BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 545
                                                                  Page  1

          Date of Hearing:   July 6, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                    SB 545 (Cedillo) - As Amended:  June 30, 2009

           SENATE VOTE :  38-0
           
          SUBJECT  :  Route 710:  tunnel

           SUMMARY :  Prohibits the Interstate 710 (I-710) freeway gap  
          closure project from being constructed as a surface or  
          above-grade highway.  Specifically,  this bill  :  

          1)Modifies the terms of an exception to existing law that  
            otherwise requires the California Department of Transportation  
            (Caltrans) to secure a freeway agreement with a city or county  
            prior to constructing a freeway if construction requires  
            closure of local streets; as modified, the exception only  
            applies to a segment of freeway that consists solely of a  
            subsurface transportation facility.  

          2)Specifically provides that the subsurface transportation  
            facility must be a tunnel with the alignment to be determined  
            by Caltrans after completion of environmental studies.  

          3)Provides that cut and cover construction technology may be  
            used only at the entrance and exit portals and the portals are  
            not to encroach upon the City of South Pasadena;  provides,  
            however, that cut and cover maybe used where needed for tunnel  
            ventilation structures, emergency exits, and any other  
            required mitigation measures.  

          4)Statutorily declares that I-710 between Valley Boulevard in  
            the City of Los Angeles and Del Mar Boulevard in the City of  
            Pasadena will not be a surface or above-grade highway.  

           EXISTING LAW:

           5)Requires Caltrans to enter into a freeway agreement with  
            affected cities and counties before a freeway is constructed,  
            if construction of the freeway requires the closing of one or  
            more local streets.  

          6)Provides an exception from the freeway agreement requirement  








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            for the I-710 freeway gap closure project by authorizing  
            Caltrans to build that freeway without signing a freeway  
            agreement, as long as specified conditions are met, including:  
             

             a)   The freeway in included in the California freeway and  
               expressway system;  

             b)   Construction has commenced, but not been completed,  
               leaving a gap between the construction portions of the  
               freeway;  

             c)   In addition to the adopted route, there is at least one  
               feasible alternate route;

             d)   A draft environmental impact report or statement has  
               been prepared on the unconstructed portion of the freeway;  
               and,

             e)   An agreement with or more counties and cities is not  
               possible because of an impasse.  

          7)Generally restricts the use of state transportation funds to  
            improvements on, or in support of, the state highway system,  
            intercity rail, mass transit guideways, or grade separation  
            projects.  

           FISCAL EFFECT  :  Unknown; however, the Senate Appropriations  
          Committee analysis points out that a bored tunnel is likely the  
          most costly option for constructing this project (compared to  
          any surface or above-grade project).  To the extent that this  
          bill removes the possibility that this project could be  
          constructed using a less expensive option, this bill would  
          create cost pressures potentially in the hundreds of millions of  
          dollars.  

          Measure R, a thirty-year local transportation sales tax approved  
          by Los Angeles voters last November, dedicated $780 million for  
          the  freeway gap closure tunnel project, estimated by Los  
          Angeles County Metropolitan Transportation Authority (Metro) to  
          cost $3.8 billion to construct.  

           COMMENTS   :  I-710 is a major north-south interstate freeway  
          running 23 miles through Los Angeles County.  The freeway runs  
          from Long Beach to Alhambra, stopping short of the originally  








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          planned terminus in Pasadena.  Construction of the segment  
          between Alhambra and Pasadena, through South Pasadena, has been  
          delayed for decades due to community opposition.  

          Failure to complete the I-710 contributes to traffic congestion  
          in northeastern Los Angeles and the northwestern San Gabriel  
          Valley, as there are no north-south freeways in the heavily  
          populated area between I-5 (Golden State Freeway) and I-605 (San  
          Gabriel River Freeway).  Over the past forty years, alternative  
          concepts have been proposed and evaluated to complete the I-710  
          freeway and close the 4.5-mile gap in the corridor.  To date,  
          none of the previously proposed and evaluated alternatives have  
          been successful in satisfying the regional mobility needs and  
          community/environmental concerns.  The alternatives considered  
          traversed through highly developed urbanized neighborhoods and  
          required a substantial volume of right of way along the  
          alignments.  

          Many members of the community were concerned with the impact of  
          right of way-intensive, surface alternatives and consequently,  
          opposed the extension of the I-710.  In response to this  
          reaction, and to lessen the potential impact of completing the  
          I-710, a tunnel concept was proposed for assessment as a  
          potential option to the surface alternatives.  

          This bill will effectively eliminates the ability of Caltrans to  
          build a surface-route project to complete the freeway gap  
          closure by: 1) limiting the exception to the freeway agreement  
          requirement to a subsurface project only; and, 2) defining this  
          segment of I-710 as a subsurface route, thereby effectively  
          precluding the use of state funds on a surface project.  (The  
          state does not have general authority to use transportation  
          funds off the state highway system.)  

          Metro has completed the feasibility assessment of a tunnel  
          alternative to extend the I-710 from its current terminus at  
          Valley Boulevard in the City of Los Angeles to I-210 in the City  
          of Pasadena.  Generally, the study concluded that the tunnel  
          concept is feasible.  Potential environmental impacts were  
          identified, however, preliminary assessments concluded that  
          these impacts could be minimized, eliminated or mitigated.  The  
          report concluded that no insurmountable environmental issues  
          were identified that would preclude further consideration of the  
          tunnel alternative.  Based on this, proponents argue that  
          further study is warranted and that the tunnel concept should be  








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          advanced to the next more detailed stage to further validate the  
          findings of this assessment and to determine whether the tunnel  
          concept can ultimately serve as the alternative to complete the  
          I-710.  

          According to the author, he has introduced this bill to fulfill  
          "a commitment made to the City of South Pasadena that would  
          ensure that there would never be a surface-route solution for  
          710 corridor."  

          Previous legislation:  AB 2321 (Feuer), Chapter 302, Statutes of  
          2008, authorized the placement of Measure R before voters in Los  
          Angeles County.  Measure R provides initial funding for the  
          I-710 project.  

          AB 1623 (M. Martinez), Chapter 117, Statutes of 1982, authorized  
          the exception to the freeway agreement requirement, under  
          certain conditions. 

          AB 2556 (D. Martinez), Chapter 1234, 1993 Statutes, eliminated  
          deadlines for complying with conditions previously imposed by AB  
          1623.  

           REGISTERED SUPPORT / OPPOSITION  :

          Support 
           
          None on file
           
            Opposition 
           
          None on file


           Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093