BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 468
                                                                  Page 1

            Date of Hearing:  July 6, 2011

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                     SB 468 (Kehoe) - As Amended:  June 29, 2011

           SENATE VOTE  :  24-15
           
          SUBJECT  :  Department of Transportation:  north coast corridor 
          project:  high-occupancy toll lanes

           SUMMARY  :  Establishes a coordinated effort between the 
          Department of Transportation (Caltrans), the San Diego 
          Association of Governments (SANDAG), and the California Coastal 
          Commission (Commission) in the development of a public works 
          plan for the North Coast Corridor Project (NCCP), which is a 
          27-mile long series of projects within the coastal zone in San 
          Diego County that includes improvements to a segment of I-5 and 
          the Los Angeles-San Diego-San Luis Obispo (LOSSAN) rail 
          corridor.

           EXISTING LAW  :  
           
          1)Requires, pursuant to the California Coastal Act of 1976, a 
            person planning to perform or undertake any development in the 
            coastal zone to obtain a coastal development permit from the 
            Commission or local government enforcing a Local Coastal 
            Program.

          2)Defines "coastal zone" as that land and water area of the 
            State of California extending seaward to the state's outer 
            limit of jurisdiction, including all offshore islands, and 
            extending inland generally 1,000 yards from the mean high tide 
            line of the sea.  In significant coastal estuarine, habitat, 
            and recreational areas the coastal zone extends inland to the 
            first major ridgeline paralleling the sea or five miles from 
            the mean high tide line of the sea, whichever is less, and in 
            developed urban areas the zone generally extends inland less 
            than 1,000 yards. 

          3)Authorizes public works plans to promote greater efficiency 
            for the planning of any public works project as an alternative 
            to project-by-project review for projects in the coastal zone. 
             









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          4)Authorizes SANDAG to conduct, administer, and operate a value 
            pricing and transit development demonstration program on a 
            maximum of two transportation corridors in San Diego County.  
            The program may direct and authorize the entry and use of 
            high-occupancy vehicle lanes by single-occupant vehicles 
            during peak periods for a fee. 

          5)Provides Caltrans with the full possession and control of all 
            state highways and all property and rights in property 
            acquired for state highway purposes. 

           THIS BILL:
             
          1)Requires that the public works plan approved for the NCCP 
            within the coastal zone include all of the applicable elements 
            of the NCCP to be carried out by Caltrans or SANGAD, including 
            coastal access, highway, transit, multimodal transportation, 
            community enhancement, and environmental restoration and 
            mitigation.  

          2)Provides that once the public works plan for the NCCP has been 
            approved and certified by the Commission, subsequent review by 
            the Commission for specific projects will be limited to 
            imposing conditions necessary to ensure consistency with the 
            public works plan.  

          3)Requires that the public works plan include a process for 
            obtaining coastal development permits, identifying specific 
            project elements, and establishing mitigation measures to be 
            undertaken by SANDAG and Caltrans.

          4)Requires Caltrans and SANDAG, for all elements of the NCCP 
            that are in the coastal zone, to comply with all of the 
            following:

             a)   Collaborate with stakeholders to ensure that multimodal 
               transportation (e.g. highways, rail lines, pedestrian 
               walkways and bike lanes, and commuter transit services) are 
               evaluated and included in the public works plan and in the 
               project design.

             b)   Establish safe routes to transit program that integrates 
               the adopted regional bike plan with transit services.

             c)   SANDAG shall recommend that Caltrans adopt an 








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               alternative no larger than the 8+4 Buffer Alternative (i.e. 
               12 highway lanes that include eight free flowing lanes and 
               four multimodal managed lanes) for I-5 improvements.

             d)   Concurrent construction of both rail and highway bridges 
               that cross lagoons.

             e)   Concurrent construction of highway, multimodal, and 
               mitigation projects within each phase of the public works 
               plan.

             f)   Use revenue from the 2004 voter-approved transaction and 
               use tax, commonly referred to as TransNet, to fund 
               improvements on LOSSAN.  

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

          6)Authorizes SANDAG to conduct, administer, and operate a value 
            pricing and transit development program in the I-5 corridor. 

          7)Directs any excess revenue to be used directly in the I-5 
            corridor exclusively for the improvement of transit service 
            and for high-occupancy vehicle facilities.  

          8)Directs SANDAG, the North County Transit District, and 
            Caltrans to cooperatively develop a single transit improvement 
            plan for the I-5 corridor.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The NCCP is a 27-mile long series of projects between 
          the City of San Diego and the City of Oceanside that includes 
          improvements to a segment of I-5 and the LOSSAN rail corridor.  
          The NCCP has been designated as a high priority project pursuant 
          to a September 18, 2002 presidential executive order.  According 
          to the author, the project is estimated to take up to 40 years 
          to complete and cost between $3.4 billion and $4.5 billion.  

          The LOSSAN rail corridor is used for intercity and commuter rail 
          passenger service and for freight service.  This rail corridor 
          is the second most frequently traveled rail segment in the 
          United States.  Approximately 50 trains operate each weekday on 








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          the rail segment between San Diego and Oceanside.  About half 
          the San Diego rail corridor has been double tracked.  Proposed 
          infrastructure improvements include completing double tracking, 
          bridge and track replacements, new platforms, pedestrian 
          undercrossings, and other safety and operational enhancements.

          The segment of I-5 located in the North Coast Corridor 
          experiences recurrent traffic congestion during weekday rush 
          hours and also is heavily traveled on weekends.  The average 
          daily traffic is 261,000 vehicles and is projected to increase 
          to 430,000 daily vehicles by the year 2030.  The corridor 
          currently consists of eight lanes with some segments currently 
          operating high occupancy vehicle lanes.  Caltrans is working 
          with the federal government and SANDAG to develop a plan to 
          accommodate increased capacity within the North Coast Corridor 
          that includes heavy rail, bus rapid transit, bikeways, and other 
          transit options, in addition to freeway expansion, the use of 
          managed lanes, and other highway improvements.

          Coastal development permits issued by the Commission are 
          required for projects within the coastal zone.  Under this bill, 
          the NCCP's public works plan will allow for an integrated 
          regulatory review by the Commission rather than 
          project-by-project approval, providing an expedited process that 
          describes, evaluates, and establishes mitigation for highway, 
          transit, multimodal, community enhancement, and environmental 
          mitigation projects within the North Coast Corridor.  Nothing in 
          the public works plan provisions of this bill is intended to 
          supersede the California Coastal Act of 1976.

          SANDAG and Caltrans are responsible for preparing the public 
          works plan. Once the plan is approved by the Commission, 
          projects will be reviewed for consistency with the plan by the 
          Commission prior to a coastal development permit being issued.

          According to the author, this bill ensures that Caltrans and 
          SANDAG work together to identify, fund, and complete multimodal 
          transit solutions in coordination with constructing managed 
          lanes or other freeway improvements. This ensures that those 
          living and working within the North Coast Corridor will have 
          viable and convenient transit options during the 40-year period 
          that freeway improvements are underway.

           REGISTERED SUPPORT / OPPOSITION  :









                                                                  SB 468
                                                                  Page 5

           Support 
           
          Associated General Contractors
          San Diego Regional Chamber of Commerce
           
            Opposition 
           
          None on file

           Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916) 
          319-2092