BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 468|
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                                 THIRD READING


          Bill No:  SB 468
          Author:   Kehoe (D)
          Amended:  5/31/11
          Vote:     21

           
           SENATE NATURAL RES. AND WATER COMMITTEE  :  5-3, 4/12/11
          AYES:  Pavley, Evans, Kehoe, Padilla, Wolk
          NOES:  La Malfa, Cannella, Fuller
          NO VOTE RECORDED:  Simitian

           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-2, 5/3/11
          AYES:  DeSaulnier, Kehoe, Lowenthal, Pavley, Rubio, 
            Simitian
          NOES:  Gaines, Harman
          NO VOTE RECORDED:  Huff

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/26/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Runner
          NO VOTE RECORDED:  Emmerson


            SUBJECT  :    Department of Transportation:  
                      capacity-increasing state highway projects:  
                      coastal zone

           SOURCE  :     Author


           DIGEST  :    This bill prescribes coordinated duties for the 
          Department of Transportation, the San Diego Association of 
          Governments, and the California Coastal Commission with 
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          respect to a 40-year plan for transportation improvements 
          in the coastal zone in San Diego County known collectively 
          as the north coast corridor project.

           ANALYSIS  :    Existing law:

          1. Provides that the Department of Transportation 
             (Caltrans) has full possession and control of the state 
             highway system. 

          2. Imposes various requirements for the development and 
             implementation of transportation projects.

          3. Authorizes San Diego Association of Governments (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:

          1. Requires Caltrans and SANDAG to prepare a "public works 
             plan" (PWP) for submittal to the California Coastal 
             Commission (CCC).  The PWP is an expedited process that 
             describes, evaluates, and provides mitigation for 
             highway, transit, multimodal and community enhancement 
             projects within the north coast corridor project (NCCP).

          2. Requires Caltrans, SANDAG, and the CCC to work 
             cooperatively toward completing all design approvals, 
             reviews, determinations, and permitting for the NCCP on 
             an expedited basis.

          3. Requires Caltrans and SANDAG to perform all work in 
             conformance with the phasing program specified in the 
             PWP, unless otherwise approved by the CCC.

          4. Requires Caltrans and SANDAG to comply with specified 
             requirements for any elements of the NCCP that are in 
             the coastal zone, including: collaboration with all 
             stakeholders to ensure inclusion of multimodal 
             transportation options; require the "8+4" Buffer 
             Alternative as the preferred alternative for State 
             Highway Route (SR) 5 improvements; require concurrent 

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             construction of rail and highway bridges crossing 
             lagoons; ongoing monitoring of environmental 
             consequences of the projects; and concurrent 
             construction of highway improvements, 
             multimodal projects, and environmental mitigation and 
             enhancement projects in each phase.

          5. Authorizes SANDAG to conduct, administer, and operate 
             HOT lanes on SR 5, and requires all revenues from the 
             HOT lanes to be used for transit improvements and 
             high-occupancy vehicle facilities in the SR 5 corridor.

           Background
           
          Caltrans is responsible for the development, operations, 
          maintenance, and reconstruction of state highways, and it 
          also plans and operates through contracts with Amtrak, 
          California's intercity passenger rail service.  When 
          Caltrans develops capacity increasing projects, it usually 
          carries out this activity in concert with the regional 
          transportation planning agency for the area in which the 
          project is located.

          SANDAG is the regional transportation planning agency for 
          the County of San Diego, a single county planning region.  
          SANDAG is responsible for long-term, multi-modal 
          transportation planning, the prioritization transportation 
          projects, and developing fundable transportation capital 
          outlay program.  SANDAG also oversees the operation of 
          public transportation services in the county. 

          CCC, established by voter initiative in 1972 (Proposition 
          20) and later made permanent when the Legislature adopted 
          the California Coastal Act of 1976,  is a twelve member, 
          independent, quasi-judicial state agency with regulatory 
          responsibility for permitting projects constructed in the 
          coastal zone.  It oversees the implementation of various 
          policies that address issues such as shoreline public 
          access and recreation, lower cost visitor accommodations, 
          terrestrial and marine habitat protection, visual 
          resources, landform alteration, agricultural lands, 
          commercial fisheries, industrial uses, water quality, 
          offshore oil and gas development, transportation 
          investments, development design, power plants, ports, and 

