BILL NUMBER: SB 468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Senator Kehoe
FEBRUARY 17, 2011
An act to add Section 103 Sections 103 and
149.10 to the Streets and Highways Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, as amended, Kehoe. Department of Transportation:
capacity-increasing state highway projects: coastal zone.
north coast corridor project: high-occupancy toll lanes.
Existing law provides that the Department of Transportation has
full possession and control of the state highway system. Existing law
imposes various requirements for the development and implementation
of transportation projects.
This bill would impose additional requirements on the department
with respect to proposed capacity-increasing state
specified highway projects that would widen the
existing paved highway on State Highway Route 5 in
southern California, known collectively as the north coast corridor
project, that are located entirely or partially in the coastal
zone, including requiring the department to collaborate with local
agencies, the California Coastal Commission, countywide or
regional transportation planning agencies, and other
affected local, state, and federal agencies to ensure that multimodal
transportation options are evaluated and included in
project design. the public works plan for the
projects. The bill would make these requirements applicable to the
San Diego Association of Governments (SANDAG) and would also require
SANDAG, for these projects, to establish a safe routes to transit
program that integrates the adopted regional bike plan with transit
services and, pursuant to SANDAG's agreement, as specified, to commit
to dedicate for regional habitat acquisition, management, and
monitoring activities a portion of specified taxes approved by
the voters in San Diego County. The bill would, for these
projects, require the department to suspend a notice of determination
relating to environmental impact, issued between January 1, 2011,
and January 1, 2012, until it is determined that environmental
documents for the projects satisfy the requirements of the bill. The
bill would also make legislative findings and declarations.
Existing law authorizes SANDAG to conduct, administer, and
operate a value pricing high-occupancy toll (HOT) lane program on 2
corridors included in the high-occupancy vehicle lane system in San
Diego County.
This bill would also authorize SANDAG to conduct, administer, and
operate a value pricing HOT lane on State Highway Route 5. The bill
would require SANDAG to carry out the HOT lane program in cooperation
with the department and would require revenues from the program to
be used for the costs of the program, for improvement of transit
services, and for high-occupancy vehicle facilities.
By imposing additional requirements on SANDAG, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 103 is added to the Streets and Highways Code,
to read:
103. (a) The Legislature finds and declares all of the following:
(1) The California coastal zone is a unique natural resource, the
protection of which is recognized as a shared responsibility of the
state, local governments, and regional entities. State, local, and
regional agencies desiring to make investments in transportation
infrastructure within the coastal zone have an affirmative obligation
to ensure that investments do not compromise or diminish existing
natural resources, including the coastal zone flora and fauna, water
quality, and unique views.
(2) The coastal zone is also a unique economic resource with both
its natural and built environment being a destination for
individuals, families, and groups to enjoy the diversity of
recreational opportunities.
(3) Contributing to these ends, the California Coastal Act of 1976
establishes policies for the protection and enhancement of resources
in the coastal zone as a priority of statewide importance.
(4) Transportation investments to be made in the coastal zone
should not erode the very qualities that make it an attractive
setting in which to live, work, and recreate.
(5) The California Coastal Act of 1976 is intended to protect,
maintain, and, where feasible, enhance and restore the overall
quality of the coastal zone environment and its natural and
artificial resources; ensure orderly, balanced utilization and
conservation of coastal zone resources taking into account the social
and economic needs of the people of the state; maximize public
access to and along the coast; and encourage state and local
initiatives and cooperation in preparing procedures to implement
coordinated planning and development for mutually beneficial uses in
the coastal zone.
(6) In accordance with the California Coastal Act of 1976, future
developments that are carefully planned and developed are essential
to the economic and social well-being of the people of this state and
especially to working persons employed within the coastal zone.
(7) The north coast corridor project is a 27-mile long series of
projects within the coastal zone that includes improvements to a
segment of State Highway Route 5, and the Los Angeles-San Diego-San
Luis Obispo (LOSSAN) rail corridor, and is projected to take up to 40
years to complete. The north coast corridor portion of the LOSSAN
rail corridor operates between the City of Oceanside and the City of
San Diego in San Diego County, with stations along its route. The
LOSSAN rail corridor is used for intercity and commuter rail
passenger service and for freight service and includes the coastal
rail trail. Where applicable, all references to the north coast
corridor project in this section are also a reference to the
individual projects making up the entire north coast corridor
project.
