BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 649
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Ashburn
VERSION: 4/2/09
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 28, 2009
SUBJECT:
Transfer of Caltrans property to the East Kern Airport District
DESCRIPTION:
This bill requires the Department of Transportation (Caltrans)
to transfer ownership of 577 acres known as Site A of the Mojave
Bypass property in Kern County to the East Kern Airport District
for open-space purposes.
ANALYSIS:
Current law identifies the California state highway system
through a description of segments of the state's regional and
interregional roads. Caltrans purchases property as needed to
complete the state highway system.
Under current law, whenever Caltrans determines that a property
is unneeded, it may sell or exchange the property upon terms and
conditions established by the California Transportation
Commission (CTC). Generally, Caltrans must first offer surplus
property successively to other state agencies, then to local
government agencies, and finally to the public for sale. The
CTC has adopted a policy requiring that all properties be sold
at fair market value.
This bill requires Caltrans to transfer ownership of 577 acres
known as Site A of the Mojave Bypass property in Kern County to
the East Kern Airport District for open-space purposes.
COMMENTS:
SB 649 (ASHBURN) Page 2
1.Purpose of the bill . The East Kern Airport District (EKAD)
operates the Mojave Air and Space Port, the nation's first
inland spaceport. According to the author, EKAD is in need of
open-space land at the end of its primary departure runway in
order to ensure the safety of the aircraft and the public,
reduce encroachment, and sustain the long term economic
viability of the spaceport.
CalTrans owns three properties adjacent to the airport, known
as Site A, Site B, and Site C, that were used to provide dirt
for the Mojave bypass project. Caltrans is required to
revegetate these properties, but the work has not yet been
completed. On three occasions dust events originating on Site
A have forced closure of two runways. More ominously, three
people lost their lives on the Mojave bypass last year when
dust from Site C reduced visibility to zero.
In exchange for ownership, EKAD is prepared to complete the
revegetation work on Site A. By transferring ownership and
the remediation responsibility to EKAD, this bill will save
the state short-term costs related to the remediation, as well
as considerable long-term financial and legal exposure that
may arise from future dust storms.
2.An uncompleted deal . According to Caltrans, it and EKAD
previously discussed transferring the land in exchange for
EKAD completing the revegetation work. The deal was not
completed, and Caltrans understood that EKAD did not have
sufficient funding for the work. Since then, Caltrans has
advanced funding to the 2009-2010 fiscal year to complete the
revegetation. To the extent that Caltrans will have the
necessary funding in place soon, it is not clear that the
exchange is needed to complete the revegetation, and in fact a
transfer could delay the work. That said, there seems to be
an interest on the part of both parties to transfer the land
ultimately to EKAD.
3.Transfer for less than market value . CTC policy requires
Caltrans to sell surplus properties at fair market value.
This bill implies that Caltrans shall transfer Site A at no
cost. To the extent that EKAD does assume responsibility for
some or all of the revegetation work, it is not clear how the
cost of this work compares to the value of the land. By
requiring a no-cost transfer, it is possible that Caltrans
would forgo a significant amount of money that could go
towards other highway projects. The committee may wish to
SB 649 (ASHBURN) Page 3
consider whether this property should be sold at fair market
value or at no-cost.
4.Highway 14 right-of-way . From the map provided by the
sponsor, it appears that State Route 14 crosses Site A. If
the property is transferred, Caltrans presumably will need to
maintain ownership of the right-of-way. The bill language
will need to reflect this.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
April 22, 2009)
SUPPORT: East Kern Airport District (Sponsor)
OPPOSED: None received.