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,  








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          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.











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