BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 649|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 649
Author: Ashburn (R)
Amended: 5/4/09
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 10-0, 4/28/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman,
Hollingsworth, Kehoe, Pavley, Simitian, Wolk
NO VOTE RECORDED: Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Transfer of Caltrans property to the East Kern
Airport District
SOURCE : East Kern Airport District
DIGEST : This bill requires the Department of
Transportation to transfer, for fair market value, on or
before June 30, 2010, 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 :
Existing law identifies the California state highway system
through a description of segments of the state's regional
and interregional roads. The Department of Transportation
(Caltrans) purchases property as needed to complete the
state highway system.
CONTINUED
SB 649
Page
2
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, for fair market
value, on or before June 30, 2010, ownership of 577 acres
known as Site A of the Mojave Bypass property in Kern
County, except for that portion of the property
constituting the right-of-way for State Highway Route 14,
to the East Kern Airport District for open-space purposes.
Comments
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.
SB 649
Page
3
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/19/09)
East Kern Airport District (source)
JJA:do 5/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****