SB 989: State highways: Route 84: relinquishment.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-17
Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish to the City of Fremont a specified portion of Route 84 within its city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish to the City of Fremont a specified portion of Route 84 within its city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
Existing law provides that the Department of Transportation has full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish to the City of Fremont a specified portion of Route 84 within its city limits, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
(a)Route 84 is from:
(1)Route 1 near San Gregorio to Route 101 at Woodside Road in Redwood City.
(2)Route 101 at Marsh Road in Menlo Park to Route 880.
(3)Route 880 to Route 238.
(4)Route 238 to Route 680 near Scotts Corners via the vicinity of Sunol.
(5)Route 680 near Scotts Corners to Route 580 in Livermore.
(6)Route 580 in Livermore to Route 4 near Brentwood.
(7)Route 12 at Rio Vista to the southerly city limit of the City of West Sacramento.
(b)The relinquished former portion of Route 84 within the City of West Sacramento is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 84, the City of West Sacramento shall maintain signs within its jurisdictions directing motorists to the continuation of Route 84.
(c)(1)The commission may relinquish to the City of Fremont the portion of Route 84 within its city limits between Route 880, approximately post mile 6.922, and Route 238 Mission Boulevard, approximately post mile 10.83, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
(2)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(3)On and after the effective date of the relinquishment, all of the following shall occur:
(A)The relinquished portion of Route 84 shall cease to be a state highway.
(B)The relinquished portion of Route 84 shall be ineligible for future adoption under Section 81.
(C) For the relinquished portion of Route 84, the City of Fremont shall maintain signs within its jurisdiction directing motorists to the continuation of Route 84.
(a)Route 84 is from:
(1)Route 1 near San Gregorio to Route 101 at Woodside Road in Redwood City.
(2)Route 101 at Marsh Road in Menlo Park to Route 880.
(3)Route 880 to Route 238.
(4)Route 238 to Route 680 near Scotts Corners via the vicinity of Sunol.
(5)Route 680 near Scotts Corners to Route 580 in Livermore.
(6)Route 580 in Livermore to Route 4 near Brentwood.
(7)Route 12 at Rio Vista to the southerly city limit of the City of West Sacramento.
(b)The relinquished former portion of Route 84 within the City of West Sacramento is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 84, the City of West Sacramento shall maintain signs within its jurisdictions directing motorists to the continuation of Route 84.
(c)(1)The commission may relinquish to the City of Fremont the portion of Route 84 within its city limits between Route 880, approximately post mile 6.922, and Route 238 Mission Boulevard, approximately post mile 10.83, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
(2)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(3)On and after the effective date of the relinquishment, all of the following shall occur:
(A)The relinquished portion of Route 84 shall cease to be a state highway.
(B)The relinquished portion of Route 84 shall be ineligible for future adoption under Section 81.
(C) For the relinquished portion of Route 84, the City of Fremont shall maintain signs within its jurisdiction directing motorists to the continuation of Route 84.
(a)Route 84 is from:
(1)Route 1 near San Gregorio to Route 101 at Woodside Road in Redwood City.
(2)Route 101 at Marsh Road in Menlo Park to Route 880.
(3)Route 880 to Route 238.
(4)Route 238 to Route 680 near Scotts Corners via the vicinity of Sunol.
(5)Route 680 near Scotts Corners to Route 580 in Livermore.
(6)Route 580 in Livermore to Route 4 near Brentwood.
(7)Route 12 at Rio Vista to the southerly city limit of the City of West Sacramento.
(b)The relinquished former portion of Route 84 within the City of West Sacramento is not a state highway and is not eligible for adoption under Section 81. For the relinquished former portion of Route 84, the City of West Sacramento shall maintain signs within its jurisdictions directing motorists to the continuation of Route 84.
(c)(1)The commission may relinquish to the City of Fremont the portion of Route 84 within its city limits between Route 880, approximately post mile 6.922, and Route 238 Mission Boulevard, approximately post mile 10.83, upon terms and conditions the commission finds to be in the best interests of the state, if the department and the city enter into an agreement providing for that relinquishment.