(8) The department and the Federal Highway Administration are
responsible for developing an environmental document and constructing
improvements to State Highway Route 5, and the department and the
Federal Railroad Administration have prepared a programmatic
environmental document for the LOSSAN corridor.
(9) The San Diego Association of Governments (SANDAG) has agreed
that it will be responsible for constructing improvements in the
LOSSAN corridor and funding portions of the improvements to the
LOSSAN corridor and State Highway Route 5 within the north coast
corridor using funding from a San Diego County voter-approved
transactions and use tax ordinance known as TransNet (Proposition A,
2004). TransNet provides SANDAG with economic benefits funding for
use on regional environmental projects such as those needed in the
north coast corridor.
(10) The coastal lagoons in the north coast corridor have
historically experienced adverse impacts to water quality and to the
numerous and varied sensitive habitat areas, and to plant and
wildlife species supported within and adjacent to the lagoons.
Historical alteration of lagoon areas from construction of highway
and rail crossings and realignment or channelization of inland
waterways have affected water quality and directly impacted sensitive
habitat areas. These impacts have occurred over decades and require
substantial resources and major restoration efforts to remedy.
(11) Revenue from single-occupant-vehicle users of a managed lanes
system on State Highway Route 5 in the north coast corridor could
provide millions of dollars annually toward the support of transit
services and transportation improvements in the corridor.
(12) Reduced congestion in the north coast corridor would result
in less exhaust emissions per vehicle. Managed lanes and anticipated
congestion reduction on corridor general purpose lanes would help
reduce emissions per traveler and per trip in the north coast
corridor. The most recent air quality determinations for the San
Diego region air basin demonstrate that there is an urgency in
providing transportation options that will relieve health impacts,
reduce existing congestion on State Highway Route 5, and provide
enhanced transit services including nonmotorized options in the north
coast corridor.
(13) The ability to manage the use and vehicle composition of
managed lanes in the north coast corridor would provide flexibility
for changing the way the lanes on State Highway Route 5 are used in
the future. Changes to the use of managed lanes could address
changing technology, land use, travel patterns, travel demand,
economic conditions, and other travel characteristics, and allow for
higher vehicle occupancy, greater use of transit, or creation of a
truck route during certain times of day.
(5)
(14) The transportation sector of the economy is the
largest contributor of greenhouse gases in California. To
meet Activities that would assist the San Diego region
in meeting the reduction goals for greenhouse gas emissions
described in Assembly Bill 32 (Ch. 488, Stats. 2006) and the
objectives of Senate Bill 375 (Ch. 728, Stats. 2008),
several activities are necessary, including the reduction of vehicle
miles traveled and integrating transportation and land use to achieve
high levels of nonmotorized travel and transit use, shorter average
trip length, and advanced accessibility, social equity, and
environmental justice. It is the intent of the Legislature to
mitigate conflicts relative to regional mobility investments and
require construction of mobility investments to demonstrate a
reduction in total vehicle miles traveled, a reduction in congestion,
improvement in the safety of the traveling public, improvement of
air quality, the minimizing of impacts to the environment, the
offering of multimodal options, and the support of jobs and housing
balance within an identified transportation corridor.
(b) For proposed
capacity-increasing projects on the state highway system that would
widen the existing paved highway and include the
reduction of vehicle miles traveled and integrating transportation
and land use to achieve high levels of nonmotorized travel and
transit use, achieving regional housing needs, including identified
affordable housing needs, reducin g the length of
commutes, locating housing in closer proximity to job centers, and
other required or regionally recognized strategies that address the
relationships between land use, transportation, economic
considerations, air quality, and climate policy. It is the intent of
the Legislature that transportation infrastructure decisions
regarding the north coast corridor project achieve a coordinated and
balanced transportation system that considers both the short-term and
long-term future, and be consistent with the countywide goals and
objectives in the adopted Sustainable Communities Strategy for San
Diego County and the greenhouse gas reduction targets established by
the State Air Resources Board for San Diego, consistent with Senate
Bill 375 (Ch. 728, Stats. 2008), as well as other
regional, statewide and national transportation and environmental
quality goals.
