BILL NUMBER: SB 468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
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 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: 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 specified highway projects 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, and other affected
local, state, and federal agencies to ensure that multimodal
transportation options are evaluated and included in 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: 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)
SECTION 1. The Legislature finds and declares all of
the following:
(1)
(a) 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)
(b) 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)
(c) 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)
(d) 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)
(e) 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)
(f) 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)
(g) 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)
(h) 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)
(i) 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)
(j) 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)
(k) 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)
(l) 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)
(m) 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.
(14)
(n) The transportation sector of the economy is the
largest contributor of greenhouse gases in California. 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), 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, reducing 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)
(o) 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)
(p) 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)
(q) 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)
(r) 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)
(s) 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)
(t) 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
SEC. 2. Section 103 is added to the
Streets and Highways Code , to read:
103. (a) 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)
(b) 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
the San Diego Association of Governments (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)
(c) 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) Collaborate with all stakeholders, including local agencies
through which the proposed project traverses, the California Coastal
Commission, and other affected local, state, and federal agencies to
ensure that multimodal transportation options are evaluated and
included in the project design.
(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.
(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 the department shall
consult with the affected local jurisdictions regarding those impacts
and include the results of the consultations within the public works
plan.
(6) Environmental consequences of the proposed north coast
corridor project shall be monitored to ensure that the benefits from
mitigation, as described in the permits issued for the individual
projects, are being achieved.
(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 has agreed
that it will be responsible for constructing improvements in the Los
Angeles-San Diego-San Luis Obispo rail corridor and funding portions
of the improvements to that corridor and State Highway Route 5 within
the north coast corridor using funding from a San Diego County
voter-approved transaction and use tax ordinance known as TransNet.
Pursuant to that agreement , 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)
(d) 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.
(f)
(e) 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. SEC. 3. 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. SEC. 4. 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.