(2)A relinquishment under this section shall become effective on the date following the county recorders recordation of the relinquishment resolution containing the commissions approval of the terms and conditions of the relinquishment.
(3)On and after the effective date of the relinquishment, all of the following shall occur:
(A)The relinquished portion of Route 84 shall cease to be a state highway.
(B)The relinquished portion of Route 84 shall be ineligible for future adoption under Section 81.
(C) For the relinquished portion of Route 84, the City of Fremont shall maintain signs within its jurisdiction directing motorists to the continuation of Route 84.
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Date
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Status
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| Sep 17, 2018 | Chaptered by Secretary of State. Chapter 461, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2018 | In Senate. Ordered to engrossing and enrolling. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 17. Noes 0.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 11, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 11). Re-referred to Com. on APPR. |
| May 7, 2018 | Referred to Com. on TRANS. |
| Apr 30, 2018 | In Assembly. Read first time. Held at Desk. |
| Apr 30, 2018 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| Apr 24, 2018 | Read second time. Ordered to third reading. |
| Apr 23, 2018 | From committee: Do pass. (Ayes 7. Noes 0.) (April 23). |
| Apr 13, 2018 | Set for hearing April 23. |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Apr 5, 2018 | Set for hearing April 10. |
| Feb 14, 2018 | Referred to Com. on T. & H. |
| Feb 6, 2018 | From printer. May be acted upon on or after March 8. |
| Feb 5, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 27, 2018 | SB 989 Wieckowski Senate Third Reading By QUIRK | Assembly Floor |
Passed |
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| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
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| Jun 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
Passed |
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| Apr 30, 2018 | Senate 3rd Reading SB989 Wieckowski | Senate Floor |
Passed |
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| Apr 23, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
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| Apr 10, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Alameda County Transportation Commission | ** Support | Jun 8, 2018 |
| City of Fremont | ** Support | Jun 8, 2018 |
SENATE THIRD READING
STR Bill Id:SB 989
Author:(Wieckowski)
As Introduced Ver:February 5, 2018
Majority vote
SENATE VOTE: 36-0
Committee | Votes | Ayes | Noes |
Transportation | 14-0 | Frazier, Fong, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Harper, Mathis, Medina, Nazarian, O'Donnell | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
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SUMMARY: Allows the California Transportation Commission (CTC) to relinquish a portion of State Route (SR) 84 to the City of Fremont. Specifically, this bill:
- Authorizes CTC, upon a determination that it is the best interest of the state to do so and upon an agreement between the California Department of Transportation (Caltrans) and the City of Fremont, to relinquish the portion of SR 84 between SR 880 and SR 238 Mission Boulevard.
- Provides that the relinquishment will become effective immediately following recordation of the relinquishment resolution.
- Specifies that following the effective date of relinquishment, the relinquished segment will no longer be a state highway and is ineligible for future adoption as a state highway.
- Requires the City of Fremont to maintain signage directing motorists to the continuation of SR 84.
EXISTING LAW:
- Defines a "state highway" as any roadway that is acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization.
- Statutorily identifies state highway system routes.
- Specifies that it is the intent of the Legislature that the prescribed routes of the state highway system connect communities and regions of the state and that they serve the state's economy by connecting centers of commerce, industry, agriculture, mineral wealth, and recreation.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Potentially significant one-time State Highway Account (SHA) costs depending on the outcome of negotiations between Caltrans and the City of Fremont. While Caltrans and the City of Fremont and other public agencies have entered into a memorandum of understanding (MOU) regarding numerous improvements along the SR 84 corridor that suggests the state will have no significant costs to relinquish the highway, the MOU provides that specific funding commitments are subject to separate cooperative agreements and potentially subject to CTC approval of funds. Thus, it is possible Caltrans will have costs to bring the highway into a state of good repair before it can be relinquished as part of any final agreements negotiated. According to Caltrans, recent highway relinquishments have ranged from no initial cost to the low tens-of-millions of dollars.
