Bill Text: CA SB468 | 2011-2012 | Regular Session | Chaptered
Bill Title: Department of Transportation: north coast corridor
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-07 - Chaptered by Secretary of State. Chapter 535, Statutes of 2011. [SB468 Detail]
Download: California-2011-SB468-Chaptered.html
BILL NUMBER: SB 468 CHAPTERED
BILL TEXT
CHAPTER 535
FILED WITH SECRETARY OF STATE OCTOBER 7, 2011
APPROVED BY GOVERNOR OCTOBER 7, 2011
PASSED THE SENATE SEPTEMBER 9, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY AUGUST 26, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 29, 2011
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 17, 2011
AMENDED IN SENATE APRIL 26, 2011
AMENDED IN SENATE MARCH 29, 2011
INTRODUCED BY Senator Kehoe
FEBRUARY 17, 2011
An act to add Sections 103 and 149.10 to the Streets and Highways
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 468, Kehoe. Department of Transportation: north coast corridor
project: high-occupancy toll lanes.
Existing law provides that the Department of Transportation has
full possession and control of the state highway system. Existing law
imposes various requirements for the development and implementation
of transportation projects.
This bill would impose additional requirements on the department
with respect to specified highway projects on State Highway Route 5
in southern California, known collectively as the north coast
corridor project, that are located entirely or partially in the
coastal zone, including requiring the department to collaborate with
local agencies, the California Coastal Commission, and other affected
local, state, and federal agencies to ensure that multimodal
transportation options are evaluated and included in the public works
plan and, where appropriate, in the project design for the projects.
The bill would make these requirements applicable to the San Diego
Association of Governments (SANDAG) and would also require SANDAG,
for these projects, to establish a safe routes to transit program
that integrates the adopted regional bike plan with transit services
and, pursuant to SANDAG's agreement, as specified, to commit to
dedicate for regional habitat acquisition, management, and monitoring
activities a portion of specified taxes approved by the voters in
San Diego County. The bill would, for these projects, require the
department to suspend a notice of determination relating to
environmental impact, issued between January 1, 2011, and January 1,
2012, until it is determined that environmental documents for the
projects satisfy the requirements of the bill. The bill would also
make legislative findings and declarations.
Existing law authorizes SANDAG to conduct, administer, and
operate a value pricing high-occupancy toll (HOT) lane program on 2
corridors included in the high-occupancy vehicle lane system in San
Diego County.
This bill would also authorize SANDAG to conduct, administer, and
operate a value pricing HOT lane on State Highway Route 5. The bill
would require SANDAG to carry out the HOT lane program in cooperation
with the department and would require revenues from the program to
be used for the costs of the program, for improvement of transit
services, and for high-occupancy vehicle facilities.
By imposing additional requirements on SANDAG, this bill would
impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The California coastal zone is a unique natural resource, the
protection of which is recognized as a shared responsibility of the
state, local governments, and regional entities. State, local, and
regional agencies desiring to make investments in transportation
infrastructure within the coastal zone have an affirmative obligation
to ensure that investments do not compromise or diminish existing
natural resources, including the coastal zone flora and fauna, water
quality, and unique views.
(b) The coastal zone is also a unique economic resource with both
its natural and built environment being a destination for
individuals, families, and groups to enjoy the diversity of
recreational opportunities.
(c) Contributing to these ends, the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code) establishes policies for the protection and enhancement of
resources in the coastal zone as a priority of statewide importance.
(d) Transportation investments to be made in the coastal zone
should not erode the very qualities that make it an attractive
setting in which to live, work, and recreate.
(e) The California Coastal Act of 1976 is intended to protect,
maintain, and, where feasible, enhance and restore the overall
quality of the coastal zone environment and its natural and
artificial resources; ensure orderly, balanced utilization and
conservation of coastal zone resources taking into account the social
and economic needs of the people of the state; maximize public
access to and along the coast; and encourage state and local
initiatives and cooperation in preparing procedures to implement
coordinated planning and development for mutually beneficial uses in
the coastal zone.
(f) In accordance with the California Coastal Act of 1976, future
developments that are carefully planned and developed are essential
to the economic and social well-being of the people of this state and
especially to working persons employed within the coastal zone.
