BILL NUMBER: SB 545	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Cedillo

                        FEBRUARY 27, 2009

   An act to amend Section 100.4 of  , and to add Section 622.2
to,  the Streets and Highways Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 545, as amended, Cedillo. Freeway construction.
   Existing law  authorizes   requires  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   enter into
an agreement prior to any closure of a city street or county highway
due to construction of a freeway with a city council or board of
supervisors having jurisdiction. Existing law provides an exception
to those provisions for a freeway segment within the jurisdiction of
the Los Angeles County Metropolitan Transportation Authority  ,
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 limit this exception to construction of a
segment of a freeway that consists solely of a subsurface
transportation facility, as specified. The bill  would 
change that requirement to specify   also require, as a
condition for the exception to apply,  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.

   Existing law establishes State Highway Route 710 from State
Highway Route 1 to State Highway Route 210 in Pasadena.  
   This bill would provide that State Highway Route 710 between
Valley Boulevard in the City of Los Angeles and Del Mar Boulevard in
the City of Pasadena may not be a surface or above-grade highway.

   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 segment of  a freeway  that consists solely
of a subsurface transportation facility, excluding cut and cover
 , 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 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  segment  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.
   SEC. 2.    Section 622.2 is added to the  
Streets and Highways Code   , to read:  
   622.2.  Route 710 between Valley Boulevard in the City of Los
Angeles and Del Mar Boulevard in the City of Pasadena shall not be a
surface or above-grade highway.