(15) The north coast corridor is a major economic corridor
carrying about one-third of all freight in the San Diego region. The
total value of goods transported on the north coast corridor via rail
and State Highway Route 5 is estimated at eighty-nine billion
dollars ($89,000,000,000), and increased congestion in the north
coast corridor will cause a detrimental constraint on commerce and
the economy.
(16) Construction on the north coast corridor project is expected
to provide thousands of jobs within the state, as well as increased
recreation and goods movement revenue.
(17) Implementation of the objectives of the north coast corridor
project is critical to the environment, economy, and welfare of the
people in the San Diego region and throughout the state.
(18) Pursuant to Executive Order 13274, signed by President George
W. Bush on September 18, 2002, the portion of State Highway Route 5
in the north coast corridor has been designated by the Secretary of
Transportation as a high-priority transportation infrastructure
project entitled to expedited federal environmental reviews.
(19) The north coast corridor project and its Public Works Plan
will meet the public needs of an area greater than that included in
any local permitting agency's certified local coastal program and the
breadth of those needs was not anticipated by the department and
SANDAG when the local coastal programs were certified by the
California Coastal Commission.
(20) The Legislature desires to address a balance of social,
economic, and environmental interests by providing for the ability of
the north coast corridor project to proceed if the project complies
with the California Coastal Act of 1976 along with the further
specifications in this section.
(b) As used in this section, the following terms have the
following meanings:
(1) "Multimodal" means transportation options within a
transportation corridor, including, but not limited to, highways,
rail lines, pedestrian walkways and bike lanes, and commuter transit
services.
(2) "8+4 Buffer Alternative" means the addition of a multimodal
managed lane facility consisting of two lanes on either side of State
Highway Route 5 within the north coast corridor, separated from
general purpose lanes by striping, and which, to the maximum extent
feasible, is built within existing rights-of-way owned by the
department. The managed lanes would give priority to high-occupancy
vehicles, vanpools, and one or more bus rapid transit routes. Value
pricing techniques would allow single-occupant vehicles to use the
facility by paying a toll, as long as single-occupant vehicle use
does not negatively impact the transit uses of the managed lanes.
(3) "Public works plan" means a plan as described in Section 30605
of the Public Resources Code. A public works plan allows for an
integrated regulatory review by the California Coastal Commission
rather than a project-by-project approval approach, but does not
change or abridge any of the California Coastal Commission's existing
authorities, including, but not limited to, federal consistency
review authorities under the Coastal Zone Management Act of 1972. The
public works plan is an expedited process that describes, evaluates,
and provides mitigation for highway, transit, multimodal and
community enhancement, and environmental mitigation projects within
the north coast corridor.
(c) A public works plan issued for the north coast corridor
project shall cover elements of the north coast corridor project to
be carried out by the department or SANDAG, including coastal access,
highway, transit, community enhancement, and environmental
restoration, and mitigation projects. Once the public works plan for
the north coast corridor has been approved and certified by the
California Coastal Commission, the projects in each phase shall be
subject to a review for consistency with the public works plan by the
California Coastal Commission prior to issuance of a permit or other
determination, unless a project is inconsistent with the project
description in the public works plan. The public works plan shall
satisfy all of the following:
(1) Identify the California Coastal Commission's area of original
jurisdiction and provide a process for obtaining coastal development
permits from the California Coastal Commission directly in those
areas.
(2) Contain, but not be limited to, the following elements: the
type, size, intensity, and location of all development included in
the north coast corridor project; the maximum and minimum size of
facilities proposed to be constructed; the standards to which the
projects should conform; the thresholds for when amendments to the
public works plan may be required; and a proposed timetable and
phasing program for all projects.
(3) Establish the mitigation measures that the department and
SANDAG will be required to undertake prior to construction of each
phase. The mitigation measures shall be described with sufficient
detail to allow the department and SANDAG to accurately estimate the
cost and effort associated with each particular measure and avoid the
need for an amendment to the public works plan unless a project is
inconsistent with the project description in the current public works
plan.
