Senate Bill 1456

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    Florida Senate - 1998                                  SB 1456

    By the Committee on Transportation





    306-1632-98

  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         163.3191, F.S.; authorizing the Department of

  4         Community Affairs to grant an extension of the

  5         Evaluation and Appraisal Report submission from

  6         local governments in order to coordinate

  7         planning efforts with Metropolitan Planning

  8         Organizations; amending s. 339.155, F.S.;

  9         providing planning factors to be considered in

10         the Florida Transportation Plan; amending s.

11         339.175, F.S.; providing planning factors to be

12         considered in Metropolitan Planning

13         Organization transportation plans; providing

14         for the creation of planning goals; creating

15         the Land-Use Transportation Planning

16         Reconciliation Committee; providing for its

17         membership and duties; amending s. 341.043,

18         F.S.; providing for the creation of the

19         Strategic Intermodal Transportation and

20         Economic Development Planning Council within

21         the Department of Transportation; providing an

22         effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Subsection (4) of section 163.3191, Florida

27  Statutes, is amended to read:

28         163.3191  Evaluation and appraisal of comprehensive

29  plan.--

30         (4)  The governing body shall adopt, or adopt with

31  changes, the report or portions thereof within 90 days after

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  1  receiving it from the local planning agency.  The governing

  2  body shall amend its comprehensive plan based on the

  3  recommendations contained in the adopted evaluation and

  4  appraisal report, pursuant to the procedures in ss. 163.3184,

  5  163.3187, and 163.3189. Amendments to the plan and the

  6  adoption of the report may be simultaneous. When amendments to

  7  the plan do not occur simultaneously with the adoption of the

  8  evaluation and appraisal report, the report shall contain a

  9  schedule for adoption of proposed amendments within 1 year

10  after the report is adopted, except that the state land

11  planning agency may grant a 6-month extension for adoption of

12  such plan amendments if the request is justified by good and

13  sufficient cause as determined by the agency. An extension may

14  also be granted if the request will achieve better and more

15  coordinated planning results as determined by the agency, such

16  as coordination with the Metropolitan Planning Organization

17  planning program, and if the local government has submitted a

18  reasonable schedule for adopting the plan amendments. The

19  report shall be transmitted to the state land planning agency,

20  with the related amendments when the amendments are

21  transmitted pursuant to s. 163.3184.

22         Section 2.  Subsection (2) of section 339.155, Florida

23  Statutes, is amended to read:

24         339.155  Transportation planning.--The department shall

25  develop and annually update a statewide transportation plan,

26  to be known as the Florida Transportation Plan.  The plan

27  shall be designed so as to be easily read and understood by

28  the general public.

29         (2)  DEVELOPMENT CRITERIA.--The Florida Transportation

30  Plan shall consider the needs of the entire state

31  transportation system, examine the use of all modes of

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  1  transportation to effectively and efficiently meet such needs,

  2  and provide for the interconnection of all types of modes in a

  3  comprehensive intermodal transportation system.  In developing

  4  the Florida Transportation Plan, the department shall consider

  5  the following:

  6         (a)  Supporting the economic vitality of the

  7  metropolitan area, especially by enabling global

  8  competitiveness, productivity, and efficiency.

  9         (b)  Increasing the safety and security of the

10  transportation system for motorized and nonmotorized users.

11         (c)  Increasing the accessibility and mobility options

12  available to people and for freight.

13         (d)  Protecting and enhancing the environment,

14  promoting energy conservation, and improving quality of life

15  through land-use planning.

16         (e)  Enhancing the integration and connectivity of the

17  transportation system, across and between modes, for people

18  and freight.

19         (f)  Promoting efficient system management and

20  operation.

21         (g)  Emphasizing the preservation of the existing

22  transportation system.

23         (a)  The results of the management systems required

24  pursuant to federal laws and regulations.

25         (b)  Any federal, state, or local energy use goals,

26  objectives, programs, or requirements.

27         (c)  Strategies for incorporating bicycle

28  transportation facilities and pedestrian walkways in projects

29  where appropriate throughout the state.

30         (d)  International border crossings and access to

31  ports, airports, intermodal transportation facilities, major

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  1  freight distribution routes, national parks, recreation and

  2  scenic areas, monuments and historic sites, and military

  3  installations.

  4         (e)  The transportation needs of nonmetropolitan areas

  5  through a process that includes consultation with local

  6  elected officials with jurisdiction over transportation.

