BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 204
Author: Liu (D), et al.
Amended: 8/24/12
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/30/12
(pursuant to Senate Rule 29.10)
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : Not available
SUBJECT : Local alternative transportation improvement
program
SOURCE : Author
DIGEST : This bill provides for a local alternative
transportation improvement program (LATIP) for the State
Route (SR) 710 study area in Los Angeles County.
Assembly Amendments dealt the Senate version of the bill,
which dealt with K-12 education governance, and instead add
the current language.
ANALYSIS :
Existing law :
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1. Grants local authorities, acting jointly with
transportation planning agencies, authority to develop
and file LATIPs with the California Transportation
Commission (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.
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 Department of
Transportation Department (Caltrans) when an act of the
Legislature has deleted the portion of highway from the
state highway system.
This bill:
1. Authorizes the Los Angeles County Metropolitan
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Transportation Authority (Metro), in consultation with
Caltrans and acting jointly with affected cities, to
develop and file with the CTC a LATIP to address
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.
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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.
9. Provides that funds in the account are available to
Metro for project designated in the LATIP, as approved
by the 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.
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
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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 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
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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, directs
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,
authorizes 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.
SB 509 (Figueroa), Chapter 611, Statutes of 2004,
reinstates the opportunity for a LATIP to be developed for
the SR 238 corridor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Loss of funds to the State Highway Account, potentially
over $200 million, that would otherwise be available for
projects on the state highway system, including for the
SR 710 tunnel alternative, absent this bill. This bill
instead requires all proceeds from the sale of excess
properties to be used for soundwalls on SR 210,
replacement housing and relocation assistance, and local
transportation projects in the LATIP.
Unknown administrative costs to CTC to approve the LATIP
and make findings that the plan includes feasible
funding, plans, and capacity to meet the requirements of
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the bill, including the provisions for housing relocation
assistance and replacement housing units, for which CTC
does not have current in-house expertise.
Potential risks to federal funds for the SR 710 Gap
Closure Project by providing relocation assistance to
current tenants that are expressly ineligible under
federal law.
SUPPORT : (Verified 8/29/12)
Arroyo Verdugo Cities Steering Committee
City of Alhambra
City of Pasadena
City of South Pasadena
OPPOSITION : (Verified 8/29/12)
City of La Canada Flintridge
JJA:d 8/31/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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