BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 747 (Levine) - State Highway Route 131 relinquishment. Amended: May 28, 2013 Policy Vote: T&H 10-0 Urgency: No Mandate: No Hearing Date: June 24, 2013 Consultant: Mark McKenzie This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 747 would authorize the California Transportation Commission (CTC) to relinquish a specified segment of State Highway Route (SR) 131 to the Town of Tiburon. Fiscal Impact: Unknown one-time costs ranging from minor up to $1 million to the Department of Transportation (Caltrans) prior to the relinquishment of the designated segment of SR 131 to Tiburon (State Highway Account). These costs would be offset in future years due to avoided maintenance costs on the relinquished segment. Background: The Legislature has provided statutory authorization to CTC to relinquish a number of state highway segments to local jurisdictions under specified conditions. Relinquishment provides the recipient agency with greater control over local transportation projects and relieves Caltrans of any further responsibility to improve, maintain, or repair infrastructure related to the relinquished segment of state highway. Generally, relinquishments are subject to terms and conditions of agreements between Caltrans and a local jurisdiction seeking control of a local highway segment. CTC must determine that the agreement for relinquishment, which typically involves a one-time payment of State Highway Account funds to the local entity, is in the best interests of the state. Historically, Caltrans has annually set aside $12 million of State Highway Operations and Protection Plan (SHOPP) funding for rehabilitation necessary for highway relinquishments. For the 2013-14 fiscal year, however, Caltrans does not have funding available to rehabilitate relinquished highways. Proposed Law: AB 747 would authorize CTC, upon a determination that the terms and conditions are in the state's best interest, AB 747 (Levine) Page 1 to relinquish to the Town of Tiburon the portion of SR 131 east of the intersection with Lyford Drive within the town limits. The relinquished segment would cease to be a part of the state highway system, and would be ineligible for future adoption as a state highway. Staff Comments: Relinquishment of this segment would allow Tiburon to assume direct control of the roadway and pursue any improvements and enhancements without the constraints of Caltrans' state highway design standards, encroachment permit processes, and other state requirements. Caltrans usually provides State Highway Account funding to a local entity that is assuming control over state highway segments in order to bring the roadway up to a "state of good repair," although there is no statutory obligation to do so. The actual amounts vary for each relinquished highway segment and are determined by a negotiation of terms and conditions between Caltrans and the local jurisdiction, but those costs are based upon a cost-benefit analysis covering a ten-year period, which is included in a Project Scope Summary Report prepared for legislative relinquishments. Caltrans does not currently have a specific cost estimate for the relinquishment of this segment, but based on other relinquishments, one-time costs may range from minimal up to $1 million per centerline mile of roadway depending on numerous factors such as roadway condition, projected maintenance costs, and any planned capital projects. The segment of SR 131 specified in the bill is approximately 1 mile long, so initial costs could be minimal but may be as high as $1 million. The relinquishment of these segments would relieve Caltrans of any future maintenance and repair costs, resulting in unknown long-term annual savings. Actual costs and savings would be more certain if legislation to authorize relinquishment followed, rather than preceded, the completion of the cost-benefit analysis and an agreement between Caltrans and the Town of Tiburon. However, Caltrans does not typically conduct the analysis and enter into negotiations until legislative authority for relinquishment has been provided. AB 747 (Levine) Page 2