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 ----------------------------------------------------------------- |Author: |Liu | |----------+------------------------------------------------------| |Version: |4/7/2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |Yes |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Alison Dinmore | |: | | ----------------------------------------------------------------- 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. SB 1018 (Liu) Page 2 of ? 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 SB 1018 (Liu) Page 3 of ? 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. SB 1018 (Liu) Page 4 of ? 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) -- END -- SB 1018 (Liu) Page 5 of ?