  7         (f)  Consistency of the plan, to the maximum extent

  8  feasible, with strategic regional policy plans, metropolitan

  9  planning organization plans, and approved local government

10  comprehensive plans so as to contribute to the management of

11  orderly and coordinated community development.

12         (g)  Connectivity between metropolitan areas within the

13  state and with metropolitan areas in other states.

14         (h)  Recreational travel and tourism.

15         (i)  Any state plan developed pursuant to the Federal

16  Water Pollution Control Act.

17         (j)  Transportation system management and investment

18  strategies designed to make the most efficient use of existing

19  transportation facilities.

20         (k)  The total social, economic, energy, and

21  environmental effects of transportation decisions on the

22  community and region.

23         (l)  Methods to manage traffic congestion and to

24  prevent traffic congestion from developing in areas where it

25  does not yet occur, including methods which reduce motor

26  vehicle travel, particularly single-occupant vehicle travel.

27         (m)  Methods to expand and enhance transit services and

28  to increase the use of such services.

29         (n)  The effect of transportation decisions on land use

30  and land development, including the need for consistency

31  between transportation decisionmaking and the provisions of

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  1  all applicable short-range and long-range land use and

  2  development plans.

  3         (o)  Where appropriate, the use of innovative

  4  mechanisms for financing projects, including value capture

  5  pricing, tolls, and congestion pricing.

  6         (p)  Preservation and management of rights-of-way for

  7  construction of future transportation projects, including

  8  identification of unused rights-of-way which may be needed for

  9  future transportation corridors, and identification of those

10  corridors for which action is most needed to prevent

11  destruction or loss.

12         (q)  Future, as well as existing, needs of the state

13  transportation system.

14         (r)  Methods to enhance the efficient movement of

15  commercial motor vehicles.

16         (s)  The use of life-cycle costs in the design and

17  engineering of bridges, tunnels, or pavement.

18         (t)  Investment strategies to improve adjoining state

19  and local roads that support rural economic growth and tourism

20  development, federal agency renewable resources management,

21  and multipurpose land management practices, including

22  recreation development.

23         (u)  The concerns of Indian tribal governments having

24  jurisdiction over lands within the boundaries of the state.

25         (v)  A seaport or airport master plan, which has been

26  incorporated into an approved local government comprehensive

27  plan, and the linkage of transportation modes described in

28  such plan which are needed to provide for the movement of

29  goods and passengers between the seaport or airport and the

30  other transportation facilities.

31

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  1         (w)  The joint use of transportation corridors and

  2  major transportation facilities for alternate transportation

  3  and community uses.

  4         (x)  The integration of any proposed system into all

  5  other types of transportation facilities in the community.

  6         Section 3.  Subsections (5) and (6) of section 339.175,

  7  Florida Statutes, are amended to read:

  8         339.175  Metropolitan planning organization.--It is the

  9  intent of the Legislature to encourage and promote the

10  development of transportation systems embracing various modes

11  of transportation in a manner that will maximize the mobility

12  of people and goods within and through urbanized areas of this

13  state and minimize, to the maximum extent feasible, and

14  together with applicable regulatory government agencies,

15  transportation-related fuel consumption and air pollution.  To

16  accomplish these objectives, metropolitan planning

17  organizations, referred to in this section as M.P.O.'s, shall

18  develop, in cooperation with the state, transportation plans

19  and programs for metropolitan areas. Such plans and programs

20  must provide for the development of transportation facilities

21  that will function as an intermodal transportation system for

22  the metropolitan area.  The process for developing such plans

23  and programs shall be continuing, cooperative, and

24  comprehensive, to the degree appropriate, based on the

25  complexity of the transportation problems.

26         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

27  privileges, and authority of an M.P.O. are those specified in

28  this section or incorporated in an interlocal agreement

29  authorized under s. 163.01.  Each M.P.O. shall perform all

30  acts required by federal or state laws or rules, now and

31  subsequently applicable, which are necessary to qualify for

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  1  federal aid. It is the intent of this section that each M.P.O.

  2  shall be involved in the planning and programming of

  3  transportation facilities, including, but not limited to,

  4  airports, intercity and high-speed rail lines, seaports, and

  5  intermodal facilities, to the extent permitted by state or

  6  federal law.

  7         (a)  Each M.P.O. shall, in cooperation with the

  8  department, develop:

  9         1.  A long-range transportation plan pursuant to the

10  requirements of subsection (6);

11         2.  An annually updated transportation improvement

12  program pursuant to the requirements of subsection (7); and

13         3.  An annual unified planning work program pursuant to

14  the requirements of subsection (8).

