| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1778Introduced by Assembly Member Cristina GarciaFebruary 03, 2022 An act to add Section 165.5 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1778, as amended, Cristina Garcia. State transportation funding: freeway widening: projects: poverty and pollution: Department of Transportation.Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the index, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read:165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b).SECTION 1.Section 165.5 is added to the Streets and Highways Code, to read:165.5.Notwithstanding any other law, state funds or personnel time shall not be used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1778Introduced by Assembly Member Cristina GarciaFebruary 03, 2022 An act to add Section 165.5 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1778, as amended, Cristina Garcia. State transportation funding: freeway widening: projects: poverty and pollution: Department of Transportation.Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the index, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 20, 2022 | |
| 8 | 7 | Amended IN Assembly March 24, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1778 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member Cristina | |
| 15 | + | Introduced by Assembly Member Cristina GarciaFebruary 03, 2022 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Cristina Garcia | |
| 17 | + | Introduced by Assembly Member Cristina Garcia | |
| 19 | 18 | February 03, 2022 | |
| 20 | 19 | ||
| 21 | 20 | An act to add Section 165.5 to the Streets and Highways Code, relating to transportation. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 1778, as amended, Cristina Garcia. State transportation funding: freeway projects: poverty and pollution: Department of Transportation. | |
| 26 | + | AB 1778, as amended, Cristina Garcia. State transportation funding: freeway widening: projects: poverty and pollution: Department of Transportation. | |
| 28 | 27 | ||
| 29 | - | Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables | |
| 28 | + | Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the index, as provided. | |
| 30 | 29 | ||
| 31 | 30 | Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided. | |
| 32 | 31 | ||
| 33 | - | This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables | |
| 32 | + | This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental variables through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the index, as provided. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read:165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read:165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b).SECTION 1.Section 165.5 is added to the Streets and Highways Code, to read:165.5.Notwithstanding any other law, state funds or personnel time shall not be used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | - | SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read:165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) | |
| 44 | + | SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read:165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b). | |
| 46 | 45 | ||
| 47 | 46 | SECTION 1. Section 165.5 is added to the Streets and Highways Code, to read: | |
| 48 | 47 | ||
| 49 | 48 | ### SECTION 1. | |
| 50 | 49 | ||
| 51 | - | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) | |
| 50 | + | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b). | |
| 52 | 51 | ||
| 53 | - | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) | |
| 52 | + | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b). | |
| 54 | 53 | ||
| 55 | - | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) | |
| 54 | + | 165.5. (a) For purposes of this section, the following definitions apply:(1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state.(2) Projects means any of the following:(A) Freeway widening projects.(B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities.(C) Freeway extensions or lengthening.(D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.(b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results:(1) Housing: low-income homeowner severe housing cost burden.(2) Housing: low-income renter severe housing cost burden.(3) Clean environment: clean air PM 2.5.(4) Clean environment: clean air diesel PM.(c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b). | |
| 56 | 55 | ||
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | 58 | 165.5. (a) For purposes of this section, the following definitions apply: | |
| 60 | 59 | ||
| 61 | 60 | (1) California Healthy Places Index means the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state. | |
| 62 | 61 | ||
| 63 | - | (2 | |
| 62 | + | (2) Projects means any of the following: | |
| 64 | 63 | ||
| 65 | - | (A) | |
| 64 | + | (A) Freeway widening projects. | |
| 66 | 65 | ||
| 66 | + | (B) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities. | |
| 67 | 67 | ||
| 68 | + | (C) Freeway extensions or lengthening. | |
| 68 | 69 | ||
| 69 | - | ( | |
| 70 | + | (D) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent. | |
| 70 | 71 | ||
| 71 | - | (B) | |
| 72 | - | ||
| 73 | - | ||
| 74 | - | ||
| 75 | - | (ii) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities. | |
| 76 | - | ||
| 77 | - | (C) | |
| 78 | - | ||
| 79 | - | ||
| 80 | - | ||
| 81 | - | (iii) Freeway extensions or lengthening. | |
| 82 | - | ||
| 83 | - | (D) | |
| 84 | - | ||
| 85 | - | ||
| 86 | - | ||
| 87 | - | (iv) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent. | |
| 88 | - | ||
| 89 | - | (B) The following project types shall not count as projects as defined in this paragraph and shall be exempt from this section: | |
| 90 | - | ||
| 91 | - | (i) Projects that expand or provide a means for the expansion of multimodal transit services on a freeway or within a freeway right-of-way, such as express bus service on express lanes or high-occupancy vehicle lanes, or light rail. | |
| 92 | - | ||
| 93 | - | (ii) Auxiliary lanes no more than two miles in continuous length. | |
| 94 | - | ||
| 95 | - | (iii) Deployment of intelligent transportation technologies. | |
| 96 | - | ||
| 97 | - | (iv) Projects for the purpose of public safety or the repair of structurally deficient infrastructure. | |
| 98 | - | ||
| 99 | - | (3) United States Census Demographic Data Map Viewer means the online resource developed by the United States Census Bureau to provide population density and demographic data from the latest census. | |
| 100 | - | ||
| 101 | - | (b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality latest version of the California Healthy Places Index and use the following variables indicators to obtain data results: the index percentile: | |
| 72 | + | (b) Notwithstanding any other law, before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects, the department shall consult the California Healthy Places Index. The department shall use the create custom score functionality of the California Healthy Places Index and use the following variables to obtain data results: | |
| 102 | 73 | ||
| 103 | 74 | (1) Housing: low-income homeowner severe housing cost burden. | |
| 104 | 75 | ||
| 105 | 76 | (2) Housing: low-income renter severe housing cost burden. | |
| 106 | 77 | ||
| 107 | 78 | (3) Clean environment: clean air PM 2.5. | |
| 108 | 79 | ||
| 109 | 80 | (4) Clean environment: clean air diesel PM. | |
| 110 | 81 | ||
| 111 | - | (c | |
| 82 | + | (c) Notwithstanding any other law, the department shall not use state funds or personnel time for projects, nor shall the department permit projects, if any single or adjacent census tract within or adjacent to the project area has a percentile score that falls within the zero to 50th percentile score on the California Healthy Places Index, as calculated using the four variables described in paragraphs (1) to (4), inclusive, of subdivision (b). | |
| 112 | 83 | ||
| 113 | - | (2) The prohibition in paragraph (1) only applies to a census tract with a population of 5,000 or more per square mile on the latest version of the United States Census Demographic Data Map Viewer. | |
| 84 | + | ||
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | Notwithstanding any other law, state funds or personnel time shall not be used to fund or permit freeway widening projects in areas with high rates of pollution and poverty. |