(g) The north coast corridor project is a 27-mile long series of
projects within the coastal zone that includes improvements to a
segment of State Highway Route 5, and the Los Angeles-San Diego-San
Luis Obispo (LOSSAN) rail corridor, and is projected to take up to 40
years to complete. The north coast corridor portion of the LOSSAN
rail corridor operates between the City of Oceanside and the City of
San Diego in San Diego County, with stations along its route. The
LOSSAN rail corridor is used for intercity and commuter rail
passenger service and for freight service and includes a portion of
the coastal rail trail. Where applicable, all references to the north
coast corridor project in this act are also a reference to the
individual projects making up the entire north coast corridor
project.
(h) The Department of Transportation (department) and the Federal
Highway Administration are responsible for developing an
environmental document and constructing improvements to State Highway
Route 5, and the department and the Federal Railroad Administration
have prepared a programmatic environmental document for the LOSSAN
corridor. Nothing in this section is intended to conflict with the
authority of the department, the San Diego Association of Governments
(SANDAG), or the Federal Railroad Administration to prepare one or
more project level environmental documents for all, or a portion of,
the LOSSAN corridor.
(i) SANDAG has agreed that it will be responsible for constructing
improvements in the LOSSAN corridor and funding portions of the
improvements to the LOSSAN corridor and State Highway Route 5 within
the north coast corridor using funding from a San Diego County
voter-approved transactions and use tax ordinance known as TransNet
(Proposition A, 2004). TransNet provides SANDAG with economic
benefits funding for use on regional environmental projects such as
those needed in the north coast corridor.
(j) The coastal lagoons in the north coast corridor have
historically experienced adverse impacts to water quality and to the
numerous and varied sensitive habitat areas, and to plant and
wildlife species supported within and adjacent to the lagoons.
Historical alteration of lagoon areas from construction of highway
and rail crossings and realignment or channelization of inland
waterways have affected water quality and directly impacted sensitive
habitat areas. These impacts have occurred over decades and require
substantial resources and major restoration efforts to remedy.
(k) Revenue from single-occupant-vehicle users of a managed lanes
system on State Highway Route 5 in the north coast corridor could
provide millions of dollars annually toward the support of transit
services and transportation improvements in the corridor.
(l) Reduced congestion in the north coast corridor would result in
less exhaust emissions per vehicle. Managed lanes and anticipated
congestion reduction on corridor general purpose lanes would help
reduce emissions per traveler and per trip in the north coast
corridor. The most recent air quality determinations for the San
Diego region air basin demonstrate that there is an urgency in
providing transportation options that will relieve health impacts,
reduce existing congestion on State Highway Route 5, and provide
enhanced transit services including nonmotorized options in the north
coast corridor.
(m) The ability to manage the use and vehicle composition of
managed lanes in the north coast corridor would provide flexibility
for changing the way the lanes on State Highway Route 5 are used in
the future. Changes to the use of managed lanes could address
changing technology, land use, travel patterns, travel demand,
economic conditions, and other travel characteristics, and allow for
higher vehicle occupancy, greater use of transit, or creation of a
truck route during certain times of day.
(n) The transportation sector of the economy is the largest
contributor of greenhouse gases in California. Activities that would
assist the San Diego region in meeting the reduction goals for
greenhouse gas emissions described in Assembly Bill 32 (Ch. 488,
Stats. 2006) and the objectives of Senate Bill 375 (Ch. 728, Stats.
2008), include the reduction of per capita vehicle miles traveled and
integrating transportation and land use to achieve high levels of
nonmotorized travel and transit use, achieving regional housing
needs, including identified affordable housing needs, reducing the
length of commutes, locating housing in closer proximity to job
centers, and other required or regionally recognized strategies that
address the relationships between land use, transportation, economic
considerations, air quality, and climate policy. It is the intent of
the Legislature that transportation infrastructure decisions
regarding the north coast corridor project achieve a coordinated and
balanced transportation system that considers both the short-term and
long-term future, and be consistent with the countywide goals and
objectives in the adopted Sustainable Communities Strategy for San
Diego County and the greenhouse gas reduction targets established by
the State Air Resources Board for San Diego, consistent with Senate
Bill 375 (Ch. 728, Stats. 2008), as well as other regional,
statewide, and national transportation and environmental quality
goals.
