Act (Division 12 (commencing with 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,farmland 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) (1) 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. Before 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.

(2) (A) Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan.

(B) The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021.

(C) After the update described in subparagraph (B), the time period for San Diego Association of Governments’ updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years.

(D) Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).

(E) The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(F) In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs:

(2) A metropolitan planning organization subject to the eight-year sustainable communities strategy cycle established pursuant to paragraph (2) of subdivision (b) shall comprehensively update its sustainable communities strategy every eight years. During an intervening four-year update of its regional transportation plan, the metropolitan planning organization shall incorporate or reaffirm its most recently adopted sustainable communities strategy.

(i)(3) A metropolitan planning organization shall analyze the greenhouse gas emission reductions associated with the four-year update of its regional transportation plan. If, based on that analysis, the metropolitan planning organization determines that the sustainable communities strategy is projected to materially fall short of an applicable target, that determination shall constitute a substantial material change. The Transitmetropolitan planning organization shall amend the sustainable communities strategy to address the identified shortfall and Intercitysubmit Railthe Capitalamended Programstrategy (Partto 2the (commencingstate withboard Sectionfor 75220)review pursuant to subparagraph (J) of Divisionparagraph 44(2) of subdivision (b). The metropolitan planning organization shall publicly document the Publicanalysis, Resourcesits Code).determination, and the basis for concluding whether any projected shortfall is material.

(ii) The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code).

(iii) The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).

(G) Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).

(3) (A) Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan.

(B) The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b).

(C) The update described in subparagraph (B) shall include all of the following:

(i) Development and pilot implementation of an equity-centered, community cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments’ implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program.

(ii) A description of how the update furthers equity and inclusion through engagement efforts.

(iii) Data and analysis of the update’s performance outcomes in disadvantaged communities.

(D) (i) Until December 31, 2025, in addition to the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program established in Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code, a project located in the region within the jurisdiction of the Sacramento Area Council of Governments may be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more of the following programs:

(I) The Transit and Intercity Rail Capital Program established in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code.

(II) The Low Carbon Transit Operations Program established in Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code.

(III) The Active Transportation Program established in Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code.

(ii) This subparagraph does not apply to a project for which federal discretionary funding has been committed.

(E) After the update described in subparagraph (B), the Sacramento Area Council of Governments shall adopt and submit its next update to its regional transportation plan within two years, on or before November 15, 2027, and adopt and submit subsequent updates to its regional transportation plan every four years.

(F) Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B).

(G) The update to the Sacramento Area Council of Governments’ regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section.

(H) (i) On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders.

(ii) The information reported on its internet website pursuant to clause (i) shall include all of the following:

(I) A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies.

(II) A discussion of the comparison’s results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders.

(III) The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy.

(iii) This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements.