BILL ANALYSIS Ó
SB 204
Page 1
SENATE THIRD READING
SB 204 (Liu)
As Amended August 24, 2012
Majority vote
SENATE VOTE :Vote not relevant
TRANSPORTATION 12-0 LOCAL GOVERNMENT 7-1
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|Ayes:|Bonnie Lowenthal, |Ayes:|Smyth, Alejo, Campos, |
| |Jeffries, Achadjian, | |Davis, Gordon, Hueso, |
| |Blumenfield, Bonilla, | |Knight |
| |Buchanan, Eng, Galgiani, | | |
| |Wagner, Norby, | | |
| |Portantino, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Norby |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Gatto, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Fuentes, Hall, Hill, | | |
| |Cedillo, Mitchell, | | |
| |Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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SUMMARY : Provides for a local alternative transportation
improvement program (LATIP) for the State Route (SR) 710 study
area in Los Angeles County. Specifically, this bill :
1)Authorizes the Los Angeles County Metropolitan Transportation
Authority (Metro), in consultation with the California
Department of Transportation (Caltrans) and acting jointly
with affected cities, to develop and file with the California
Transportation Commission (CTC) a LATIP to address
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transportation problems and opportunities in the SR 710 study
area.
2)Grants CTC the final authority regarding content and approval
of the LATIP, so long as the content and approval are
consistent with the CTC's earlier processes related to LATIPs
for SR 84 and SR 238; requires the approval to include a
finding by the CTC that the plan includes feasible funding,
plans, and capacity to develop and implement the LATIP and the
associated relocation assistance requirements.
3)Directs CTC and Caltrans to declare as excess any properties
purchased for the construction of the SR 710 extension in
Pasadena, South Pasadena, Alhambra, and the City of Los
Angeles once a surface freeway alternative is eliminated or
once the draft environmental report and selection by Caltrans
of the locally preferred alternative for the project has been
completed, whichever occurs first. Caltrans is then to
proceed expeditiously to release the excess properties for
sale.
4)Provides that tenants of nonresidential properties are to be
offered first right of refusal to purchase at fair market
value the property they rent, lease, or otherwise legally
occupy.
5)Directs the proceeds from the sale of excess properties, as
defined, in the SR 710 study area, less specified costs, to be
allocated by CTC to fund the approved LATIP, provided that at
least 25% of the proceeds are used to construct soundwalls
along SR 210. These proceeds are exempt from formulae that
generally govern the distribution of capital improvement
dollars for transportation, such as the north/south split and
county shares.
6)Restricts the use of these proceeds for projects included in
the LATIP and for associated relocation assistance.
7)Prohibits the proceeds from the sale of excess properties from
being used to advance a tunnel alternative for SR 710.
8)Defines the "SR 710 study area" to mean the portion of Los
Angeles County that is identified in the scoping process for
the SR 710 north gap closure project environmental assessment.
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9)Provides that funds in the account are available to Metro for
project designated in the LATIP, as approved by the California
Transportation Commission (CTC).
10)Authorizes Metro, with the concurrence of the CTC and
Caltrans, to advance a project in the LATIP using its own
funds, prior to the availability of funds from the sale of
surplus property subject to terms and conditions that are
mutually agreeable to the CTC, Caltrans, Metro, and the cities
with which the LATIP was developed.
11)Sets forth required elements of the LATIP, to include
programs to provide relocation assistance and replacement
housing for persons affected by implementation of the LATIP.
EXISTING LAW:
1)Grants local authorities, acting jointly with transportation
planning agencies, authority to develop and file LATIPs with
the CTC to address transportation problems that were to be
served by construction of freeways on SR 84 and SR 238.
2)Dictates that priority for funding in the LATIPs is to go to
projects in the local voter-approved transportation tax
measure.
3)Grants CTC final authority over the content and approval of
LATIPs for SR 84 and SR 238 and prohibits it from approving
any such program submitted after January 1, 2010.
4)Directs the proceeds from the sale of excess properties, less
specified costs, to be allocated by CTC to fund the approved
LATIP. These proceeds are exempt from formulae (such as the
north/south split and county shares) that generally govern the
distribution of capital improvement dollars for
transportation. These proceeds are restricted, however, for
state highway purposes, or, in the case of SR 84, for projects
that are in the LATIP and in the local voter-approved
transportation sales tax measure.