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          public works.  The Coastal Act establishes a band along the 
          state's coastline that varies in width from several hundred 
          feet in urban areas to as much as five miles inland in 
          rural areas of the state, which constitutes the 
          jurisdiction of the commission.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No
          According to the Senate Appropriations Committee:

                         Fiscal Impact (in thousands)

           Major Provisions      2011-12     2012-13     2013-14     Fund  

          Caltrans state operations     Unknown moderate increase 
          in staff            Special*
                              costs associated with prescribed 
                              coordination duties

          Caltrans capital costs        Unknown costs or savings as 
          a result                      Special*
                                of phasing requirements

          Coastal Commission            Likely minor costs related 
          to                  General
                              prescribed duties admin

          * State Highway Account

           SUPPORT  :   (Verified  5/27/11)

          Alliance of Citizens to Improve Oceanside Neighborhoods 
          California Public Interest Research Group 
          City of Del Mar 
          City of Oceanside, Deputy Mayor
          City of Solana Beach
          International Brotherhood of Electrical Workers Local 569 
          San Diego
          Move San Diego
          San Diego County Democratic Party
          Save Our Forest and Ranch Lands
          Sierra Club of California
          Sustainable San Diego
          Torrey Pines Community Planning Board

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           OPPOSITION  :    (Verified  5/27/11)

          American Council of Engineering Companies of California
          Associated Builders and Contractors San Diego
          Chamber of Carlsbad
          City of Carlsbad
          City of Oceanside
          City of San Marcos
          Professional Engineers in California Government
          San Diego Association of Governments 

           ARGUMENTS IN SUPPORT  :    The author introduced this bill in 
          response to the proposed widening of Interstate 5 (I-5) in 
          San Diego County.  This bill applies to the entire coastal 
          zone, but the most significant highway project is the San 
          Diego project.  In November 2010, the Senate Transportation 
          and Housing Committee held an informational hearing on the 
          project, which over 200 people attended, in Solana Beach, a 
          city in the NCCP area.  Caltrans, SANDAG, and the chair of 
          the Air Resources Board participated. 

          In comments to Caltrans on the I-5 draft environmental 
          impact report (DEIR), the author wrote: "Simply proposing 
          to construct wider freeways to get us through the next 40 
          years will not do when the level of service would not be 
          improved to a significant level. The public clearly wants 
          realistic transit options and is committed to reducing 
          greenhouse gas emissions, as evidence by the strong vote in 
          November, 2010, rejecting Proposition 23 that would have 
          suspended implementation of AB 32 in California".

          The initiation and development of highway projects is a 
          joint effort between Caltrans and the local regional 
          transportation planning agency, SANDAG in the case of 
          improvements to I-5 in San Diego.  I-5 is an important 
          interregional and intracounty highway.  Currently, about 
          200,000 vehicles use the highway on a daily basis, and 
          SANDAG forecasts in 2030 that usage will increase to 
          300,000 vehicles, a 50 percent increase.  Caltrans and 
          SANDAG initiated defining various freeway improvement 
          options in late 1997, with Caltrans approving the actual 
          project alternatives in January, 2000.  The environmental 
          analysis of the project alternatives began in 2004.  Today, 

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          the travel time during commute hours from end-to-end of the 
          27 mile corridor is 38 minutes.  If no improvements are 
          made, SANDAG forecasts the travel time to be 70 minutes in 
          2030.  On the other hand, if a fourteen-lane freeway (ten 
          conventional lanes and for managed lanes) is constructed, 
          the travel time will be 37 minutes, while constructing a 
          twelve lane freeway, travel time will increase to 45 
          minutes.  The passenger rail service is expected to offer 
          32 minute service.

           ARGUMENTS IN OPPOSITION  :    SANDAG argues that this bill 
          halts construction of any new highway project in the 
          coastal zone, resulting in the region being unable to 
          accommodate expected growth.  In addition, I-5 is an 
          interregional highway and any constraints placed on its 
          development would serve to limit commerce, especially trade 
          with Mexico.  In addition, I-5 will include managed lanes 
          that are part of the region's strategy to address 
          greenhouse gases and implement SB 375 (Steinberg), Chapter 
          728, Statutes of 2008.  The PWP, which is jointly being 
          developed by Caltrans and SANDAG for the commission review 
          process, is underway and no legislation related to that 
          process is necessary.

          CTW:kc  5/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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