- Moderate long-term maintenance and repair savings to Caltrans, if the CTC exercises its authority to relinquish the highway segment.
COMMENTS: Each session, numerous bills authorizing CTC to relinquish segments of the state highway to local jurisdictions are passed by the Legislature and signed by the Governor. Relinquishment transactions are generally preceded by a negotiation of terms and conditions between the local jurisdiction and Caltrans. Once an agreement has been established, the Legislature authorizes CTC to relinquish the segment and CTC then approves the relinquishment and verifies its approval via resolution. The final step is for the Legislature to delete these segments from current law.
This bill is consistent with Caltrans' policies encouraging the relinquishment of state highways that do not serve regional or statewide transportation needs. Recipient agencies often seek relinquishment of state highways so that they can have greater control over the facility, which often serves as a local street.
According to the author, in 2006, the City of Fremont signed an MOU with Caltrans, the Alameda County Transportation Commission (ACTC) and Union City to relinquish a portion of SR 84 to the City of Fremont. Under the MOU, the relinquished portion would be granted to Fremont once Caltrans had the funds available from the Local Alternative Transportation Improvement Program (LATIP) to upgrade the roadway to a state of good repair. A LATIP is a unique opportunity created through legislation for a transportation challenge to be addressed through alternative means to the state's system plan and includes the sales of excess property to fund the new alternative. In 2011, the relinquishment process was underway in conjunction with a redevelopment project, but abruptly ended when redevelopment agencies were eliminated statutorily. In 2017, the City of Fremont obtained a grant from ACTC to enhance portion of SR 84 to a multi-modal complete street. As part of the project, the city would like to integrate the relinquishment and related improvements. This bill will relinquish a portion of SR 84 to allow the City of Fremont to make much needed and long-anticipated transit improvements in the region. Although LATIP funding from the sale of excess SR 84 property is not currently available, it should be by the time the city begins construction of its complete street project. If not, the city has agreed to advance the necessary funding until LATIP funding is available.
In July 2011, Caltrans released an analysis which found that the SR 84 relinquishment segment specified in this bill "does not provide significant benefit to interregional or regional travel demand" and therefore, "it is recommended that SR 84 be relinquished to the City of Fremont."
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0004138
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 989
Author:(Wieckowski) – As Introduced Ver:February 5, 2018
Policy Committee: | Transportation | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows the California Transportation Commission (CTC) to relinquish to the City of Fremont a portion of State Route (SR) 84 within the city’s limits if the CTC determines it is in the best interest of the state and upon an agreement between the California Department of Transportation (Caltrans) and the City of Fremont.
FISCAL EFFECT:
- Potentially significant one-time State Highway Account (SHA) costs depending on the outcome of negotiations between Caltrans and the City of Fremont. While Caltrans and the City of Fremont and other public agencies have entered into a memorandum of understanding (MOU) regarding numerous improvements along the SR 84 corridor that suggests the state will have no significant costs to relinquish the highway, the MOU provides that specific funding commitments are subject to separate cooperative agreements and potentially subject to CTC approval of funds. Thus, it is possible Caltrans will have costs to bring the highway into a state of good repair before it can be relinquished as part of any final agreements negotiated. According to Caltrans, recent highway relinquishments have ranged from no initial cost to the low tens-of-millions of dollars.
- Moderate long-term maintenance and repair savings to Caltrans, if the CTC exercises its authority to relinquish the highway segment.
COMMENTS:
- Background and purpose. Legislation is required before any segment of state highway can be relinquished to another governmental entity. Relinquishment provides the recipient agency with more control over a local transportation project and relieves Caltrans of further responsibility to improve, maintain, or repair infrastructure related to the relinquished state highway segment. The segment of SR 84 considered for relinquishment in this bill runs between SR 880 and SR 238 Mission Boulevard in the City of Fremont. This bill will allow the CTC to relinquish this highway segment to make needed transit improvements.
