Bill Text: CA SB204 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local alternative transportation improvement program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-09-30 - In Senate. Consideration of Governor's veto pending. [SB204 Detail]

Download: California-2011-SB204-Amended.html

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BILL NUMBER: SB 204	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JUNE 7, 2012
	AMENDED IN SENATE  APRIL 26, 2011

INTRODUCED BY   Senator Liu
    (   Coauthor:   Assembly Member  
Gatto   ) 

                        FEBRUARY 8, 2011

   An act to amend Section 14528.56 of, and to add Sections 14528.57
and 14528.67 to, the Government Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, as amended, Liu. Local alternative transportation
improvement program.
   Under existing law, if the Department of Transportation determines
that real property or an interest therein, previously or hereafter
acquired by the state for highway purposes, is no longer necessary
for those purposes, the Department of Transportation is authorized to
sell, contract to sell, sell by trust deed, or exchange the real
property or interest therein in the manner and upon terms, standards,
and conditions established by the California Transportation
Commission.
   Existing law authorizes the commission, in cooperation with the
regional transportation planning agencies, to prescribe study areas
for analysis and evaluation by those agencies and guidelines for the
preparation of the regional transportation plans.
   Existing law, in order to resolve local transportation problems
resulting from the infeasibility of planned state transportation
facilities on certain state highway routes, authorizes specified
cities and counties to develop and file with the commission a local
alternative transportation improvement program that addresses
transportation problems and opportunities in the county that was to
be served by the planned facilities. Existing law creates the Los
Angeles County Metropolitan Transportation Authority (LACMTA) and
makes it responsible for, among other things, the establishment of
overall goals and objectives to achieve optimal transport service for
the movement of goods and people on a countywide basis.
   This bill would, for purposes of preserving the funding capacity
for LACMTA to make transportation investment choices within the State
Highway Route 710 Study Area, as defined, authorize LACMTA in
consultation with the department and jointly with specified cities,
to develop and file with the commission a local alternative
transportation improvement program that addresses transportation
problems and opportunities in specified cities. The bill would
require the commission to have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The bill would require all proceeds from the
sale of the specified excess properties, except as specified, to be
allocated by the commission to fund the approved local alternative
transportation improvement program, as specified. The bill would
require the commission and the department to declare as excess state
properties, the surface estates of certain properties, acquired for
the Route 710 surface freeway extension and require the department to
expeditiously release those properties for sale, as specified. The
bill would require that tenants  in good standing  of
nonresidential properties be offered a right of first refusal to
purchase at fair market value the property. The bill would provide
that the sale proceeds may not be used on any activity to advance
 a   any  subsurface alternative for the
Route 710 North Gap Closure Project.
   Existing law imposes various requirements on these local
alternative transportation improvement programs including that the
department is required to maintain a specified account for each local
alternative transportation improvement program into which it will
deposit the funds derived from the sale of the respective excess
properties. Existing law also requires a specified local alternative
transportation improvement program to include various housing
programs, including, but not limited to, relocation assistance,
relocation advice and moving expenses, and replacement housing units.

