BILL NUMBER: SB 545	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 27, 2009

   An act to amend Section 100.4 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 545, as introduced, Cedillo. Freeway construction.
   Existing law authorizes the Department of Transportation to
construct a freeway, without an agreement with a county or city, on
the route determined by the California Transportation Commission, if
specified requirements have been met, including that an agreement
with one or more counties and cities is not possible because an
impasse has existed for 10 or more years after an initial route was
adopted.
   This bill would change that requirement to specify that an
agreement with one or more counties and cities is not possible
because an impasse has existed for 20 or more years after an initial
route was adopted.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 100.4 of the Streets and Highways Code is
amended to read:
   100.4.  Notwithstanding Section 100.2, the department may
construct a freeway, without an agreement with a county or city, on
the route determined by the commission, if all of the following
conditions have been met:
   (a) The freeway is included within the California freeway and
expressway system and a route has been adopted.
   (b) Construction has commenced, but has not been completed,
leaving an existing gap between the constructed portions of the
freeway.
   (c) In addition to the adopted route, there is at least one
feasible alternative route as determined by the department.
   (d) A draft environmental impact report or statement has been
prepared on the unconstructed portion of the freeway.
   (e) The affected freeway segment is within the jurisdiction of the
Los Angeles County Metropolitan Transportation Authority.
   (f) An agreement with one or more counties and cities pursuant to
Section 100.2 is not possible because an impasse, as evidenced by the
lack of freeway agreements by all affected jurisdictions, has
existed for  10   20  or more years after
an initial route was adopted.
   (g) Under the conditions set forth in subdivisions (a) to (f),
inclusive, the commission shall hold public hearings as it may deem
necessary, review the draft or final environmental impact report or
statement, and consider the recommendation and records of the
authority and other documents as it may deem advisable. The
commission shall take into consideration all the traditional factors
of route selection by the state, including the question of least
adverse economic and physical impact on the communities involved, but
any previous selection by the commission or its predecessor shall
not be considered binding.
   (h) The environmental impact report or statement shall examine the
potential impacts of alternative route alignments on the communities
involved. The definition and scope of these communities shall
reflect the sense of community of residents within and immediately
adjacent to the adopted route and alternate route location.
   (i) The department shall prepare a draft environmental impact
report or statement. The commission may hold public hearings on the
draft environmental impact report or statement as it deems necessary.
The department shall prepare a final environmental impact report or
statement after the completion of the public review period of the
draft environmental impact report or statement. The commission shall
select a route after the completion of the environmental impact
report or statement.
   (j) If the route selected by the commission differs from a prior
route adopted by the commission or a prior recommendation by the
authority, the commission shall set forth, as a part of its decision
statement, the reasons for the route selected.
   (k) For any freeway constructed pursuant to this section, the
department shall establish an outreach program to maximize the
participation of businesses and professionals from within the county
in which the freeway segment is located in the construction of the
freeway segment.
   () As used in this section, "authority" means the Los Angeles
County Metropolitan Transportation Authority  , or its
predecessor, the Los Angeles County Transportation Commission
 .