15         (b)  In developing the long-range transportation plan

16  and the transportation improvement program required under

17  paragraph (a), each M.P.O. must, at a minimum, consider:

18         1.  Supporting the economic vitality of the

19  metropolitan area, especially by enabling global

20  competitiveness, productivity, and efficiency.

21         2.  Increasing the safety and security of the

22  transportation system for motorized and nonmotorized users.

23         3.  Increasing the accessibility and mobility options

24  available to people and for freight.

25         4.  Protecting and enhancing the environment, promoting

26  energy conservation, and improving quality of life through

27  land-use planning.

28         5.  Enhancing the integration and connectivity of the

29  transportation system, across and between modes, for people

30  and freight.

31

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  1         6.  Promoting efficient system management and

  2  operation.

  3         7.  Emphasizing the preservation of the existing

  4  transportation system.

  5

  6  Goals must be developed cooperatively by local governments, in

  7  the context of the land-use and transportation elements of the

  8  local comprehensive plan, and M.P.O's that demonstrate

  9  compliance with these seven planning factors.

10         1.  The preservation of existing transportation

11  facilities and, where practical, ways to meet transportation

12  needs by using existing facilities more efficiently;

13         2.  The consistency of transportation planning with

14  applicable federal, state, and local energy conservation

15  programs, goals, and objectives;

16         3.  The need to relieve congestion and prevent

17  congestion from occurring where it does not yet occur;

18         4.  The likely effect of transportation policy

19  decisions on land use and development and the consistency of

20  transportation plans and programs with all applicable

21  short-term and long-term land use and development plans;

22         5.  The programming of transportation enhancement

23  activities as required by federal law;

24         6.  The effect of all transportation projects to be

25  undertaken in the metropolitan area, without regard to whether

26  such projects are publicly funded;

27         7.  The provision of access to seaports, airports,

28  intermodal transportation facilities, major freight

29  distribution routes, national and state parks, recreation

30  areas, monuments and historic sites, and military

31  installations;

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  1         8.  The need for roads within the metropolitan area to

  2  efficiently connect with roads outside the metropolitan area;

  3         9.  The transportation needs identified through the use

  4  of transportation management systems required by federal or

  5  state law;

  6         10.  The preservation of rights-of-way for construction

  7  of future transportation projects, including the

  8  identification of unused rights-of-way that may be needed for

  9  future transportation corridors and the identification of

10  corridors for which action is most needed to prevent

11  destruction or loss;

12         11.  Any available methods to enhance the efficient

13  movement of freight;

14         12.  The use of life-cycle costs in the design and

15  engineering of bridges, tunnels, or pavement;

16         13.  The overall social, economic, energy, and

17  environmental effects of transportation decisions;

18         14.  Any available methods to expand or enhance transit

19  services and increase the use of such services; and

20         15.  The possible allocation of capital investments to

21  increase security for transit systems.

22         (c)  In order to provide recommendations to the

23  department and local governmental entities regarding

24  transportation plans and programs, each M.P.O. shall:

25         1.  Prepare a congestion management system for the

26  metropolitan area and cooperate with the department in the

27  development of all other transportation management systems

28  required by state or federal law;

29         2.  Assist the department in mapping transportation

30  planning boundaries required by state or federal law;

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  1         3.  Assist the department in performing its duties

  2  relating to access management, functional classification of

  3  roads, and data collection;

  4         4.  Execute all agreements or certifications necessary

  5  to comply with applicable state or federal law;

  6         5.  Represent all the jurisdictional areas within the

  7  metropolitan area in the formulation of transportation plans

  8  and programs required by this section; and

  9         6.  Perform all other duties required by state or

10  federal law.

11         (d)  Each M.P.O. shall appoint a technical advisory

12  committee that includes planners; engineers; representatives

13  of local aviation authorities, port authorities, and public

14  transit authorities or representatives of aviation

15  departments, seaport departments, and public transit

16  departments of municipal or county governments, as applicable;

17  the school superintendent of each county within the

18  jurisdiction of the M.P.O. or the superintendent's designee;

19  and other appropriate representatives of affected local

20  governments. In addition to any other duties assigned to it by

21  the M.P.O. or by state or federal law, the technical advisory

22  committee is responsible for identifying projects contained in

23  the long-range plan or transportation improvement program

24  which deserve to be classified as a school safety concern.

25  Upon receipt of the recommendation from the technical advisory

26  committee that a project should be so classified, the M.P.O.