   This bill would make the local alternative transportation
improvement program in the State Highway Route 710 Study Area subject
to those account and deposit requirements and would authorize
LACMTA, with the concurrence of the commission and the department, to
advance a project included in the local alternative transportation
improvement program in the study area prior to the availability of
sufficient funds, as specified. The bill would make certain of those
housing program provisions applicable to the local alternative
transportation improvement program in the State Highway Route 710
Study Area.
   The bill would enact other related provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14528.56 of the Government Code is amended to
read:
   14528.56.  The following shall pertain to local alternative
transportation improvement programs developed and approved pursuant
to Sections 14528.5, 14528.55, and 14528.57:
   (a) The department shall maintain a separate account in the state'
s Special Deposit Fund for each approved local alternative
transportation improvement program into which it will deposit the
funds derived from the sale of the respective excess properties
pursuant to subdivision (c) of Section 14528.5, subdivision (c) of
Section 14528.55, and subdivision (c) of Section 14528.57. All
proceeds received by the department from the sale of those excess
properties that are available pursuant to those subdivisions for the
respective local alternative transportation improvement programs,
less reimbursement for costs incurred by the department for
administration of each account, shall be deposited in each respective
account, along with all interest earnings generated by the funds in
the respective account.
   (b) Funds in each account shall be available for expenditure by
the local agencies for projects designated in the respective local
alternative transportation improvement program approved by the
commission pursuant to Section 14528.5, 14528.55, or 14528.57.
   (c) This section applies only to State Highway Routes 84, 238, and
710, and to the local alternative transportation programs approved
pursuant to Section 14528.5, 14528.55, or 14528.57.
   (d) Section 14528.8 does not apply to projects undertaken pursuant
to Section 14528.5, 14528.55, or 14528.57.
   (e) (1) A local jurisdiction may, with the concurrence of the
appropriate transportation planning agency, the commission, and the
department, advance a project included in the local alternative
transportation improvement programs approved under Section 14528.5 or
14528.55 prior to the availability of sufficient funds from the sale
of respective excess properties, through the use of its own funds. A
project advanced in this manner shall be deliverable by the state,
or by the local jurisdiction pursuant to agreement, when proposed by
the local jurisdiction. Advancement of a project or projects shall
not change the priority for funding and delivery of all projects
within each respective approved local alternative transportation
improvement program.
   (2) The Los Angeles County Metropolitan Transportation Authority
(LACMTA) may, with the concurrence of the commission and the
department, advance a project included in the local alternative
transportation improvement program approved under Section 14528.57
prior to availability of sufficient funds from the sale of the
respective excess properties, through the use of its own funds or
funds otherwise available to LACMTA, subject to such terms and
conditions as are mutually agreeable to the commission, the
department, the cities with which the local alternative improvement
plan was developed, and LACMTA.
   (f) A local agency may enter into an agreement with the
appropriate transportation planning agency, the department, and the
commission to use its own funds to develop, purchase right-of-way
for, and construct a transportation project within its jurisdiction
if the project is one that is included in the respective local
alternative transportation improvement program and is funded by the
individual account established in the Special Deposit Fund pursuant
to subdivision (a), and meets all of the following requirements:
   (1) Pursuant to the agreement, and from funds allocated by the
commission for the project when scheduled in the local alternative
transportation improvement program, the department shall reimburse
the local agency for the actual cost of constructing the project,
including the acquisition of right-of-way. Interest or other debt
service costs incurred by local agencies to finance right-of-way
acquisition or construction for the project are not reimbursable.
Reimbursement made to a local agency pursuant to this subdivision
shall be made from the respective account established in the Special
Deposit Fund.
   (2) The amount actually reimbursed to the local agency under
paragraph (1) shall be the amount expended by the local agency for
right-of-way and construction. If the expenditure of local funds does
not result in the completion of an operable segment of a
transportation project, reimbursement shall be limited to the actual
amount expended by the local agency for right-of-way or partial
construction, with no escalation factor.
   (3) Pursuant to the agreement, and from funds allocated by the
commission for the project when it was scheduled in the local
respective alternative transportation improvement program, the
department shall reimburse the local agency for the actual cost of
developing the project with local funds pursuant to this subdivision.
Reimbursement of project development costs shall not exceed 20
percent of estimated construction costs. In no case shall this
reimbursement exceed any lesser amount mutually agreed to by the
department, commission, and local agency.
   (4) Reimbursements made to local agencies pursuant to this section
for expenditures of local voter-approved sales and use tax revenues
shall be used for the same purposes for which the imposition of the
sales and use tax is authorized.
   (5) The commission, in consultation with the department and local
transportation officials, shall develop and adopt guidelines to
implement this subdivision.
   (g) At the time of its approval of the respective local
alternative transportation improvement program, the commission, in
consultation with the department and representatives from regional
and local agencies, shall also incorporate, into the state
transportation improvement program guidelines, additional guidelines
specific to the local alternative transportation improvement program.
The additional guidelines shall include, but need not be limited to,
criteria for project applications, estimation of costs, assessment
of capability to complete the project, allocation of funds to project
phases, timely expenditure of funds, management of changes to cost,
scope, and schedules, assessment of progress in implementing
projects, and audit requirements.
  SEC. 2.  Section 14528.57 is added to the Government Code, to read:

   14528.57.  (a) For purposes of preserving the funding capacity for
the Los Angeles County Metropolitan Transportation Authority
(LACMTA) to make transportation investment choices within the State
Highway Route 710 Study Area, LACMTA in consultation with the
department, acting as the transportation planning agency having
transportation planning and programming jurisdiction over the cities
and portions of the County of Los Angeles in the State Highway Route
710 Study Area  , may,   and acting 
jointly with the cities in which any excess properties are located,
 may  develop and file with the commission a local
alternative transportation improvement program that addresses
transportation problems and opportunities in those cities.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program, which approval shall include a finding by the
commission that the plan includes feasible funding, plans, and
capacity to meet the requirements of this section and Section
14528.67. However, the program content and approval process shall be
consistent with that process as previously developed by the
commission in implementing a local alternative transportation program
pursuant to Sections 14528.5 and 14528.55.
   (c) The commission and the department shall declare as excess
state properties the surface estates of any properties acquired for
construction of the State Highway Route 710 extension in Pasadena,
South Pasadena, Alhambra, and the City of Los Angeles, upon the
elimination of a surface freeway construction alternative from
further consideration in the environmental review of the State
Highway Route 710 North Gap Closure Project, or completion of the
draft  EIR   environmental impact report (EIR)
 and selection by the department of the locally preferred
alternative for that project, whichever occurs first. The department
shall then proceed expeditiously to release those excess properties
for sale in accordance with other provisions of law. Tenants  in
good standing  of nonresidential properties shall be offered a
right of first refusal to purchase at fair market value the property
they rent, lease, or otherwise legally occupy.
   (d) All proceeds from the sale of the excess properties, less any
reimbursements due to the federal government and all costs incurred
in the sale of those excess properties, shall be allocated by the
commission to fund the approved local alternative transportation
improvement program and shall not be subject to Sections 188 and
188.8 of the Streets and Highways Code. Except as provided in Section
14528.67, the proceeds shall be used only for  state highway
purposes or for  projects  included  in the local
alternative transportation improvement program.
   (e) No proceeds from the sale of excess properties shall be spent
on any activity to advance  a   any 
subsurface alternative as the State Highway Route 710 North Gap
Closure Project, including, but not limited to, all planning,
studying, staffing, or construction.
   (f) For purposes of this section, "excess properties" means those
properties previously acquired but no longer required to construct a
surface freeway project in the State Highway Route 710 Study Area.
   (g) For purposes of this section, the "State Highway Route 710
Study Area" means the portion of the County of Los Angeles identified
through the scoping process for the State Highway Route 710 North
Gap Closure Project environmental assessment.
  SEC. 3.  Section 14528.67 is added to the Government Code, to read:

   14528.67.  A local alternative transportation improvement program,
approved pursuant to Section 14528.57, shall include all of the
following:
   (a) A program to provide relocation assistance for residents
eligible for relocation assistance pursuant to Chapter 16 (commencing
with Section 7260) of Division 7 of Title 1, and guidelines adopted
pursuant to Section 50460 of the Health and Safety Code.
   (b) A program to provide relocation assistance for all lower
income households, regardless of their eligibility for assistance
pursuant to subdivision (a), who will be displaced from their
residences because of actions taken to  finance or 
implement the local alternative improvement transportation program,
including sale or removal of their residences. To be eligible for
assistance pursuant to this subdivision, lower income households
shall have occupied their residence within one year of the date that
the local alternative transportation improvement program was approved
by the commission. The program shall comply with the requirements,
except eligibility requirements, of Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1, and with guidelines adopted
pursuant to Section 50460 of the Health and Safety Code.
   (c) A program to provide all persons or families who are not
otherwise eligible for assistance pursuant to subdivisions (a) and
(b) with relocation advice and moving expenses, as defined in Section
7261 and subdivisions (a) and (b) of Section 7262.
   (d) A program to provide replacement housing units for persons and
families of low or moderate income at an affordable housing cost. At
a minimum, the program shall provide that the total number of new
units for persons or families of low or moderate income to be
provided shall be equal to or greater than the number of units
occupied by persons or families of low or moderate income displaced
by the local alternative transportation improvement program, and that
the total number of new housing units to be provided for lower
income households shall be equal to or greater than the number of
units occupied by lower income households displaced by the local
alternative transportation improvement program. The number of units
so provided shall be determined at least one year prior to the date
the commission approves the local alternative transportation
improvement program. If it is not feasible to replace the total
number of units required on surplus public property, other types of
property shall be used in order to provide the replacement units.
Replacement of the units  shall be completed utilizing funds
other than those derived from the sale of excess properties and
 shall be completed within four years of the date the
persons or families are displaced or, if unoccupied, from the date of
demolition or removal. Unoccupied units shall be replaced in the
same ratio as units occupied by persons and families of low and
moderate income in the right-of-way. It shall be an objective of the
program that, where financially feasible, the number of new housing
units for persons and families of low or moderate income shall be not
less than 20 percent of all new housing units developed on the
aggregate surplus public property.
   (e) For purposes of this section, the terms "affordable housing
cost," "lower income households," and "persons and families of low or
moderate income" shall be defined as provided in Division 31
(commencing with Section 50000) of the Health and Safety Code.
   (f) Unless specifically stated, this section shall in no way
reduce or limit any requirements for the provision of housing for
persons or families of low or moderate income as contained in any
other provision of law, including, but not limited to, Article 8.5
(commencing with Section 54235) of Chapter 5 of Part 1 of Division 2
of Title 5.