(d) For all elements of the north coast
corridor project that are located, entirely or in part, in the
coastal zone, as defined by Sections 30103 and 66610 of the Public
Resources Code, the department and SANDAG shall comply
with all of the following requirements:
(1) (A) Collaborate with all
stakeholders, including local agencies through which the proposed
project traverses, the California Coastal Commission, the
countywide or regional transportation planning agency, and
other affected local, state, and federal agencies to ensure that
multimodal transportation options are evaluated and included in the
project design.
(B) "Multimodal" means other transportation options that are part
of the project design, including, but not limited to, double
tracking of existing rail, pedestrian walkways and bike lanes,
extension of existing commuter transit services, and increased
frequency of public transit services.
(2) Other proposed state highway projects or proposed local street
and road projects that are parallel to the proposed project shall be
included in the environmental analysis required for the proposed
project.
(3) Construction of all or a portion of the capacity-increasing
project shall move forward concurrently with multimodal transit
projects.
(2) SANDAG shall establish a safe routes to transit program that
integrates the adopted regional bike plan with transit services.
(3) SANDAG shall recommend that the department select the 8+4
Buffer Alternative as the preferred alternative for the State Highway
Route 5 North Coast Corridor after it makes a finding that it is
consistent with TransNet as approved by voters in 2004. The
determination of the preferred alternative shall be made by the
department and the Federal Highway Administration in their
environmental impact report or environmental impact statement, and
SANDAG shall include the preferred alternative in its next update to
the regional transportation plan.
(4) In order to reduce environmental impacts to the coastal
lagoons, both rail and highway bridges crossing each lagoon shall be
constructed concurrently and the bridge projects for both highway and
rail shall be included in the public works plan in accordance with
all necessary permits and reviews. SANDAG and the department shall
ensure that bridges are constructed to their ultimate width and
length so that construction impacts to each lagoon are minimized.
(4) The environmental impact report
(5) The public works plan shall
evaluate the traffic impacts of the proposed capacity-increasing
highway project on city and county streets and roads within the
coastal zone, and provide for mitigation of those impacts.
the department shall consult with the affected local
jurisdictions regarding those impacts and include the results of the
consultations within the public works plan.
(5)
(6) Environmental consequences of any proposed
highway expansion the proposed north coast corridor
project shall be monitored to ensure that the benefits from
mitigation, as described in the project's environmental
documents permits issued for the individual projects
, are being achieved.
(6) Prior to a public works plan being adopted by a local transit
agency, the department shall provide at least one public hearing for
every 20 miles of project length, or portion thereof, included in the
project design.
(7) Construction of all or a portion of the capacity-increasing
project on State Highway Route 5 shall move forward concurrently with
multimodal projects and environmental mitigation and enhancement
projects within each phase, as specified in the public works plan.
The phasing plan shall include criteria specified by the California
Coastal Commission within the public works plan that shall be met
before the next phase of development can occur, and each phase shall
include a balance of transit and highway improvements. Although the
department and SANDAG shall endeavor to maintain a balance of
transit, rail, highway, and environmental improvements in each phase,
nothing in this section is intended to limit the ability of the
California Coastal Commission, the department, or SANDAG to
accelerate a project from a later phase in the public works plan if
additional funding is identified to carry out the project at an
earlier stage than originally intended.
(8) Prior to a public works plan being submitted to the California
Coastal Commission by the department and SANDAG, the department and
SANDAG shall provide at least two public hearings on the public works
plan for the north coast corridor project.
(9) Pursuant to the agreement of SANDAG specified in paragraph (9)
of subdivision (a), SANDAG shall commit to dedicate a portion of the
TransNet Regional Habitat Conservation Fund for regional habitat
acquisition, management, and monitoring activities necessary to
implement habitat conservation plans based on the estimated economic
benefits derived from permitting and approval efficiencies on the
north coast corridor project as a result of the procedures of this
section, after all necessary permits are obtained for the north coast
corridor project, including the coastal development permit, and
after the California Coastal Commission has approved the public works
plan and made all federal consistency determinations.
