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Senate Bill 743

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Senate Bill 743
TitleSenate Bill 743
Enacted byCalifornia State Legislature
Introduced2013
Enacted2013
Statusactive

Senate Bill 743

Senate Bill 743 was a 2013 California law that changed how California Environmental Quality Act analyses evaluate transportation impacts, replacing level of service metrics with vehicle miles traveled metrics and prompting regulatory changes by the California Natural Resources Agency, the Governor of California, and the California Office of Planning and Research. The bill produced debates involving California Department of Transportation, Metropolitan Transportation Commission, Southern California Association of Governments, California Air Resources Board, and municipal planning agencies in Los Angeles County, San Francisco, San Diego, and Sacramento County. Proponents included urban planners influenced by research from University of California, Berkeley, University of California, Los Angeles, and consultants connected to Urban Land Institute, while critics included suburban jurisdictions and organizations such as League of California Cities and California Building Industry Association.

Background and legislative history

Senate Bill 743 originated in the California State Senate amid policy debates among members associated with the offices of Senator Darrell Steinberg and allied staff who engaged with stakeholders including California Environmental Protection Agency, Natural Resources Defense Council, Los Angeles County Metropolitan Transportation Authority, and regional planning agencies. The bill passed the California State Assembly and the California State Senate in 2013, was signed by Governor Jerry Brown, and triggered regulatory rulemaking by the California Natural Resources Agency and the Governor's Office of Planning and Research. The legislative history reflects earlier transportation and land-use efforts influenced by studies from National Cooperative Highway Research Program, Federal Highway Administration, and advocacy by Smart Growth America and Rails-to-Trails Conservancy.

Key provisions and objectives

The statute required the Governor's Office of Planning and Research to develop guidelines that shift environmental review from level of service-based metrics to measures focusing on vehicle miles traveled to better align with goals set by California Air Resources Board, California Energy Commission, and statewide climate targets codified in Global Warming Solutions Act of 2006. Objectives included supporting infill development promoted by organizations such as California Association of Realtors, enabling transit-oriented projects linked to agencies like Bay Area Rapid Transit and Metrolink (California), and reducing greenhouse gas emissions consistent with Assembly Bill 32. The legislation aimed to harmonize planning practice across local governments like the City of Los Angeles, counties such as Orange County, and regional entities including Sacramento Transportation Authority.

Implementation and regulatory changes

Following enactment, the California Natural Resources Agency promulgated implementing guidelines, and the Governor's Office of Planning and Research issued technical guidance adapting environmental review templates used by County of San Diego and cities including San Jose, California and Long Beach, California. The California Department of Transportation updated project assessment approaches used on corridors such as Interstate 5 and U.S. Route 101, and metropolitan planning organizations including Southern California Association of Governments and Association of Bay Area Governments revised regional transportation plans. Implementation necessitated data integration with California Department of Finance, California Highway Patrol datasets, and travel-demand models from vendors like EMBARCADERO firms and academic centers at University of Southern California and Stanford University.

Impact and effects

The shift to vehicle miles traveled metrics affected approvals for infill projects near Los Angeles Union Station, San Francisco Transbay Transit Center, and San Diego Convention Center expansions, influencing developments by major builders represented by California Building Industry Association and investors such as The Related Companies. Studies by University of California, Berkeley researchers, analysts at RAND Corporation, and consultants from IHS Markit examined effects on traffic, land use, housing production, and greenhouse gas emissions. Some jurisdictions adopted screening thresholds to expedite review for projects near Caltrain stations, Metropolitan Transit System (San Diego), and Sacramento Regional Transit District, while other counties like Placer County and El Dorado County adjusted zoning and fee schedules.

Litigation emerged with suits filed by local governments and trade groups such as Building Industry Legal Defense Foundation and associations of counties, challenging guideline interpretations and threshold determinations in state courts including California Court of Appeal and at times petitions to the California Supreme Court. Plaintiffs often argued that replacement of level of service standards impaired municipal traffic management mandates and conflicted with local ordinances adopted by entities like Los Angeles County Board of Supervisors and various city councils. Defendants included the State of California, Governor's Office of Planning and Research, and metropolitan agencies; cases addressed standing, administrative record adequacy, and consistency with statutory objectives like those in Public Resources Code provisions.

Reception and criticism

Reception was polarized: urbanist organizations such as TransitCenter, California Environmental Voters, and Greenbelt Alliance praised the law for aligning CEQA with climate goals and facilitating transit-oriented development near stations like Hollywood/Highland. Conversely, associations representing suburban and rural interests—including California State Association of Counties, League of California Cities, and real estate trade groups—criticized the perceived constraints on local traffic mitigation and potential impacts on roadway funding for projects on corridors like State Route 99 and Interstate 405. Academic commentary from centers at UC Davis, University of California, Irvine, and California State University, Long Beach debated empirical outcomes, while advocacy by Environmental Defense Fund and Natural Resources Defense Council emphasized emissions co-benefits. Overall, the law reshaped interactions among planning agencies, transit operators, developers, and courts, continuing to evolve through guidance revisions, municipal practice, and ongoing litigation.

Category:California statutes