CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 445Introduced by Senator WienerFebruary 18, 2025 An act to add Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 445, as introduced, Wiener. Sustainable Transportation Project Permits and Cooperative Agreements.Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.This bill would require a lead agency to provide a written notice with specified information to a third-party entity, defined by the bill to mean a local agency, electrical corporation, or private telecommunications provider, regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. This bill would define sustainable transportation project to mean a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities meeting at least one of several specified criteria, including that it is exempt from CEQA pursuant to the above-described provisions. The bill would define large sustainable transportation project to mean a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than $25,000,000, and meets other specified criteria.This bill would require a lead agency to provide a written notice with specified information to a third-party entity regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. Within 30 calendar days of receiving that notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and, within 30 calendar days of determining the notice is complete, would require the third-party entity to take certain actions, including providing as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in the written notice. The bill would also prohibit a third-party entity from requiring, among other things, as a condition for issuance of certain permits, conformance with or the performance of any conditions, except under certain circumstances.This bill would require a lead agency responsible for a large sustainable transportation project to seek to enter into a cooperative agreement with each third-party entity through which the project passes. The bill would also require the lead agency to provide a written notice with specified information to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. Within 30 calendar days of receiving the notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and within 60 calendar days of determining the notice is complete, would require the third-party entity to enter into a cooperative agreement with the lead agency that contains certain provisions, including that it meets applicable federal requirements, standards, or guidelines. The bill would also prohibit a third-party entity from requiring, among other things, as a condition to the issuance of certain permits, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described above is completed.By imposing additional duties on local entities, this bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 7 (commencing with Section 65964.60) is added to Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read: Article 7. Sustainable Transportation Project Permits and Cooperative Agreements65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.SEC. 2. The Legislature finds and declares that accelerating sustainable transportation project delivery to address traffic fatalities and the climate crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 445Introduced by Senator WienerFebruary 18, 2025 An act to add Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 445, as introduced, Wiener. Sustainable Transportation Project Permits and Cooperative Agreements.Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.This bill would require a lead agency to provide a written notice with specified information to a third-party entity, defined by the bill to mean a local agency, electrical corporation, or private telecommunications provider, regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. This bill would define sustainable transportation project to mean a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities meeting at least one of several specified criteria, including that it is exempt from CEQA pursuant to the above-described provisions. The bill would define large sustainable transportation project to mean a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than $25,000,000, and meets other specified criteria.This bill would require a lead agency to provide a written notice with specified information to a third-party entity regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. Within 30 calendar days of receiving that notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and, within 30 calendar days of determining the notice is complete, would require the third-party entity to take certain actions, including providing as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in the written notice. The bill would also prohibit a third-party entity from requiring, among other things, as a condition for issuance of certain permits, conformance with or the performance of any conditions, except under certain circumstances.This bill would require a lead agency responsible for a large sustainable transportation project to seek to enter into a cooperative agreement with each third-party entity through which the project passes. The bill would also require the lead agency to provide a written notice with specified information to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. Within 30 calendar days of receiving the notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and within 60 calendar days of determining the notice is complete, would require the third-party entity to enter into a cooperative agreement with the lead agency that contains certain provisions, including that it meets applicable federal requirements, standards, or guidelines. The bill would also prohibit a third-party entity from requiring, among other things, as a condition to the issuance of certain permits, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described above is completed.By imposing additional duties on local entities, this bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 445
Introduced by Senator WienerFebruary 18, 2025
Introduced by Senator Wiener
February 18, 2025
An act to add Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 445, as introduced, Wiener. Sustainable Transportation Project Permits and Cooperative Agreements.
Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.This bill would require a lead agency to provide a written notice with specified information to a third-party entity, defined by the bill to mean a local agency, electrical corporation, or private telecommunications provider, regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. This bill would define sustainable transportation project to mean a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities meeting at least one of several specified criteria, including that it is exempt from CEQA pursuant to the above-described provisions. The bill would define large sustainable transportation project to mean a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than $25,000,000, and meets other specified criteria.This bill would require a lead agency to provide a written notice with specified information to a third-party entity regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. Within 30 calendar days of receiving that notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and, within 30 calendar days of determining the notice is complete, would require the third-party entity to take certain actions, including providing as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in the written notice. The bill would also prohibit a third-party entity from requiring, among other things, as a condition for issuance of certain permits, conformance with or the performance of any conditions, except under certain circumstances.This bill would require a lead agency responsible for a large sustainable transportation project to seek to enter into a cooperative agreement with each third-party entity through which the project passes. The bill would also require the lead agency to provide a written notice with specified information to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. Within 30 calendar days of receiving the notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and within 60 calendar days of determining the notice is complete, would require the third-party entity to enter into a cooperative agreement with the lead agency that contains certain provisions, including that it meets applicable federal requirements, standards, or guidelines. The bill would also prohibit a third-party entity from requiring, among other things, as a condition to the issuance of certain permits, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described above is completed.By imposing additional duties on local entities, this bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
CEQA, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified requirements are met. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, which will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.
