BILL ANALYSIS �
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VETO
Bill No: SB 811
Author: Lara (D)
Amended: 9/3/13
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/30/13
AYES: DeSaulnier, Beall, Galgiani, Hueso, Lara, Liu, Pavley,
Roth
NO VOTE RECORDED: Gaines, Cannella, Wyland
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 28-10, 5/29/13
AYES: Beall, Block, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,
Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley,
Price, Roth, Steinberg, Torres, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Emmerson, Fuller, Gaines, Huff,
Knight, Nielsen, Walters, Wyland
NO VOTE RECORDED: Cannella, Vacancy
ASSEMBLY FLOOR : 55-20, 9/9/13 - See last page for vote
SENATE FLOOR : 27-10, 9/10/13
AYES: Beall, Block, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso,
Jackson, Lara, Leno, Lieu, Liu, Monning, Padilla, Pavley,
Roth, Steinberg, Torres, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Emmerson, Fuller, Gaines, Huff,
Knight, Nielsen, Vidak, Wyland
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NO VOTE RECORDED: Cannella, Walters, Vacancy
SUBJECT : I-710 Long Beach Freeway: environmental mitigation
SOURCE : Author
DIGEST : This bill (1) requires the Department of
Transportation (Caltrans), or another agency if it agrees to
assume responsibility as the lead agency for State Highway Route
710 (I-710) corridor project, consider alternatives to address
air quality, public health, and mobility impacts the project
will have on neighboring communities; and (2) requires the final
environmental document for the I-710 corridor project to include
an investment in mitigation measures, where there are impacts,
for the affected communities and the Los Angeles River.
ANALYSIS : Existing law restricts the Legislature from
enacting statutes for the construction or funding of specific
individual transportation projects. Instead, existing law
creates the California Transportation Commission (CTC) that,
among other things, facilitates a process that results in the
orderly funding and construction of transportation projects
across the state.
Through this statutory process, the CTC biennially adopts a
five-year state transportation capital outlay program called the
State Transportation Improvement Program (STIP). The STIP
process begins with the development of a multi-year estimate of
all available state and federal transportation funds. Then the
CTC, based on the recommendations of the regional transportation
agencies and Caltrans, adopts a program of projects that forms
the basis for scheduling the expenditure of all available funds
during those years. The STIP process endeavors to make
investments in the state system that reflect local and state
priorities while ensuring future funding will be available to
complete these projects.
The California Environmental Quality Act (CEQA) requires lead
agencies, such as Caltrans, to prepare an environmental impact
report (EIR) for each project it undertakes, unless the project
is exempt from CEQA requirements. The lead agency must develop
the EIR before it can move forward with a project, which is done
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through an iterative public engagement process. Generally, an
EIR describes the proposed project, evaluates a range of
reasonable alternatives to the project, identifies and analyzes
all expected significant environmental impacts, and determines
feasible mitigation measures to reduce those impacts. At the
end of the process, the lead agency formally approves the
environmental review. The public has an opportunity to
challenge an EIR in court if it feels the process was inadequate
or the lead agency did not consider appropriate alternatives.
In this way, CEQA is intended to ensure better environmental
outcomes than otherwise would occur through project development.
The Long Beach Freeway (I-710) is a vital transportation artery,
linking the ports of Long Beach and Los Angeles to Southern
California and beyond. An essential component of the regional,
statewide, and national transportation system, it serves both
passenger and goods movement traffic. As a result of Southern
California population growth, increased trade through the ports,
and aging infrastructure, the I-710 experiences serious
congestion and safety issues. Caltrans, Los Angeles County
Metropolitan Transportation Authority, and other regional
partners are preparing an EIR to analyze the range of possible
improvement alternatives to the I-710 corridor. The project
study area extends from the ports to the Pomona Freeway, a
distance of 18 miles, and encompasses 15 cities and
unincorporated areas adjacent to the freeway.
According to Caltrans, the I-710 project will likely cost
between $3 billion and $5 billion and consider it a prime
candidate for a public-private partnership that may include
tolling. While still in the beginning stages of the
environmental review process, Caltrans expects a draft EIR in 12
to 18 months with the approval of a final environmental document
at least four or five years away.
