BILL NUMBER: SB 545 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2009
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 requires the Department of Transportation to 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 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) The subsurface transportation facility shall be a tunnel with
the alignment to be determined by the department after the completion
of environmental studies. Cut and cover construction technology may
be employed only at the entrance and exit portals, and neither portal
shall encroach on territory of the City of South Pasadena. However,
cut and cover technology may also be used in areas necessary to
construct tunnel ventilation structures, emergency exits, and any
other mitigation measures required for the tunnel.
(c)
(d) In addition to the adopted route, there is at least
one feasible alternative route as determined by the department.
(d)
(e) A draft environmental impact report or statement
has been prepared on the unconstructed portion of the freeway.
(e)
(f) The affected freeway segment is within the
jurisdiction of the Los Angeles County Metropolitan Transportation
Authority.
(f)
(g) 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)
(h) Under the conditions set forth in subdivisions (a)
to (f) (g) , 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)
(i) 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)
(j) 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)
(k) 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)
(l) 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.
()
(m) 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.