SB 375: Promise, Compromise and the New Urban Landscape

摘要: I. INTRODUCTION II. TRANSPORTATION, LAND USE AND GLOBAL WARMING III. THE SMART GROWTH PEDIGREE: SLOW MOVEMENT, AB 857 SACOG BLUEPRINT A. The Slow Growth Movement B. C. Blueprint IV. SB 375: STRUCTURE, IMPLEMENTATION ROLE OF CARB Role of RTP and SCS APS D. CEQA Exemptions Streamlining i. Residential or Mixed-Use Projects Consistent With SCS/APS ii. Transit Priority E. Housing Element Reform V. OBSTACLES TO Transportation Infrastructure: Smart Growth's Missing Link APS, Feasibility the Breakdown Internal Consistency California's Land Use Status Quo: Loose Ends, Local Ties Changing Landscape VI. RECOMMENDATIONS Infrastructure Actions by Compliance Clarity Provision GHG Emission Evaluation Guidelines Consider Amendment VII. CONCLUSION On September 27, 2006, California Governor Arnold Schwarzenegger signed into law 32, (1) Global Warming Solutions Act, widely considered most comprehensive progressive piece legislation ever drafted to address causes anthropogenic climate change. statute gives Air Resources Board (CARB) broad authority regulate any source greenhouse gas emissions (GHGs), including those from transportation land use sectors. (2) eleventh-hour enactment 375 in September, 2008 represents first legislative step towards aligning state's future development with 32's reduction goals. (3) Vaunted as a "trifecta impossible" one statute's contributory drafters, (4) seeks harmonize three distinct areas--regional housing need, infrastructure statewide air quality goals--in program. builds upon existing regulatory structures incentivise compact through mix project funding process streamlining all targeted toward end: reducing vehicle miles traveled (VMT) among 23 million licensed drivers. (5) Whether will herald new era smart growth simply add additional strata an already complex planning remains be seen. This Comment look past failures present successes determine what potential obstacles may arise implementing nascent law. Additionally, provides recommendations, both administrative, intended bridge gap between untested language practical achievement its Understanding promise pitfalls requires analyzing law's overall structure find balance mandates hopes achieve incentive--determining must done is still left caprice local regional governments. Beginning Part II, this explore environmental crisis context under which was conceived ultimately enacted. global effects change also briefly discussed. III historical attempts legislate growth, evaluating efficacy previous programs. These early state efforts constrain suburban sprawl are presented evolutionary predecessors 375, informing our understanding newest species providing base evaluate for success failure. IV overview basic functional structure. bill not stand-alone but instead amends current statutes. …