This bill:
1. Defines key terms, including:
A. "I-710 corridor project" to mean the proposed program
of improvements to I-710 in Los Angeles County between
State Route 60 in East Los Angeles and Ocean Boulevard in
Long Beach;
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B. "Community Alternative 7" to mean an alternative
infrastructure plan developed by a coalition of community
partners, submitted for consideration to the lead agency
(i.e., Caltrans) in response to the first draft
environmental review document, and voted on by the I-710
EIR/EIS (environmental impact review/environmental impact
study) Project Committee to be included in the
recirculated draft environmental document; and,
C. "Lead agency" to mean Caltrans, unless another agency
assumes responsibility for the project.
2. Makes legislative findings and declarations that:
A. The proposed I-710 corridor project is a project of
national significance that is intended to expand capacity
to accommodate freight movement to and from the Ports of
Los Angeles and Long Beach.
B. The proposed project may have adverse public health,
air quality, and quality-of-life impacts on nearby
residents.
C. The proposed project should be aligned with the
principles laid out in the 2007 Goods Movement Action
Plan, which highlights the importance of goods movement
projects that provide local communities with benefits and
improvements.
D. The proposed project should be consistent with the
state's policy goals to reduce greenhouse gas emissions by
reducing vehicle miles traveled and increasing public
transit use and active transportation.
3. Requires Caltrans, as the lead agency, to consider, within
the environmental review process, alternatives to address the
air quality, public health, and mobility impacts that the
project could have on neighboring communities.
4. Specifically requires that "Community Alternative 7," in its
entirety, be studied in the environmental review as a
complete project alternative.
5. Requires the approved environmental review document to
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include an investment in identified mitigation measures where
there are impacts to affected communities and the Los Angeles
River.
6. At least 90 days prior to approving the environmental
document for the proposed project requires the lead agency to
submit to the I-710 EIR/EIS Project Committee a report that
describes the identified mitigation measures and community
benefits that will be included in the project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
According to Assembly Appropriations Committee, Caltrans
indicates that, in its current environment review process, it is
taking into account all the design elements in Community
Alternative 7 that impact the project. Due to consideration of
additional factors, Caltrans believes the scope of Community
Alternative 7 goes beyond actual project mitigation measures
most likely needed. Caltrans estimates evaluation of these
additional measures will increase environmental review costs by
$3 million to $5 million dollars above the based cost, which is
estimated at $45 million to $50 million.
SUPPORT : (Verified 9/9/13)
American Lung Association in California
Asian Pacific Policy and Planning Council
Building Healthy Communities, Long Beach Steering Committee
California Environmental Justice Alliance
City of Bell, Commerce, and Huntington Park
City of Long Beach, Council District 9
Coalition for Clean Air
Communities for a Better Environment
Community Action to Fight Asthma
Community Health Councils
East Los Angeles Community Corporation
East Yard Communities for Environmental Justice
EndOil
Environmental Defense Fund
Gage Middle School
Greater Pasadena Jews for Justice
Green Education Inc.
Housing Long Beach
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InnerCity Struggle
Legal Aid Foundation of Los Angeles
Long Beach Alliance for Children with Asthma
Long Beach Grows
Los Angeles Alliance for a New Economy
Los Angeles County Metropolitan Transportation Authority
Los Angeles River Revitalization Corporation
Natural Resources Defense Council
Planning and Conservation League
Regional Asthma Management and Prevention
Ruckus Society
Sierra Club
Trust for Public Land
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 811 without my signature.
This bill requires that a specific mitigation plan be
considered for the I-710 widening project.
I commend the author's objectives, as reflected in this
bill, to improve air quality, ensure access to bicycle and
pedestrian paths, and increase access to public transit.
These are goals we share.
However, statutorily requiring the project environmental
impact report to consider specified mitigation measures that
exceed the project's scope is a precedent I don't wish to
establish. Caltrans is instructed to continue to work with
the author and local stakeholders on identifying mitigation
measures within the scope of CEQA that ensure the I-710
project benefits motorists, good movement, the community,
and the environment."
ASSEMBLY FLOOR : 55-20, 9/9/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,
Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian,
Pan, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams,
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Yamada, John A. P�rez
NOES: Allen, Bigelow, Ch�vez, Conway, Donnelly, Beth Gaines,
Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein,
Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson,
Waldron
NO VOTE RECORDED: Dahle, Wagner, Wilk, Vacancy, Vacancy
JA:kd 1/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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