BILL ANALYSIS Ó SB 169 Page 1 Date of Hearing: July 1, 2013 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 169 (Emmerson) - As Introduced: February 4, 2013 SENATE VOTE : 35-0 SUBJECT : State highways: scenic highways SUMMARY : Removes a 1.12-mile segment on Interstate 10 in Riverside County from eligibility from the state scenic highway system. EXISTING LAW: 1)Establishes the State Scenic Highway Program and requires the California Department of Transportation (Caltrans) to administer the program. 2)Designates portions of the state's highway system as eligible, with specific segments to be approved by Caltrans as an official scenic highway upon completion of specific criteria. 3)Authorizes Caltrans to revoke designation of a scenic highway if specific standards are not maintained, such as regulating land use and controlling outdoor advertising. FISCAL EFFECT : Unknown COMMENTS : The Legislature established the State Scenic Highway Program in 1963 under Caltrans' purview and required that a "Master Plan" be adopted that lists highways that are eligible for scenic designation. The highways deemed eligible are currently in statute and were selected by Caltrans based upon five factors: (1) intrinsic scenic value and experiences that the route would provide; (2) the diversity of experience, such as the transition between different landscape regions or climatic areas that travel on the route would furnish; (3) the degree to which the route would link specific scenic, historical, and recreational points or areas of interest; (4) the relationship of these routes to urban areas, taking into account the opportunities for weekend and one-day sightseeing trips by large numbers of people; and, (5) the opportunities for SB 169 Page 2 bypassing, or leaving periodically, major trans-state or inter-regional routes. The purpose of the Scenic Highway Program is to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. Upon receiving designation, program benefits include: protecting the scenic corridor from encroachment of incompatible land uses such as junkyards, dumps, concrete plants, and gravel pits; mitigating activities within the corridor that detract from its scenic quality by proper siting, landscaping, or screening; and, prohibiting billboards and regulating on-site signs so that they do not detract from scenic views. A local agency (such as a city or county) that possesses a scenic eligible corridor within its jurisdiction may prepare a corridor management plan that describes the land use and other relevant planning actions that it will implement to retain the area's scenic quality. If this plan meets specific criteria, Caltrans will designate the identified portion of the route as "scenic" and include special signs along designated routes and also identify the routes on maps produced by the State Division of Tourism. Upon formal designation, current law requires local agencies to take actions that may be necessary to protect the scenic appearance of the corridor - the band of land generally adjacent to the highway right of way - including, but not limited to: (1) regulation of land use and intensity of development; (2) detailed land and site planning; (3) control of outdoor advertising; (4) careful attention to and control of earthmoving and landscaping; and, (5) the design and appearance of structures and equipment. While Caltrans has the ability to approve official scenic highways, legislative action is the only way to remove any segment identified as scenic eligible in statute. Current law includes Interstate 10, from Route 38 near Redlands to Route 62 near Whitewater, as scenic eligible. However, Riverside County has never sought formal designation of this corridor, which spans approximately 37 miles. This bill proposes to remove a specific 1.12-mile segment within the 37-mile scenic eligible corridor. The author has proposed this legislation at the request of Riverside County in order to allow the county to put up a new SB 169 Page 3 billboard within this 1.12-mile segment. The author asserts that legislation is required because the county's General Plan prohibits specific activities, including the installation of a new billboard, on both designated scenic and scenic eligible highways. According to Riverside County, this specific segment's continued eligibility, and relevant General Plan restrictions, prevents critical economic development along this corridor. SB 169 serves as a vehicle to allow Riverside County to meet one its economic development priorities; however local agencies, including Riverside County, currently possess the policy making tools to resolve the policy issue this bill is attempting to address. Specifically, this bill would carve out a small section within a scenic eligible corridor to essentially circumvent Riverside County's General Plan requirements that prohibit billboard advertising along scenic eligible highways. While state law does in fact require local General Plans to consider scenic corridors within its land use and open space elements, specific requirements and designations of the land are within the jurisdiction of each local agency. Furthermore, local agencies have the ability to amend policies within their General Plans to accommodate changes in the priorities of both the public and local agency. Suggested Amendment: At a minimum, this bill should be amended to remove the entire 37-mile corridor. This will ensure that the integrity of the scenic highway system is maintained while continuing to accomplish the county's economic development priorities. REGISTERED SUPPORT / OPPOSITION : Support County of Riverside Opposition None on file Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093 SB 169 Page 4