(o) The north coast corridor is a major economic corridor carrying
about one-third of all freight in the San Diego region. The total
value of goods transported on the north coast corridor via rail and
State Highway Route 5 is estimated at eighty-nine billion dollars
($89,000,000,000), and increased congestion in the north coast
corridor will cause a detrimental constraint on commerce and the
economy.
(p) Construction on the north coast corridor project is expected
to provide thousands of jobs within the state, as well as increased
recreation and goods movement revenue.
(q) Implementation of the objectives of the north coast corridor
project is critical to the environment, economy, and welfare of the
people in the San Diego region and throughout the state.
(r) Pursuant to Executive Order 13274, signed by President George
W. Bush on September 18, 2002, the portion of State Highway Route 5
in the north coast corridor has been designated by the Secretary of
Transportation as a high-priority transportation infrastructure
project entitled to expedited federal environmental reviews.
(s) The north coast corridor project and its public works plan
will meet the public needs of an area greater than that included in
any local permitting agency's certified local coastal program and the
breadth of those needs was not anticipated by the department and
SANDAG when the local coastal programs were certified by the
California Coastal Commission.
(t) The Legislature desires to address a balance of social,
economic, and environmental interests by providing for the ability of
the north coast corridor project to proceed if the project complies
with the California Coastal Act of 1976 along with the further
specifications in this act.
SEC. 2. Section 103 is added to the Streets and Highways Code, to
read:
103. (a) As used in this section, the following terms have the
following meanings:
(1) "Multimodal" means transportation options within a
transportation corridor, including, but not limited to, highways,
rail lines, pedestrian walkways and bike lanes, and commuter transit
services.
(2) "North coast corridor project" means a 27-mile long series of
projects within the coastal zone that includes improvements to a
segment of State Highway Route 5 and the portion of the Los
Angeles-San Diego-San Luis Obispo rail corridor between the City of
Oceanside and the City of San Diego in San Diego County.
(3) "8+4 Buffer Alternative" means the addition of a multimodal
managed lane facility consisting of two lanes on either side of State
Highway Route 5 within the north coast corridor, separated from
general purpose lanes by striping or other approved traffic control
devices, and which, to the maximum extent feasible, is built within
existing rights-of-way owned by the department. The managed lanes
would give priority to high-occupancy vehicles, vanpools, and one or
more bus rapid transit routes. Value pricing techniques would allow
single-occupant vehicles to use the facility by paying a toll, as
long as single-occupant vehicle use does not negatively impact the
transit uses of the managed lanes.
(4) "Public works plan" means a plan as described in Section
30605 of the Public Resources Code. A public works plan allows for an
integrated regulatory review by the California Coastal Commission
rather than a project-by-project approval approach, but does not
change or abridge any of the California Coastal Commission's existing
authorities, including, but not limited to, federal consistency
review authorities under the federal Coastal Zone Management Act of
1972 (16 U.S.C. Sec. 1451 et seq.). The public works plan allows for
an expedited process that describes, evaluates, and provides
mitigation measures for coastal access, highway, transit, multimodal
and community enhancement, and environmental mitigation projects
within the north coast corridor.
(b) A public works plan approved for the north coast corridor
project within the coastal zone shall include all of the elements of
the north coast corridor project to be carried out by the department
or the San Diego Association of Governments (SANDAG), including
coastal access, highway, transit, multimodal, community enhancement,
and environmental restoration, and mitigation projects. Once the
public works plan for the north coast corridor has been approved and
certified by the California Coastal Commission, subsequent review by
the California Coastal Commission of a notice of intent to develop
for a specific project in the public works plan shall be limited to
imposing conditions to ensure consistency of the project with the
public works plan. The public works plan shall satisfy all of the
following:
(1) Identify the California Coastal Commission's area of original
jurisdiction and provide a process for obtaining coastal development
permits from the California Coastal Commission directly in those
areas.
(2) Contain, but not be limited to, the following elements: the
type, size, intensity, and location of all development included in
the north coast corridor project; the maximum and minimum size of
facilities proposed to be constructed; the standards to which the
projects should conform; the thresholds for when amendments to the
public works plan may be required; and a proposed timetable and
phasing program for all projects.
