Bill Text: CA SB1018 | 2015-2016 | Regular Session | Amended

California Senate Bill 1018 (Prior Session Legislation)

Bill Title: Interstate 710 North Gap Closure project: cost-benefit analysis.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1018 Detail]

Download: California-2015-SB1018-Amended.html

BILL NUMBER: SB 1018	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2016

INTRODUCED BY   Senator Liu

                        FEBRUARY 11, 2016

   An act  to add Section 54237.9 to the Government Code,
  relating to  environmental quality,  
transportation,  and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1018, as amended, Liu.  California Environmental
Quality Act: State Route 710 North Study.   Interstate
710 North Gap Closure project: cost-benefit analysis.  
   (1) Existing law creates the Los Angeles County Metropolitan
Transportation Authority with specified powers and duties relative to
transportation planning, programming, and operations in Los Angeles
County.  
   This bill would require the Board of Directors of the Los Angeles
County Metropolitan Transportation Authority, before making a final
decision on the Interstate 710 North Gap Closure project, to take
specified actions on a specified cost-benefit analysis for the
project.  
   (2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the Interstate 710 North
Gap Closure project.  
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   (4) This bill would declare that it is to take effect immediately
as an urgency statute.  
   The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment. CEQA establishes a
public review period for a draft EIR of a project and requires the
lead agency to consider the comments submitted during the review
period and to respond to the comments.  
   This bill would deem a certain cost-benefit analysis prepared for
the State Route 710 North Study to be a technical study to be
included in the comprehensive analysis of the alternatives described
in the draft EIR for the State Route 710 North Study and would
require the lead agency to consider and respond, in writing, to any
comments regarding the analysis submitted during the public review
period.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for State Route 710 North Study.
 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 54237.9 is added to the
Government Code, to read:
   54237.9.  Notwithstanding any other law, for purposes of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), the cost-benefit
analysis prepared for the State Route 710 North Study in response to
a motion approved by the Board of Directors of the Los Angeles County
Metropolitan Transportation Authority at the June 2010 meeting is
deemed to be a technical study to be included in the comprehensive
analysis of the alternatives described in the draft environmental
impart report/environmental impact statement for the project, issued
in March, 2015. The lead agency, pursuant to Section 21091 of the
Public Resources Code, shall consider and respond, in writing, to
comments regarding the cost-benefits analysis submitted during the
public comment period for the draft environmental impact
report/environmental impact statement. The comments on the analysis
and the lead agency's responses are deemed to be a part of the record
of proceedings for purposes of the California Environmental Quality
Act. 
   SECTION 1.    Before making a final decision on the
Interstate 710 North Gap Closure project, the Board of Directors of
the Los Angeles County Metropolitan Transportation Authority shall do
all of the following:  
   (a) Hold three public hearings consistent with the requirements of
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2 of Title 5 of the Government Code) on the
cost-benefit analysis prepared for the project in response to a
motion approved by the board of directors at the June 2010 meeting.
 
   (b) Provide a 90-day, noticed public comment period on the
cost-benefit analysis.  
   (c) Respond to any comments received pursuant to subdivision (a)
or (b) in a standalone document.  
   (d) Post on its Internet Web site the standalone document prepared
pursuant to subdivision (c).  
   (e) Consider the standalone document at a noticed public hearing
consistent with the requirements of the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5
of the Government Code). 
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances regarding the  State
Route 710 North Study.   Interstate 710 North Gap
Closure project. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code. 
   SEC. 3.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   To ensure that comments on the cost-benefit analysis prepared for
the  State Route 710 North Study   Interstate
710 North Gap Closure project  in response to a motion approved
by the Board of Directors of the Los Angeles County Metropolitan
Transportation Authority at the June 2010 meeting are adequately
considered and responded  to during the environmental review
process required pursuant to the California Environmental Quality
Act,   to, it is necessary for this measure to take
effect immediately.