Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 577

Introduced by Assembly Member Nazarian

February 20, 2013

An act to begin delete amend Section 38321 end delete begin insert repeal Sections 30648 and 130265 end insert of the begin delete Vehicle end delete begin insert Public Utilities end insert Code, relating to begin delete vehicles end delete begin insert transportation end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 577, as amended, Nazarian. begin delete Vehicles: illegal disposal. end delete begin insert Rail construction: County of Los Angeles. end insert

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Existing law prohibits the construction of a mass transportation rail project, other than as a subway, within a specified corridor within the San Fernando Valley area of Los Angeles, and imposes other conditions in that regard. Existing law also imposes certain requirements on the construction phasing of a mass transportation rail project between the San Fernando Valley and downtown Los Angeles.

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This bill would repeal these provisions.

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Existing law prohibits a person from throwing or depositing in any area various types of garbage, a substance likely to injure or kill wild or domestic animal or plant life or damage traffic, or noisome, nauseous, or offensive matter. A person who drops, dumps, deposits, places, or throws that material, or who causes or permits that material to be so dropped, dumped, deposited, placed, or thrown, is required to remove the material or cause it to be removed and if a person fails to take those actions, the governmental agency responsible for the maintenance of the area, or the property owner of the land on which the material has been deposited, may remove the material and collect, by civil action, if necessary, the actual cost of the removal operation and damages.

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This bill would make technical, nonsubstantive changes to the provision requiring the removal of that material.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 30648 of the end insert begin insert Public Utilities Code end insert begin insert is
repealed. end insert

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30648.  

(a) The Legislature recognizes that the district made
specified representations regarding construction plans at the time
it received authorization to proceed with the planning and
construction of an exclusive public mass transit guideway system.

(b) The Legislature further recognizes that it is traditionally less
expensive to construct exclusive public mass transit guideway
systems using two construction crews working from each terminus
to the middle.

(c) Within three years after the start of construction of any
portion of the exclusive public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project, the
district shall start station construction on the segment of the system
in the San Fernando Valley, as defined in Section 11093 of the
Government Code. In the aggregate, within one year after the start
of construction of any portion of the project, the funding in each
year for below-ground construction on the North Hollywood
terminus station, which shall be located either adjacent to
Lankershim Boulevard within one-half mile south of Chandler
Street or adjacent to Chandler Street within one-half mile west of
Lankershim Boulevard, as determined by the Los Angeles County
Transportation Commission, and for tunneling and subway
construction within this segment shall not be less than 15 percent
of the amount of nonfederal funds allocated and spent in the
previous year to construct the metro rail project. Any funds which
would have been required to be spent on Valley Metro Rail
construction pursuant to Chapter 617 of the Statutes of 1984, shall
be deposited in a trust fund which shall be spent on qualified Valley
Metro Rail construction pursuant to this subdivision, except that
any interest earned on those funds may be used to subsidize
commuter rail transportation serving the San Fernando Valley
Statistical Area, as described in subdivision (g) of Section 76191
of the Government Code.

(d) If the entire public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project is
converted to an at-grade light rail system, then the construction to
be done with the portion of the funds designated in subdivision
(c) for tunneling and subway construction may be modified to
conform to the mode of construction to be used on the entire route
of the San Fernando Valley-Downtown Los Angeles Metro Rail
project.

(e) Funding for this construction may include, but is not limited
to, any of the following sources:

(1) Funds derived from Los Angeles County Transportation
Commission revenue bonds.

(2) Funds derived from the Los Angeles County Transportation
Commission one-half of 1 percent transactions and use tax.

(3) Funds allocated by the California Transportation
Commission for exclusive public mass transit guideway
construction pursuant to Article XIX of the California Constitution
and funds for that construction allocated by the California
Transportation Commission from the Transportation Planning and
Development Account in the State Transportation Fund. However,
the funds allocated by the California Transportation Commission
shall not be available for deposit in the trust fund specified in
subdivision (c).

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begin insert SEC. 2. end insert   

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begin insert Section 130265 of the end insert begin insert Public Utilities Code end insert begin insert is repealed. end insert

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130265.  

In 1990, the Los Angeles County Transportation
Commission adopted an approved San Fernando Valley rail rapid
transit route and plan as described in the Findings and Mitigation
Monitoring Program adopted by the Los Angeles County
Transportation Commission on February 28, 1990, as an extension
of metro rail or advanced technology transit, other than light rail,
that is a deep bore subway through residential areas, unless
modified through a subsequent state or federal environmental
review process. Therefore, the following apply within the
right-of-way of the Burbank Branch line of the Southern Pacific
Railroad:

(a) In the area between the western curb of Hazeltine Avenue
and a line parallel to and 50 feet west of the western edge of the
Hollywood freeway, there may not be constructed any exclusive
public mass transit rail guideway, rail rapid transit or light rail
system, or other track, other than as a subway system that is
covered and below grade.

(b) In the area described in subdivision (c), no station may be
constructed, other than a station where the main entrance is located
on property that is currently part of the Los Angeles Valley College
campus or on that portion of the existing railroad right-of-way
located north of Burbank Boulevard and east of Fulton Avenue.

(c) In the area below Tujunga Wash and at least one mile to the
east and west of Tujunga Wash, there may not be constructed any
exclusive public mass transit rail guideway, rail rapid transit or
light rail system, or other track, other than as a subway using boring
technology as a deep bore subway located at least 25 feet below
ground, measured from the existing ground level to the top of the
tunnel.

(d) This section is not intended to mandate the selection by the
Los Angeles County Transportation Commission of any transit
route or the construction of any route configuration or alignment,
or to prevent consideration by that commission of any monorail
or other advanced technology option on any alternative route, but
this section is intended solely to define statutorily the route
configuration and alignment limitations adopted locally by the Los
Angeles County Transportation Commission on February 28, 1990.

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SECTION 1.  

Section 38321 of the Vehicle Code is amended
to read:

38321.  

(a) A person who drops, dumps, deposits, places, or
throws, or causes or permits to be dropped, dumped, deposited,
placed, or thrown, upon any area, a material described in Section
38320, shall immediately remove the material or cause it to be
removed.

(b) If a person fails to comply with this section, the
governmental agency responsible for the maintenance of the area,
or the property owner of the land on which the material has been
deposited, may remove the material and collect, by civil action, if
necessary, the actual cost of the removal operation in addition to
any other damages authorized by law from the person who did not
comply with the requirements of this section.

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