This bill would require a lead agency to provide a written notice with specified information to a third-party entity, defined by the bill to mean a local agency, electrical corporation, or private telecommunications provider, regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. This bill would define sustainable transportation project to mean a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities meeting at least one of several specified criteria, including that it is exempt from CEQA pursuant to the above-described provisions. The bill would define large sustainable transportation project to mean a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than $25,000,000, and meets other specified criteria.
This bill would require a lead agency to provide a written notice with specified information to a third-party entity regarding its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. Within 30 calendar days of receiving that notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and, within 30 calendar days of determining the notice is complete, would require the third-party entity to take certain actions, including providing as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in the written notice. The bill would also prohibit a third-party entity from requiring, among other things, as a condition for issuance of certain permits, conformance with or the performance of any conditions, except under certain circumstances.
This bill would require a lead agency responsible for a large sustainable transportation project to seek to enter into a cooperative agreement with each third-party entity through which the project passes. The bill would also require the lead agency to provide a written notice with specified information to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. Within 30 calendar days of receiving the notice, the bill would require the third-party entity to provide a written response to the lead agency, as provided, and within 60 calendar days of determining the notice is complete, would require the third-party entity to enter into a cooperative agreement with the lead agency that contains certain provisions, including that it meets applicable federal requirements, standards, or guidelines. The bill would also prohibit a third-party entity from requiring, among other things, as a condition to the issuance of certain permits, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described above is completed.
By imposing additional duties on local entities, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 7 (commencing with Section 65964.60) is added to Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read: Article 7. Sustainable Transportation Project Permits and Cooperative Agreements65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.SEC. 2. The Legislature finds and declares that accelerating sustainable transportation project delivery to address traffic fatalities and the climate crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 7 (commencing with Section 65964.60) is added to Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read: Article 7. Sustainable Transportation Project Permits and Cooperative Agreements65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.
SECTION 1. Article 7 (commencing with Section 65964.60) is added to Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read:
### SECTION 1.
Article 7. Sustainable Transportation Project Permits and Cooperative Agreements65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.
Article 7. Sustainable Transportation Project Permits and Cooperative Agreements65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.
Article 7. Sustainable Transportation Project Permits and Cooperative Agreements
Article 7. Sustainable Transportation Project Permits and Cooperative Agreements
65964.60. For purposes of this article, the following definitions shall apply:(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.(b) Master permitting lead agency means a lead agency that meets all of the following criteria:(1) The lead agency has adopted a design criteria manual or design standards.(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.(7) Payment systems that reduce boarding times.
65964.60. For purposes of this article, the following definitions shall apply:
(a) (1) Large sustainable transportation project means a sustainable transportation project that, based on the project engineers cost estimate at the time the lead agency completes environmental review, costs more than twenty-five million dollars ($25,000,000), and that meets at least one of the following criteria:
(A) Be included in the most recently published State Rail Plan, pursuant to Section 14036, or the most recently published regional transportation plan, transportation improvement plan, or voter-approved local revenue measure expenditure plan of the regional or local jurisdiction or jurisdictions that the project passes through.
(B) Has completed environmental review pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, which may conclude with the adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination of exemption from further environmental review.
(2) The cost estimate amount in paragraph (1) shall be adjusted pursuant to subdivision (j) of Section 21080.25 of the Public Resources Code.
(b) Master permitting lead agency means a lead agency that meets all of the following criteria:
(1) The lead agency has adopted a design criteria manual or design standards.
(2) The manual or standards described in paragraph (1) have been approved by relevant staff authorized by the Transportation Agency to approve the manual or standards.
(3) Operator has the same meaning as in Section 99210 of the Public Utilities Code.
(c) Sustainable transportation project means a project where the lead agency is a state agency, operator, or local agency that proposes the construction or modification of facilities that meet at least one of the following criteria:
(1) The project is exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, pursuant to Section 21080.25 of the Public Resources Code.