(e) The California Coastal Commission, the department, and SANDAG
shall work cooperatively toward completing all design approvals,
reviews, determinations, and permitting for the north coast corridor
project on an expedited basis. To meet the goals in this section, the
following provisions shall apply:
(1) The Legislature finds that it is the California Coastal
Commission's role to apply a regional or statewide perspective to
land use debates where the use in question is of greater than local
significance. Pursuant to Section 30515 of the Public Resources Code,
the California Coastal Commission is permitted to directly review
and approve proposed or necessary amendments to a local coastal
program. SANDAG and the department are authorized to submit a public
works plan and request that the California Coastal Commission
exercise its authority to amend any portion of a local jurisdiction's
local coastal program that is affected by the north coast corridor
project. In the interest of efficiency and reduction of expenses for
local agencies with a certified local coastal program, the
department, SANDAG, and the California Coastal Commission are
authorized to utilize Section 30515 of the Public Resources Code for
the north coast corridor project.
(2) The department and SANDAG shall perform work and complete
development in conformance with the phasing program adopted in the
public works plan unless changes are reviewed and approved by the
California Coastal Commission.
(3) A public works plan prepared for the north coast corridor
project by the department and SANDAG shall be treated as a long-range
development plan to which the provisions in Sections 21080.5 and
21080.9 of the Public Resources Code shall apply.
(4) A permitting agency's decision to review and approve a public
works plan, a plan amendment, or related notice of impending
development, make a consistency determination, or issue a permit for
the north coast corridor project shall be reviewed under the
substantial evidence standard.
(c)
(f) A notice of determination issued pursuant to
Section 21108 or 21152 of the Public Resources Code after January 1,
2011, but prior to January 1, 2012, for a project subject to this
section shall be suspended by the department until it is determined
that the project's environmental documents are consistent with the
provisions of this section.
SEC. 2. Section 149.10 is added to the
Streets and Highways Code , to read:
149.10. (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the San Diego Association of
Governments (SANDAG) may conduct, administer, and operate a value
pricing and transit development program on the State Highway Route 5
in managed lanes serving as a high-occupancy vehicle expressway. The
program, under the circumstances described in subdivision (b), may
direct and authorize the entry and use of the State Highway Route 5
high-occupancy vehicle lanes by single-occupant vehicles during peak
periods, as defined by SANDAG, for a fee. The amount of the fee shall
be established from time to time by SANDAG, and collected in a
manner determined by SANDAG.
(b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and SANDAG
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department and
SANDAG shall evaluate the impacts of these levels of service of the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and SANDAG. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
(c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the State Highway Route 5
high-occupancy vehicle lanes are exempt from Section 21655.5 of the
Vehicle Code, and the driver shall not be in violation of the Vehicle
Code because of that entry and use.
(d) SANDAG shall carry out the program in cooperation with the
department and shall consult the department in the operation of the
project and on matters related to highway design and construction.
With the assistance of the department, SANDAG shall establish
appropriate traffic flow guidelines for the purpose of ensuring
optimal use of the express
lanes by high-occupancy vehicles.
(e) (1) Agreements between SANDAG, the department, and the
Department of the California Highway Patrol shall identify the
respective obligations and liabilities of those entities and assign
them responsibilities relating to the program. The agreements entered
into pursuant to this section shall be consistent with agreements
between the department and the United States Department of
Transportation relating to this program and shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes. The agreements shall provide for
reimbursement of state agencies, from revenues generated by the
program, federal funds specifically allocated to SANDAG for the
program by the federal government, or other funding sources that are
not otherwise available to state agencies for transportation-related
projects, for costs incurred in connection with the implementation or
operation of the program. Reimbursement for SANDAG's program-related
planning and administrative costs in the operation of the program
shall not exceed 3 percent of the revenues.
(2) All remaining revenue shall be used in the State Highway Route
5 corridor exclusively for (A) the improvement of transit service,
including, but not limited to, construction of transit facilities and
support for transit operations, and (B) high-occupancy vehicle
facilities.
(f) SANDAG, the North County Transit District, and the department
shall cooperatively develop a single transit improvement plan for the
State Highway Route 5 corridor.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.