BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1030
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Blumenfield
VERSION: 6/1/09
Analysis by: Art Bauer FISCAL: yes
Hearing date: June 30, 2009
SUBJECT:
Renewable energy projects: Department of Transportation
DESCRIPTION:
This bill requires University of California, Los Angeles (UCLA)
Institute of the Environment to map the renewable energy
development potential of real property under the direction and
control of the Department of Transportation (Caltrans).
ANALYSIS:
Existing law authorizes Caltrans to acquire, develop, and
maintain property related to the state's highway system and
intercity passenger rail system.
This bill :
1. Makes findings and declarations regarding the value of
solar and other renewable energy sources, the need to use
these resources wherever feasible, such as open space along
transportation corridors, to help to achieve
the state's climate change goals, and the possibility of
using public-private partnerships to use untapped sound
walls and other transportation system property to generate
revenues that may be used to offset maintenance costs.
2. Requires, to the extent it receives funding, UCLA's
Institute of the Environment, in consultation with
Caltrans, to undertake a project for mapping the renewable
energy development potential of property owned by Caltrans.
AB 1030 (BLUMENFIELD) Page 2
3. Authorizes the mapping project to include, but not be
limited to, global positioning mapping to be available for
public use that indicates the solar and wind renewable
energy potential for property owned by Caltrans.
4. Mandates that the director of Caltrans respond within 30
days to any proposal to develop a renewable energy project
and to identify whether the property is available for sale,
lease, or by the issuance of an encroachment permit, and
whether the project would be compatible with the current
and projected use of the property.
COMMENTS:
1. Purpose . The author contends that much of Caltrans'
property, including roadways and soundwalls, has the
potential to host renewable energy facilities and that the
development and maintenance of an inventory of such energy
assets would "allow promising renewable energy
opportunities and new ventures to be developed and
pursued." The author cites the example of the state of
Oregon, where solar generators are being incorporated into
soundwalls, and Great Britain, which is reportedly using
piezoelectric crystals in its roadbeds to generate
electricity when vehicles drive over them.
2. Legislature cannot mandate the University of California
to take an action . Because of the constitutional
independence of the University of California, the
Legislature cannot mandate the University or its research
institutes to take a specific action. This bill mandates
specific actions by UCLA's Institute of the Environment.
The committee or the author may wish to amend the bill by
deleting "shall" on page 2, line 33 and adding "may" and
again on page 3, line 12.
3. Caltrans response time may be impractical . The bill
requires the director of Caltrans to respond within 30 days
to any proposal to develop a renewable energy project. For
example, if a project is in highway right-of-way adjacent
to the traffic lanes, the analysis of the safety issues
could take more than thirty days. If the right-of-way is in
a metropolitan region, Caltrans would likely have to
consult with the regional transportation agency to
determine if the proposal is being considered for a high
occupancy vehicle lane or some other traffic mitigation
AB 1030 (BLUMENFIELD) Page 3
investment. Reviews of this sort take considerable
engineering and planning efforts. The committee or the
author may wish to amend the bill to change the requirement
that Caltrans respond to a proposal for a renewable energy
project from 30 days to 90 days.
Assembly Votes:
Floor: 76-0
Appr: 16-1
Trans: 11-2
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 24, 2009)
SUPPORT: Faith2Green (sponsor)
Union of Concerned Scientists
OPPOSED: None received.