(2) The projects primary purpose is to create, maintain, or improve active transportation infrastructure, including pedestrian and bicycle infrastructure.
(3) The projects primary purpose is to create, maintain, or improve public transit infrastructure, including, but not limited to, transit priority facilities, bus rapid transit facilities, or rail transit facilities, including facilities for rail transit, as defined in Section 99602 of the Public Utilities Code, commuter rail, regional rail, light rail transit, intercity rail, as defined in Section 99602 of the Public Utilities Code, or a rapid rail transit system, as defined in Section 92015.
(4) The projects primary purpose is to create, maintain, or improve other publicly owned or operated rail infrastructure.
(d) Third-party entity means a local agency, electrical corporation, or private telecommunications provider.
(e) Transit priority facility means a roadway facility, treatment, or improvement that helps transit buses and other transit vehicles avoid traffic congestion, reduce signal delays, and move more predictably and reliably, including the following:
(1) Dedicated lanes reserved for the exclusive use of transit vehicles and emergency vehicles.
(2) High-occupancy vehicle lanes for buses, motorcycles, or vehicles with three or more occupants.
(3) Bus stop or station placements and physical configurations, including, but not limited to, level boarding or bus bulbs, which are designed to maximize boarding, alighting efficiency, and reduce delays, or sidewalks and crosswalks to provide safe access to and from transit stops and stations.
(4) Transit signal priority, retiming, and preemption that adjusts traffic signal timing in real time to minimize delay of transit vehicles, including, but not limited to, reducing the length of a red light for a transit vehicle or extending an existing green light for an approaching transit vehicle.
(5) Turn restrictions and exceptions designed to minimize disruption to transit movements or to give transit vehicles and emergency vehicles special privileges to make otherwise restricted turns.
(6) Queue jump lanes to help transit vehicles move to the front of traffic waiting at a signal.
(7) Payment systems that reduce boarding times.
65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:(1) The sustainable transportation project name.(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).(5) Construction education and outreach plans for businesses or residents impacted by project construction.(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.
65964.61. (a) A lead agency shall provide written notice to a third-party entity of its need to use, relocate, alter, change, or otherwise improve facilities, publicly owned and managed utilities, public spaces, or other publicly or privately owned facilities under the third-party entitys jurisdiction or ownership for the implementation of a sustainable transportation project. In that written notice, the lead agency shall include materials with the following information regarding the sustainable transportation project:
(1) The sustainable transportation project name.
(2) A list of any cooperative agreements entered into between the lead agency and a third-party entity for the sustainable transportation project.
(3) A description of the scope of work to be performed on property owned by or within the jurisdiction of the third-party entity for the sustainable transportation project.
(4) A map of the sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (3).
(5) Construction education and outreach plans for businesses or residents impacted by project construction.
(6) Any safety and emergency service plans for project construction required by relevant state and federal laws and regulations.
(7) Draft plans for the scope of work described pursuant to paragraph (3), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.
(b) Within 30 calendar days of receiving the notice required by subdivision (a), the third-party entity shall provide a written response to the lead agency with all of the following:
(1) Notifying the lead agency in writing that it has received the notice and whether the notice complies with the requirements of subdivision (a).
(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (a), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (a) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (a) and (b).
(c) Within 30 calendar days of determining the notice required by subdivision (a) is complete pursuant to subdivision (b), the third-party entity shall do all of the following:
(1) Provide as-built plans to the lead agency for all third-party entity facilities that will be impacted by the work described in paragraph (3) of subdivision (a).
(2) (A) Provide any necessary permits, approvals, or permissions for the work to be completed and provide consolidated input and comments from all relevant departments, in writing, to the lead agency on all information provided pursuant to subdivision (a).
(B) If no input or comments are provided, all relevant permits are not provided, all relevant permissions to complete work on property owned by the third-party entity to accommodate the sustainable transportation project are not provided, or the third-party entity does not agree to complete all relevant work it is responsible for pursuant to a cooperative agreement required under Section 65964.62 on property it owns that is necessary to accommodate the sustainable transportation project, or fails to complete that work, upon the expiration of the 30-day deadline, the lead agency may begin construction or preconstruction activities on the property owned by or within the jurisdiction of the third-party entity in accordance with the materials provided in subdivision (a).
(C) A lead agency may only use the authority granted to it in subparagraph (B) if it is a master permitting lead agency.
