BILL ANALYSIS
AB 1386
Page 1
ASSEMBLY THIRD READING
AB 1386 (Hayashi)
As Amended April 22, 2009
Majority vote
TRANSPORTATION 11-3 APPROPRIATIONS 12-4
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|Ayes:|Eng, Blumenfield, |Ayes:|De Leon, Ammiano, Charles |
| |Hayashi, Conway, | |Calderon, Davis, Fuentes, |
| |Furutani, Galgiani, | |Hall, John A. Perez, |
| |Bonnie Lowenthal, Miller, | |Price, Skinner, Solorio, |
| |John A. Perez, Solorio, | |Torlakson, Krekorian |
| |Torlakson | | |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Jeffries, Garrick, Niello |Nays:|Nielsen, Duvall, Harkey, |
| | | |Audra Strickland |
| | | | |
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SUMMARY : Modifies provisions of existing law governing development
of a local alternative transportation improvement program (LATIP) in
the State Route 84 and SR 238 corridors. Specifically, this bill :
1)Expands the uses for which proceeds from the sale of surplus
property in the SR 238 corridor can be allocated to include
improvements on any highways, not just state highways.
2)Adds provisions governing the accounting of revenue from the sale
of surplus property in the SR 84 and SR 238 corridors.
3)Provides for the relinquishment of segments of SR 92, SR 185, and
SR 238 to the City of Hayward, only if the California Department
of Transportation (Caltrans) and the city enter into agreements
providing for the relinquishments.
EXISTING LAW :
1)Grants local authorities, acting jointly with transportation
planning agencies, authority to develop and file with the
California Transportation Commission (CTC), LATIPs to address
transportation problems county that were to be served by
construction of freeways on SR 84 and SR 238.
AB 1386
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2)Dictates that priority for funding in the LATIPs is to go to
projects in the local voter-approved transportation tax measure.
3)Grants CTC final authority over the content and approval of LATIPs
for SR 84 and SR 238 and prohibits it from approving any such
program submitted after January 1, 2010.
1)Directs the proceeds from the sale of excess properties, less
specified costs, to be allocated by CTC to fund the approved
LATIP. These proceeds are exempt from formulae, such as the
north/south split and county shares, that generally govern the
distribution of capital improvement dollars for transportation.
These proceeds are restricted, however, for state highway
purposes.
2)Statutorily identifies state highway system routes; defines "state
highway" as any roadway that is acquired, laid out, constructed,
improved, or maintained as a state highway pursuant to
constitutional or legislative authorization.
3)Provides for the expansion or deletion of the state highway system
through a process whereby CTC makes a finding that it is in the
best interest of the state to include or delete a specified
portion of roadway to the system.
4)Provides for the relinquishment of a portion of state highway to a
city or county under an agreement between the local jurisdiction
and the Caltrans when an act of the Legislature has deleted the
portion of highway from the state highway system.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis:
5)Moderate one-time special fund costs, potentially in the hundreds
of thousands to millions of dollars, for Caltrans to bring the
highway segments up to a "state of good repair" before they are
relinquished. These costs will be the result of negotiations
between Caltrans and the respective cities following legislative
authorization for the relinquishments.
6)Long-term maintenance and repair savings to Caltrans if the CTC
exercises its authority to relinquish the highway segments.
7)Potential redirection of revenues from surplus property sales the
SR 238 corridor to other than state highways.
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COMMENTS : In the late 1960s, Caltrans initiated a project to build
a freeway in the SR 238 corridor. Caltrans purchased hundreds of
parcels for right-of-way for the freeway. The project stalled in
the 1970s, and by the start of the 1980s, the project had
encountered enough delays and problems to be considered infeasible
by most interested parties. SB 1711 (Holmdahl) Chapter 799,
Statutes of 1982, allowed local transportation authorities to
develop an alternative plan to the SR 238 project and required them
to submit that plan to CTC by January 1, 1986, after which the
commission was barred from approving any alternative plan. SB 296
(Lockyer) Chapter 494, Statutes of 1985, extended the deadline to
January 1, 1988. Both these deadlines went unmet.
SB 509 (Figueroa) Chapter 611, Statutes of 2004, revived the LATIP
process and established a new deadline of January 1, 2010. AB 1462
(Torrico) Chapter 619, Statutes of 2005, added SR 84 to provisions
providing for the LATIP in Alameda County. Last year's SB 791
(Corbett) Chapter 705, Statutes of 2008 authorized the use of
revenues from sales of excess properties for projects in the local
alternative transportation improvement program that are also in the
local voter-approved transportation sales tax measure, subject to
approval by Caltrans.
According to the author, in addition to providing for the
relinquishment of state highway segments, provisions in the bill
establishing an accounting mechanism will ensure the proceeds of the
property sales can be tracked.
This bill is the next step toward closing out these obsolete state
highway projects and moving forward toward meeting local housing
and transportation needs.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
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