27  must vote on whether to classify a particular project as a

28  school safety concern.  If the M.P.O. votes that a project

29  should be classified as a school safety concern, the local

30  governmental entity responsible for the project must consider

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  1  at least two alternatives before making a decision about

  2  project location or alignment.

  3         (e)1.  Each M.P.O. shall appoint a citizens' advisory

  4  committee, the members of which serve at the pleasure of the

  5  M.P.O. The membership on the citizens' advisory committee must

  6  reflect a broad cross section of local residents with an

  7  interest in the development of an efficient, safe, and

  8  cost-effective transportation system. Minorities, the elderly,

  9  and the handicapped must be adequately represented.

10         2.  Notwithstanding the provisions of subparagraph 1.,

11  an M.P.O. may, with the approval of the department and the

12  applicable federal governmental agency, adopt an alternative

13  program or mechanism to ensure citizen involvement in the

14  transportation planning process.

15         (f)  The department shall allocate to each M.P.O., for

16  the purpose of accomplishing its transportation planning and

17  programming duties, an appropriate amount of federal

18  transportation planning funds.

19         (g)  Each M.P.O. may employ personnel or may enter into

20  contracts with local or state agencies, private planning

21  firms, or private engineering firms to accomplish its

22  transportation planning and programming duties required by

23  state or federal law.

24         (6)  LONG-RANGE PLAN.--Each M.P.O. must develop a

25  long-range transportation plan that addresses at least a

26  20-year planning horizon. The plan must include both

27  long-range and short-range strategies and must comply with all

28  other state and federal requirements. The long-range plan must

29  be consistent, to the maximum extent feasible, with future

30  land use elements and the goals, objectives, and policies of

31  the approved local government comprehensive plans of the units

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  1  of local government located within the jurisdiction of the

  2  M.P.O. The approved long-range plan must be considered by

  3  local governments in the development of the transportation

  4  elements in local government comprehensive plans and any

  5  amendments thereto. The long-range plan must, at a minimum:

  6         (a)  Include goals demonstrating compliance with the

  7  seven planning factors in paragraph (5)(b).

  8         (b)(a)  Identify transportation facilities, including,

  9  but not limited to, major roadways, airports, seaports,

10  commuter rail systems, transit systems, and intermodal or

11  multimodal terminals that will function as an integrated

12  metropolitan transportation system.  The long-range plan must

13  give emphasis to those transportation facilities that serve

14  national, statewide, or regional functions, and must consider

15  the goals and objectives identified in the Florida

16  Transportation Plan as provided in s. 339.155.

17         (c)(b)  Include a financial plan that demonstrates how

18  the plan can be implemented, indicating resources from public

19  and private sources which are reasonably expected to be

20  available to carry out the plan, and recommends innovative

21  financing techniques that may be used to fund needed projects

22  and programs.  Such techniques may include the assessment of

23  tolls, the use of value capture financing, or the use of

24  congestion pricing.

25         (d)(c)  Assess capital investment and other measures

26  necessary to:

27         1.  Ensure the preservation of the existing

28  metropolitan transportation system including requirements for

29  the operation, resurfacing, restoration, and rehabilitation of

30  major roadways and requirements for the operation,

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  1  maintenance, modernization, and rehabilitation of public

  2  transportation facilities; and

  3         2.  Make the most efficient use of existing

  4  transportation facilities to relieve vehicular congestion and

  5  maximize the mobility of people and goods.

  6         (e)(d)  Indicate, as appropriate, proposed

  7  transportation enhancement activities, including, but not

  8  limited to, pedestrian and bicycle facilities, scenic

  9  easements, landscaping, historic preservation, mitigation of

10  water pollution due to highway runoff, and control of outdoor

11  advertising.

12         (f)(e)  In addition to the requirements of paragraphs

13  (a)-(e) (a)-(d), in metropolitan areas that are classified as

14  nonattainment areas for ozone or carbon monoxide, the M.P.O.

15  must coordinate the development of the long-range plan with

16  the State Implementation Plan developed pursuant to the

17  requirements of the federal Clean Air Act.