(d) Except as provided under subdivision (g) of Section 65964.62, a third-party entity shall not require, as a condition for issuance of any construction, facility, encroachment, or other relevant permit for a sustainable transportation project, or as a condition for completing any relevant work on property owned by that third-party entity to accommodate the sustainable transportation project, conformance with or the performance of any conditions, unless the third-party entity makes a written finding, transmitted to the lead agency, that the conformance or performance of the condition is necessary for the safe construction, operation, or maintenance of a facility being constructed by the lead agency.
65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:(1) The large sustainable transportation project name.(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:(1) Meets applicable federal requirements, standards, or guidelines.(2) Establishes the following:(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.
65964.62. (a) A lead agency responsible for a large sustainable transportation project shall seek to enter into a cooperative agreement with each third-party entity through which the project passes.
(b) The lead agency shall provide written notice to the third-party entity of its intent to enter into a cooperative agreement with the third-party entity. In that written notice, the lead agency shall include materials with the following information regarding the large sustainable transportation project:
(1) The large sustainable transportation project name.
(2) A description of the preliminary scope of work to be performed on the property owned by or within the jurisdiction of the third-party entity for the large sustainable transportation project.
(3) A map of the conceptual large sustainable transportation project limits that identifies locations of temporarily or permanently affected third-party entity facilities or public spaces impacted by the scope of work as described in paragraph (2).
(4) Draft plans for the scope of work described pursuant to paragraph (2), including construction plans, construction schedules, traffic and circulation management plans for all modes and for emergency vehicles, and other information related to the project.
(c) Within 30 calendar days of receiving the notice required by subdivision (b), the third-party entity shall provide a written response to the lead agency with all of the following:
(1) Notifying the lead agency in writing that they have received the notice and whether the notice complies with the requirements of subdivision (b).
(2) If the third-party entity determines that the lead agency has not provided information in the written notice as required by subdivision (b), then the third-party entity shall include in its written response to the lead agency an itemized list of specific information that was required by subdivision (b) but not provided. Upon receipt of an updated notice from the lead agency, the third-party entity shall review the notice for completeness pursuant to subdivisions (b) and (c).
(d) Within 60 calendar days of determining the notice required pursuant to subdivision (b) is complete pursuant to subdivision (c), the third-party entity shall enter into a cooperative agreement with the lead agency that, at a minimum, does all of the following:
(1) Meets applicable federal requirements, standards, or guidelines.
(2) Establishes the following:
(A) The scope of permits, permissions, and approvals required for the project on the property owned by or within the jurisdiction of the third-party entity.
(B) Timelines for design review, facility, construction, encroachment, or other relevant permit review and approval, or other relevant permissions and approvals, pursuant to the scope identified in subparagraph (A).
(C) Objective design and technical standards, provided that those standards shall not be adjusted once the cooperative agreement has been finalized unless both the lead agency and third-party entity agree to the modification of these standards.
(D) The funding relationship for the third-party entitys staff time spent on review and development of the large sustainable transportation project.
(e) If the third-party entity fails to enter into a cooperative agreement with the lead agency within the timeline required by subdivision (d), or if a cooperative agreement is entered into and the third-party entity violates the terms of the cooperative agreement, the lead agency may occupy the public spaces in the local jurisdiction without a facility, encroachment, construction, or other relevant permit, permission, or approval, or complete any work on property owned by the third-party entity that is needed to accommodate the sustainable transportation project.
(f) A lead agency may only use the authority granted it in subdivision (e) if it is a master permitting lead agency.
(g) A third-party entity shall not require, as a condition to the issuance of any construction, facility, encroachment, or other relevant permit for a large sustainable transportation project, or as a condition for completing any relevant work on property owned by that entity to accommodate the large sustainable transportation project, conformance with or the performance of any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed. A third-party entity also shall not withhold or refuse to issue those permits, or refuse to provide other relevant approvals or permissions to conduct work on property owned by the third-party entity, for failure to conform with or perform any conditions that the third-party entity could have lawfully imposed as a condition to the design or construction of the project after the process described by subdivisions (a) to (f), inclusive, is completed.
SEC. 2. The Legislature finds and declares that accelerating sustainable transportation project delivery to address traffic fatalities and the climate crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that accelerating sustainable transportation project delivery to address traffic fatalities and the climate crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.
SEC. 2. The Legislature finds and declares that accelerating sustainable transportation project delivery to address traffic fatalities and the climate crisis is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 7 (commencing with Section 65964.60) to Chapter 4.5 of Division 1 of Title 7 of the Government Code applies to all cities, including charter cities.
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SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 3.