California Senate Bill 375

California Senate Bill 375
Name	California Senate Bill 375
Enacted by	California State Legislature
Enacted	2008
Introduced by	Darrell Steinberg
Status	enacted

California Senate Bill 375 California Senate Bill 375 was a 2008 state law authored by Darrell Steinberg that linked regional land use planning with greenhouse gas reduction targets set by the California Air Resources Board. The bill directed coordination among metropolitan planning organizations, regional transportation planning agencies, and state agencies to align transportation investments with housing development and climate change mitigation goals. It became a focal point in debates involving statewide initiatives such as Assembly Bill 32, urban growth debates tied to California Coastal Commission jurisdictions, and litigation involving groups like the California Building Industry Association.

Background and Legislative History

SB 375 emerged from a legislative process involving proponents including Darrell Steinberg, advocates from Natural Resources Defense Council, and officials at the California Environmental Protection Agency seeking to implement the AB 32 emissions goals. During floor debates in the California State Senate and California State Assembly, supporters cited modeling work from the Metropolitan Transportation Commission, Southern California Association of Governments, and academicians at University of California, Berkeley and University of Southern California. Opposition came from industry stakeholders such as the California Building Industry Association and regional chambers like the Los Angeles Area Chamber of Commerce, who raised concerns that echoed prior disputes in cases before the California Supreme Court and federal courts involving Takings Clause claims. After negotiations involving the Governor of California and staff from the California Air Resources Board, SB 375 was signed into law in 2008 and integrated into California planning law.

Provisions and Requirements

The statute required the California Air Resources Board to set per-capita greenhouse gas reduction targets for passenger vehicles for each major metropolitan planning region. It mandated that regional entities, including Metropolitan Transportation Commission and Southern California Association of Governments, prepare a Regional Sustainable Communities Strategy that demonstrates how projected housing and transportation investments would meet the board’s targets. The law linked regional Regional Transportation Plans and Sustainable Communities Strategys with local housing element processes overseen by the California Department of Housing and Community Development and required coordination with California Environmental Quality Act review while preserving existing land-use authority of cities and counties as exemplified by actions at the San Diego Association of Governments and Association of Bay Area Governments.

Regional Sustainable Communities Strategy (SCS)

An SCS is a regional planning product prepared by entities such as the Metropolitan Transportation Commission, Southern California Association of Governments, San Joaquin Council of Governments, and other councils of governments that integrates projected housing allocations from the Regional Housing Needs Allocation process with planned transit investments from operators like Bay Area Rapid Transit and Los Angeles County Metropolitan Transportation Authority. SCSs use travel-demand models and land-use scenarios informed by researchers at California State Polytechnic University, Pomona and University of California, Los Angeles to demonstrate conformity with California Air Resources Board targets. Where an SCS cannot meet targets, regions may prepare an Alternative Planning Strategy, a planning instrument discussed in submissions to the California Strategic Growth Council.

Implementation and Compliance

Implementation involves coordination among Metropolitan Planning Organizations, regional transit agencies, local planning departments in cities like San Francisco and Sacramento, and state agencies including the California Air Resources Board and California Department of Housing and Community Development. Compliance is assessed through target-setting, scenario modeling, and periodic updates tied to regional Regional Transportation Plan cycles and housing element timelines enforced by state reviewers and occasionally litigated in courts such as the California Court of Appeal. Funding and incentives from sources like the California Strategic Growth Council and federal programs administered by the United States Department of Transportation influence implementation choices, as do capital projects undertaken by agencies like Caltrans and transit authorities including Metrolink.

Impacts and Outcomes

Advocates cite outcomes including increased investments in transit-oriented development projects near Bay Area Rapid Transit and Los Angeles Metro stations, alignment of regional transportation planning with housing allocations in regions such as the Bay Area and Southern California, and incorporation of emissions modeling by entities like the California Air Resources Board and academic partners at Stanford University. Studies by research centers at University of California, Davis and policy analyses from Public Policy Institute of California have documented mixed results on vehicle miles traveled reductions and greenhouse gas declines. SB 375 influenced local initiatives, affordable housing projects funded through programs like Low-Income Housing Tax Credit applications, and planning practices used by associations including the Urban Land Institute.

Criticisms and Legal Challenges

Critics including the California Building Industry Association and some county governments argued SB 375 infringed on municipal land-use sovereignty, prompting lawsuits and commentary involving attorneys experienced with the California Environmental Quality Act and constitutional claims assessed by the California Supreme Court. Legal challenges have raised issues about the sufficiency of environmental review, the adequacy of housing allocations tied to the Regional Housing Needs Allocation process, and the enforceability of regional strategies in courtrooms where precedents from cases involving the Takings Clause and preemption doctrine have been cited. Policy analysts at think tanks such as Reason Foundation and advocates at organizations like Natural Resources Defense Council continue to debate SB 375’s effectiveness as California advances complementary laws including Senate Bill 743 and subsequent climate policies.

Category:California legislation