18

19  In the development of its long-range plan, each M.P.O. must

20  provide affected public agencies, representatives of

21  transportation agency employees, private providers of

22  transportation, other interested parties, and members of the

23  general public with a reasonable opportunity to comment on the

24  long-range plan. The long-range plan must be approved by the

25  M.P.O.

26         Section 4.  Land-Use Transportation Planning

27  Reconciliation Technical Committee.--There is created the

28  Land-Use Transportation Planning Reconciliation Technical

29  Committee to evaluate the roles of local governments, regional

30  planning councils, metropolitan planning organizations, and

31  state agencies in the reconciliation of land-use designations

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  1  and transportation planning. The technical committee shall

  2  evaluate the statutory provisions and agency rules relating to

  3  land-use and transportation coordination and planning issues,

  4  including chapter 339 and part II of chapter 163, and shall

  5  recommend changes to statutes and pertinent agency rules which

  6  will facilitate better coordination between land-use planning

  7  and transportation planning. The technical committee shall

  8  evaluate the effectiveness of, and consider alternatives to,

  9  concurrency on rural intrastate facilities, levels of service

10  methodologies, and land-use impact assessments used to project

11  transportation needs. The technical committee shall consult

12  with the Department of Community Affairs and the Department of

13  Transportation. The technical committee shall consist of 12

14  members, six of whom must be appointed by the Secretary of

15  Community Affairs and six of whom must be appointed by the

16  Secretary of Transportation. One of the Secretary of Community

17  Affairs' appointees must represent local government, one must

18  represent regional planning councils, and one must represent

19  the private sector. One of the Secretary of Transportation's

20  appointees must represent local government, one must represent

21  metropolitan planning organizations, and one must represent

22  the private sector. The Center for Urban Transportation

23  Research shall provide research and technical assistance to

24  the committee. On or before December 1, 1998, an evaluation

25  report must be presented to the Governor, the President of the

26  Senate, and the Speaker of the House of Representatives.

27         Section 5.  Subsections (6) and (7) are added to

28  section 341.053, Florida Statutes, to read:

29         341.053  Intermodal Development Program;

30  administration; eligible projects; limitations.--

31

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  1         (6)  The department shall review funding requests from

  2  two or more seaports as described in s. 311.09(1) or a

  3  combination of two or more of the following: seaports, rail,

  4  airports, or other public transportation authorities. The

  5  department may fund projects that create intermodal transfer

  6  facilities or such intermodal or multimodal transportation

  7  terminals as provided in subsection (5).

  8         (7)  There is created the Strategic Intermodal

  9  Transportation and Economic Development Planning Council

10  within the department to plan for the efficient movement of

11  freight cargo from or between seaports, airports, and other

12  transportation terminals. The council shall develop a strategy

13  to create a comprehensive state system of intermodal

14  connections to maximize opportunities in international trade.

15  The council shall prepare a 5-year strategic intermodal and

16  economic development investment plan for the development and

17  construction of intermodal or multimodal projects of statewide

18  significance as provided in subsection (6). The plan must be

19  cost-feasible and identify public and private funding sources.

20  Such projects must provide for the cost-effective movement of

21  freight cargo flow and a transportation system designed for

22  the most efficient movement of freight traffic on major road

23  arteries. The council shall recommend how local governments

24  can benefit from intermodal projects of statewide significance

25  to develop community-based economic development projects, and

26  how to improve intergovernmental coordination among local,

27  metropolitan, and regional planning agencies to better plan

28  for intermodal economic development projects and the movement

29  of freight. The council shall consist of nine members: the

30  Secretary of Transportation or his or her designee; the

31  Secretary of Community Affairs or his or her designee; two

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  1  members designated by the Governor; a member from Enterprise

  2  Florida designated by the Governor; a member from the Florida

  3  Seaport Transportation and Economic Development Council

  4  appointed by the Governor; a member representing airports

  5  appointed by the Governor; a member representing railroads

  6  appointed by the Governor; and a member representing the

  7  commercial trucking industry appointed by the Governor. The

  8  initial 5-year strategic intermodal investment plan must be

  9  presented to the Legislature by January 15, 2000. Updates must

10  be provided annually thereafter. The department may contract

11  with members of the council to provide for development of

12  appropriate information required to facilitate the planning

13  process.

14         Section 6.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          SENATE SUMMARY

19    Authorizes the Department of Community Affairs to grant
      an extension of the submission period for Evaluation and
20    Appraisal Reports from local governments to coordinate
      planning efforts with Metropolitan Planning
21    Organizations. Provides planning factors to be considered
      in the Florida Transportation Plan and in Metropolitan
22    Planning Organization transportation plans. Provides for
      planning goals. Creates the land-use Transportation
23    Planning Reconciliation Committee and provides for the
      duties and membership of the committee. Creates the
24    Strategic Intermodal Transportation and Economic
      Development Planning Council in the Department of
25    Transportation and provides for membership and duties.

26

27

28

29

30

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