(3) Establish the mitigation measures that the department and
SANDAG will be required to undertake prior to construction of each
phase. The mitigation measures shall be described with sufficient
detail to allow the department and SANDAG to accurately estimate the
cost and effort associated with each particular measure and avoid the
need for an amendment to the public works plan unless a project is
inconsistent with the project description in the approved public
works plan.
(4) Establish the process by which project design and mitigation
measures included in the public works plan, and the California
Coastal Commission's findings regarding those measures, may be
applied to subsequent coastal development permit approvals and other
approvals or determinations for subsequent phases of the project.
(c) For all elements of the north coast corridor project that are
located, entirely or in part, in the coastal zone, as defined by
Sections 30103 and 66610 of the Public Resources Code, the department
and SANDAG shall comply with all of the following requirements:
(1) Collaborate with all stakeholders, including local agencies
through which the proposed project traverses, the California Coastal
Commission, and other affected local, state, and federal agencies to
ensure that multimodal transportation options are evaluated and
included in the public works plan and, where appropriate, in the
project design.
(2) SANDAG shall establish a safe routes to transit program that
integrates the adopted regional bike plan with transit services.
(3) SANDAG shall recommend that the department select an
alternative no larger than the 8+4 Buffer Alternative as the
preferred alternative for the State Highway Route 5 north coast
corridor after it makes a finding that it is consistent with TransNet
as approved by voters in 2004. The determination of the preferred
alternative shall be made by the department and the Federal Highway
Administration in their environmental impact report or environmental
impact statement, and SANDAG shall include the preferred alternative
in its next update to the regional transportation plan.
(4) In order to reduce environmental impacts to the coastal
lagoons, both rail and highway bridges crossing each lagoon shall be
planned and constructed concurrently, unless construction in phases
will result in an environmentally superior alternative to concurrent
construction. SANDAG and the department shall ensure that bridges are
constructed to their ultimate width and length so that construction
impacts to each lagoon are minimized.
(5) The public works plan shall evaluate the traffic impacts of
the proposed capacity-increasing highway project on city and county
streets and roads within the coastal zone, and the department shall
consult with the affected local jurisdictions regarding those impacts
and include the results of the consultations within the public works
plan.
(6) Environmental consequences of the proposed north coast
corridor project shall be monitored to ensure that the benefits from
mitigation, as described in the permits issued for the individual
projects, are being achieved.
(7) Construction of all or a portion of the capacity-increasing
project on State Highway Route 5 shall move forward concurrently with
multimodal projects and environmental mitigation and enhancement
projects within each phase, as specified in the public works plan.
The phasing plan shall include criteria specified by the California
Coastal Commission within the public works plan that shall be met
before the next phase of development can occur, and each phase shall
include a balance of transit and highway improvements. Although the
department and SANDAG shall endeavor to maintain a balance of
transit, rail, highway, and environmental improvements in each phase,
nothing in this section is intended to limit the ability of the
department or SANDAG to seek a public works plan amendment from the
California Coastal Commission in order to accelerate a project from a
later phase in the public works plan if additional funding is
identified to carry out the project at an earlier stage than
originally intended.
(8) Prior to a public works plan being submitted to the California
Coastal Commission by the department and SANDAG, the department and
SANDAG shall provide at least two public hearings on the public works
plan for the north coast corridor project.
(9) SANDAG has agreed that it will be responsible for constructing
improvements in the Los Angeles-San Diego-San Luis Obispo rail
corridor and funding portions of the improvements to that corridor
and State Highway Route 5 within the north coast corridor using
funding from a San Diego County voter-approved transaction and use
tax ordinance known as TransNet. Pursuant to that agreement, SANDAG
shall commit to dedicate a portion of the TransNet Regional Habitat
Conservation Fund for regional habitat acquisition, management, and
monitoring activities necessary to implement habitat conservation
plans based on the estimated economic benefits derived from
permitting and approval efficiencies on the north coast corridor
project as a result of the procedures of this section, with that
funding to be released by SANDAG in phases based upon the proportion
of project work that has been issued permits, consistency reviews, or
other applicable approvals, and in accordance with any other
criteria as deemed appropriate by SANDAG taking into account the
purpose and intent of TransNet.