5)Provides for the expansion or deletion of the state highway
system through a process whereby CTC makes a finding that it
is in the best interest of the state to include or delete a
specified portion of roadway to the system.
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6)Provides for the relinquishment of a portion of state highway
to a city or county under an agreement between the local
jurisdiction and the Caltrans when an act of the Legislature
has deleted the portion of highway from the state highway
system.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, Caltrans owns 587 homes within the 710 corridor. The
number of these homes to be declared surplus, and the resulting
state revenues from sale of these properties, will depend on the
type of project selected to replace the long-planned project for
which these homes were originally purchased by the state.
COMMENTS : SR 710 is a major north-south interstate freeway
running 23 miles through Los Angeles County. The freeway runs
from Long Beach to Alhambra, stopping short of the originally
planned terminus in Pasadena. Construction of the segment
between Alhambra and Pasadena, through South Pasadena, has been
delayed for decades due to community opposition. The freeway
gap is seen by many as a source of significant traffic
congestion in northeastern Los Angeles and the northwestern San
Gabriel Valley as there are no north-south freeways in this
area.
Over the past forty years, alternative concepts have been
proposed and evaluated to complete the SR 710 freeway and close
the 4.5 mile gap in the corridor. To date, none of the
previously proposed and evaluated alternatives have been
successful in satisfying the regional mobility needs and
community/environmental concerns. The previous alternatives
considered would traverse highly developed urbanized
neighborhoods and require substantial amounts of right-of-way
along the alignments.
Many members of the community were concerned with the impact of
these right-of-way intensive, surface alternatives and,
consequently, opposed the extension of the SR 710. In response
to this reaction and to lessen the potential impact of
completing the SR 710, a tunnel concept was proposed for
assessment as a potential option to the surface alternatives.
Metro has completed the feasibility assessment of a tunnel
alternative to extend the SR 710 from its current terminus at
Valley Boulevard in the City of Los Angeles to Interstate 210 in
the City of Pasadena. Generally, the study concluded that the
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tunnel concept is feasible. Although potential environmental
impacts were identified, preliminary assessments concluded that
these impacts could be minimized, eliminated, or mitigated. The
report concluded that no insurmountable environmental issues
were identified that would preclude further consideration of the
tunnel alternative. Metro is currently in the midst of an
environmental review of the SR 710 study area. Also under study
is consideration of funding construction and maintenance of the
project via a public-private partnership agreement.
In many ways, this bill is similar to provisions previously
enacted that directed the proceeds from the sale of excess homes
to locally selected alternative transportation programs in both
the Hayward SR 238 bypass corridor and in the SR 84 corridor
(between SR 238 and Interstate 880). Similar to the SR 710
freeway gap closure project, Caltrans began acquiring properties
in these corridors decades ago and, like the SR 710 freeway gap
closure project, the projects faced community opposition and
subsequently stalled for years. Communities along these
corridors have endured years of uncertainty, less-than-exemplary
management of Caltrans-owned properties, and reduced tax rolls
from these long-stalled projects. Like SR 84 and 238, exempting
the SR 710 freeway gap corridor from existing requirements to
return the proceeds of excess properties to the State Highway
Account for eventual distribution elsewhere is warranted given
these unique circumstances.
It is important to note that this bill does not pre-determine
the results of the pending environmental study. Its provisions
directing proceeds from the sale of excess property to fund the
LATIP will apply regardless of the outcome of whatever studies
are completed. Furthermore, this bill does not affect the
process and procedures governing the sale of excess properties.
Prior legislation: AB 1836 (Hayashi), Chapter 291, Statutes of
2009, directed the proceeds from the sale of excess properties
in the SR 84 and SR 238 corridors to a special fund to be used
to implement LATIPs in the corridors.
AB 1462 (Torrico), Chapter 619, Statutes of 2005, authorized
designated local agencies in Alameda County to follow an
existing process to develop and file a LATIP with the CTC as a
means of resolving a local transportation dispute surrounding
proposed improvements on SR 84.
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SB 509 (Figueroa), Chapter 611, Statutes of 2004, reinstated the
opportunity for a LATIP to be developed for the SR 238 corridor.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0005501