BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 1018           Hearing Date:    4/26/2016
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          |Author:   |Liu                                                   |
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          |Version:  |4/7/2016                                              |
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          |Urgency:  |Yes                    |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
          |:         |                                                      |
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          SUBJECT:  Interstate 710 North Gap Closure project:   
          cost-benefit analysis


            DIGEST:  This bill requires the Board of Directors of the Los  
          Angeles County Metropolitan Transportation Authority (LA Metro)  
          to hold three public hearings on the cost-benefit analysis (CBA)  
          prepared for the Interstate 710 North Gap Closure project. 
           
           ANALYSIS:
          
          Existing law:
          
          Creates LA Metro and grants specified powers and duties relative  
          to transportation planning, programming and operations in Los  
          Angeles County. 

          This urgency bill:

          1)  Requires LA Metro Board of Directors (Board), before making  
            a final decision on the Interstate 710 North Gap Closure  
            project (710 project), to hold three public hearings,  
            consistent with the Ralph M. Brown Act (Brown Act) on the CBA  
            prepared for the 710 project.

          2)  Requires LA Metro to provide a 90-day, noticed public  
            comment period on the CBA, respond to any comments received in  
            a standalone document, post that standalone document to the  
            internet, and consider the standalone document at a noticed  
            public hearing consistent with the Brown Act. 







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          COMMENTS:

          1)  Purpose.  According to the author, Caltrans and LA Metro  
            have been working together on the Interstate 710 North Study  
            to evaluate mobility and find traffic congestion solutions  
            between the western San Gabriel Valley and the east/northeast  
            area of Los Angeles.  A draft joint Environmental Impact  
            Report (DEIR) and Environmental Impact Statement (DEIS) for  
            the project were prepared in accordance with the California  
            Environmental Quality Act (CEQA) and the National  
            Environmental Policy Act (NEPA) and was released to the public  
            on March 6, 2015.  The original 120-day comment period was  
            extended by 150 days to August 5, 2015, to allow review and  
            comment on the CBA of the project alternatives released on  
            June 19, 2015.  

            It is incumbent upon LA Metro and Caltrans to respond to all  
            of the comments received on the DEIR/DEIS, which numbered in  
            the thousands.  Numerous comments were also submitted on the  
            CBA.  Under CEQA and NEPA, the lead agency is required to  
            respond to comments on the draft in the Final EIR/EIS.  LA  
            Metro and Caltrans acknowledge that the CBA is part of the  
            Draft EIR/EIS and state that they have always intended to  
            respond to the CBA comments.  Nonetheless, that does not  
            resolve the problem that the CBA was neither the subject of  
            public hearing, nor did it have the same comment period as the  
            Draft EIR/EIS, i.e., five hearings were held and four months  
            allowed for comment on the Draft EIR/EIS, while no public  
            hearing was held on the CBA and only six weeks were allowed  
            for comment.  SB 1018 will ensure that LA Metro will provide  
            adequate time for the public to respond to the CBA and require  
            LA Metro to respond to comments to the CBA and provide those  
            responses to the public.  

          2)  History of the 710 Corridor.  For decades, Caltrans has  
            proposed extending Interstate 710 to close a roughly 4.5-mile  
            unconstructed gap in the freeway between SR 10 in Los Angeles  
            and SR 710 in Pasadena.  This gap affects the cities of  
            Alhambra, Pasadena, South Pasadena, and a portion of Los  
            Angeles.  The project has been in the planning stage since  
            1953 for a variety of reasons related to the federal  
            environmental review process.  A number of options are being  
            considered: a bus rapid transit, a tunnel, rail transit,  
            Transportation System Demand Management, and a no-build  








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            option. 

          3)  Impact of the bill.  While LA Metro has already indicated  
            that they will do so, the author wishes to ensure that this  
            agency adequately responds to public comments made regarding  
            the CBA. 

          4)  Opposition.  Writing in opposition, LA Metro states that  
            both it and Caltrans have held numerous public meetings as a  
            part of the environmental process and all of the documents  
            have been available for public review and comment pursuant to  
            state and federal environmental laws.  A CBA is not required  
            in the environmental review process.  The LA Metro Board asked  
            for the preparation of the CBA in its capacity as the funding  
            agency for the project to be selected by Caltrans as the lead  
            agency in the environmental process.  Caltrans has  
            incorporated the CBA into the environmental process and LA  
            Metro and Caltrans have committed to respond to comments as  
            part of that process.  The current version of this bill  
            requires LA Metro to hold additional hearings and respond to  
            comments on the CBA separately from the environmental process.  
             LA Metro further states that this bill will set a precedent  
            for future environmental studies as it would mandate  
            additional unnecessary provisions for agencies that choose to  
            conduct a CBA, which is optional.

          5)  Double-referral.  The introduced version of this bill was  
            heard in the Senate Environmental Quality Committee on April  
            6, where it failed on a 3-3 vote.  This bill was subsequently  
            amended on April 7, and those amendments (the current version  
            of the bill) took this bill out of that committee's  
            jurisdiction.  

          Related Legislation:
          
          SB 580 (Liu, 2015) - would have made changes to the Roberti Act  
          governing the sale of surplus properties in the Interstate 710  
          corridor.  This bill is currently in the Assembly Appropriations  
          Committee. 

          SB 416 (Liu, Chapter 468, Statutes of 2013) - expedited the sale  
          of surplus residential  properties in the cities of Los Angeles,  
          South Pasadena, and Pasadena that do not fall within the  
          boundaries of any alternate route being considered in the North  
          State Route 710 Project DEIS/DEIR.








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          SB 204 (Liu, 2012) - would have required the sale of  
          Caltrans-owned surplus properties in the North Route 710  
          Project.  This bill was vetoed by the Governor.

          AB 1617 (Liu, 2006) - would have given cities priority over  
          affordable housing entities to purchase, rehabilitate, and  
          resell Caltrans-owned surplus residential properties in the  
          North State Route 710.  This bill failed passage in the Senate  
          Transportation and Housing Committee. 

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 20, 2016.)
          
            SUPPORT:  

          City of Glendale
          City of La Canada Flintridge
          City of South Pasadena
          OPPOSITION:

          City of Alhambra (prior version)
          City of Monterey Park (prior version)
          City of Rosemead (prior version)
          City of San Marino (prior version)
          Ironworkers Local 416 (prior version)
          Ironworkers Local 433 (prior version)
          Los Angeles Metropolitan Transportation Authority (LA Metro)
          Los Angeles/Orange Counties Building and Construction Trades  
            Council (prior version)
          Sprinkler Fitters U.A. Local 709 (prior version)
          State Building and Construction Trades of California (prior  
          version)
          U.A. Local 78 (prior version)

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