(d) The California Coastal Commission, the department, and SANDAG
shall work cooperatively toward completing all design approvals,
reviews, determinations, and permitting for the north coast corridor
project on an expedited basis. To meet the goals in this section, the
following provisions shall apply:
(1) The Legislature finds that it is the California Coastal
Commission's role to apply a regional or statewide perspective to
land use debates where the use in question is of greater than local
significance. To that end, the California Coastal Commission is
authorized to utilize Section 30515 of the Public Resources Code for
the north coast corridor project and the process referenced in that
section may be streamlined pursuant to agreement between the
California Coastal Commission and those jurisdictions with an
approved local coastal program.
(2) The department and SANDAG shall perform work and complete
development consistent with the phasing program adopted in the public
works plan pursuant to subdivision (b) unless changes are reviewed
and approved by the California Coastal Commission.
(3) A public works plan prepared for the north coast corridor
project by the department and SANDAG shall be treated as a long-range
development plan to which the provisions in Sections 21080.5 and
21080.9 of the Public Resources Code shall apply.
(4) A permitting agency's decision to review and approve a public
works plan, a plan amendment, or related notice of impending
development, make a consistency determination, or issue a permit for
the north coast corridor project shall be reviewed under the
substantial evidence standard.
(5) The Legislature finds that the California Coastal Commission,
the department, and SANDAG have agreed that, following approval of
the public works plan, the California Coastal Commission shall limit
its subsequent regulatory review of the rail aspects of the north
coast corridor project to federal consistency.
(e) A notice of determination issued pursuant to Section 21108 or
21152 of the Public Resources Code after January 1, 2011, but prior
to January 1, 2012, for a project subject to this section shall be
suspended by the department until it is determined that the project's
environmental documents are consistent with the provisions of this
section.
(f) (1) Nothing in this section shall be construed to supersede,
or in any way alter or lessen the effect or application of, the
California Coastal Act of 1976 (Division 20 (commencing with Section
30000) of the Public Resources Code).
(2) Nothing in this section shall be construed to narrow the
authority of the California Coastal Commission, at any stage of the
approval or review process, to resolve policy conflicts pursuant to
Section 30200 of the Public Resources Code.
(3) Nothing in this section is intended to apply to any program,
project, or other activity that is not related to the north coast
corridor project.
SEC. 3. Section 149.10 is added to the Streets and Highways Code,
to read:
149.10. (a) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the San Diego Association of
Governments (SANDAG) may conduct, administer, and operate a value
pricing and transit development program on the State Highway Route 5
in managed lanes serving as a high-occupancy vehicle expressway. The
program, under the circumstances described in subdivision (b), may
direct and authorize the entry and use of the State Highway Route 5
high-occupancy vehicle lanes by single-occupant vehicles during peak
periods, as defined by SANDAG, for a fee. The amount of the fee shall
be established from time to time by SANDAG, and collected in a
manner determined by SANDAG.
(b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and SANDAG
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department and
SANDAG shall evaluate the impacts of these levels of service of the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and SANDAG. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
(c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the State Highway Route 5
high-occupancy vehicle lanes are exempt from Section 21655.5 of the
Vehicle Code, and the driver shall not be in violation of the Vehicle
Code because of that entry and use.
(d) SANDAG shall carry out the program in cooperation with the
department and shall consult the department in the operation of the
project and on matters related to highway design and construction.
With the assistance of the department, SANDAG shall establish
appropriate traffic flow guidelines for the purpose of ensuring
optimal use of the express lanes by high-occupancy vehicles.
(e) (1) Agreements between SANDAG, the department, and the
Department of the California Highway Patrol shall identify the
respective obligations and liabilities of those entities and assign
them responsibilities relating to the program. The agreements entered
into pursuant to this section shall be consistent with agreements
between the department and the United States Department of
Transportation relating to this program and shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes. The agreements shall provide for
reimbursement of state agencies, from revenues generated by the
program, federal funds specifically allocated to SANDAG for the
program by the federal government, or other funding sources that are
not otherwise available to state agencies for transportation-related
projects, for costs incurred in connection with the implementation or
operation of the program. Reimbursement for SANDAG's program-related
planning and administrative costs in the operation of the program
shall not exceed 3 percent of the revenues.
(2) All remaining revenue shall be used in the State Highway Route
5 corridor exclusively for (A) the improvement of transit service,
including, but not limited to, construction of transit facilities and
support for transit operations, and (B) high-occupancy vehicle
facilities.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.
