BILL NUMBER: SB 791	CHAPTERED  09/30/08

	CHAPTER  705
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 30, 2008
	PASSED THE ASSEMBLY  AUGUST 27, 2008
	AMENDED IN ASSEMBLY  AUGUST 19, 2008
	AMENDED IN SENATE  JANUARY 7, 2008

INTRODUCED BY   Senator Corbett
   (Coauthor: Assembly Member Torrico)

                        FEBRUARY 23, 2007

   An act to amend Section 14528.5 of, and to add Section 14528.55
to, the Government Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 791, Corbett. State Highway Route 84.
   Existing law authorizes a city or county in which a planned
transportation facility was to be located on a specified portion of
State Highway Route 84 to develop and file with the California
Transportation Commission a local alternative transportation
improvement program that addresses transportation problems and
opportunities, and provides for the use of revenues from the sales of
excess properties acquired for the planned state facility in order
to fund the program, but limits the use of revenues from excess
property sales to state highway purposes. Existing law provides that
the commission may not approve a local alternative transportation
improvement program under these provisions after July 1, 2010.
   This bill would also authorize the use of revenues from sales of
excess properties for projects in the local alternative
transportation improvement program that are also in the local
voter-approved transportation sales tax measure, subject to approval
by the Department of Transportation. The bill would make related
changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14528.5 of the Government Code is amended to
read:
   14528.5.  (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 238 in the City of Hayward and Alameda County,
the city or county in which the planned facilities were to be
located, acting jointly with the transportation planning agency
having jurisdiction over the city or county, may develop and file
with the commission a local alternative transportation improvement
program that addresses transportation problems and opportunities in
the county which were to be served by the planned facilities.
Priorities for funding in the local alternative program shall go to
projects in the local voter-approved transportation sales tax
measure.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve any local
alternative transportation improvement program submitted under this
section after July 1, 2010.
   (c) All proceeds from the sale of the excess properties, less any
reimbursements due to the federal government and all costs incurred
in the sale of those excess properties, shall be allocated by the
commission to fund the approved local alternative transportation
improvement program and shall not be subject to Sections 188 and
188.8 of the Streets and Highways Code. The proceeds shall be used
only for state highway purposes.
   (d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
   (e) This section applies only to State Highway Route 238.
   (f) Section 14528.8 does not apply to projects undertaken pursuant
to this section.
  SEC. 2.  Section 14528.55 is added to the Government Code, to read:

   14528.55.  (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 84 in the Cities of Fremont and Union City, the
cities or the county in which the planned facilities were to be
located, acting jointly with the transportation planning agency
having jurisdiction over the cities or county, may develop and file
with the commission a local alternative transportation improvement
program that addresses transportation problems and opportunities in
the county that were to be served by the planned facilities.
Priorities for funding in the local alternative program shall go to
projects in the local voter-approved transportation sales tax
measure.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve any local
alternative transportation improvement program submitted under this
section after July 1, 2010.
   (c) All proceeds from the sale of the excess properties, less any
reimbursements due to the federal government and all costs incurred
in the sale of those excess properties, shall be allocated by the
commission to fund the approved local alternative transportation
improvement program and shall not be subject to Sections 188 and
188.8 of the Streets and Highways Code. The proceeds shall be used
only for state highway purposes or for projects in the local
alternative transportation improvement program that are also in the
local voter-approved transportation sales tax measure, subject to
approval by the department.
   (d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
   (e) This section only applies to State Highway Route 84.
   (f) Section 14528.8 does not apply to projects undertaken pursuant
to this section.