- Costs depend on agreement between Caltrans and local jurisdictions. According to Caltrans, in recent years the initial cost of relinquishments has ranged from no cost to over $14 million. These costs are driven by a number of factors, including the size of the roadway, the condition, projected maintenance costs, and any planned capital projects. The actual cost of a particular relinquishment is negotiated directly with the local agency, but must be based on a cost-benefit analysis using a 10-year analysis period.
- Related legislation.
AB 2473 (Bonta), of the current legislative session, allows the CTC to relinquish SR 185 to the City of San Leandro. AB 2473 is pending hearing in the Senate Appropriations Committee.
AB 2272 (Mayes), of the current legislative session, allows the CTC to relinquish a portion of SR 111 to the City of Palm Springs. AB 2272 is pending hearing in the Senate Appropriations Committee.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 11, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 989
Author:(Wieckowski) – As Introduced Ver:February 5, 2018
SENATE VOTE: 36-0
SUBJECT: State highways: relinquishment
SUMMARY: Allows the California Transportation Commission (CTC) to relinquish a portion of State Route (SR) 84 to the City of Fremont. Specifically, this bill:
- Authorizes CTC, upon a determination that it is the best interest of the state to do so and upon an agreement between the California Department of Transportation (Caltrans) and the City of Fremont, to relinquish the portion of SR 84 between SR 880 and SR 238 Mission Boulevard.
- Provides that the relinquishment will become effective immediately following recordation of the relinquishment resolution.
- Specifies that following the effective date of relinquishment, the relinquished segment will no longer be a state highway and is ineligible for future adoption as a state highway.
- Requires the City of Fremont to maintain signage directing motorists to the continuation of SR 84.
EXISTING LAW:
- Defines a "state highway" as any roadway that is acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization.
- Statutorily identifies state highway system routes.
- Specifies that it is the intent of the Legislature that the prescribed routes of the state highway system connect communities and regions of the state and that they serve the state's economy by connecting centers of commerce, industry, agriculture, mineral wealth, and recreation.
FISCAL EFFECT: According to the Senate Appropriations Committee, Caltrans does not expect to incur any additional state costs related to this relinquishment, but expects ongoing annual savings in future years due to avoided maintenance costs on the relinquished segment.
COMMENTS: Each session, numerous bills authorizing CTC to relinquish segments of the state highway to local jurisdictions are passed by the Legislature and signed by the Governor. Relinquishment transactions are generally preceded by a negotiation of terms and conditions between the local jurisdiction and Caltrans. Once an agreement has been established, the Legislature authorizes CTC to relinquish the segment and CTC then approves the relinquishment and verifies its approval via resolution. The final step is for the Legislature to delete these segments from current law.
This bill is consistent with Caltrans' policies encouraging the relinquishment of state highways that do not serve regional or statewide transportation needs. Recipient agencies often seek relinquishment of state highways so that they can have greater control over the facility, which often serves as a local street.
According to the author, in 2006, the City of Fremont signed a Memorandum of Understanding (MOU) with Caltrans, the Alameda County Transportation Commission (ACTC) and Union City to relinquish a portion of SR 84 to the City of Fremont. Under the MOU, the relinquished portion would be granted to Fremont once Caltrans had the funds available from the Local Alternative Transportation Improvement Program (LATIP) to upgrade the roadway to a state of good repair. A LATIP is a unique opportunity created through legislation for a transportation challenge to be addressed through alternative means to the state’s system plan and includes the sales of excess property to fund the new alternative. In 2011, the relinquishment process was underway in conjunction with a redevelopment project, but abruptly ended when redevelopment agencies were eliminated statutorily. In 2017, the City of Fremont obtained a grant from ACTC to enhance portion of SR 84 to a multi-modal complete street. As part of the project, the city would like to integrate the relinquishment and related improvements. This bill will relinquish a portion of SR 84 to allow the City of Fremont to make much needed and long-anticipated transit improvements in the region. Although LATIP funding from the sale of excess SR 84 property is not currently available, it should be by the time the city begins construction of its complete street project. If not, the city has agreed to advance the necessary funding until LATIP funding is available.
In July 2011, Caltrans released an analysis which found that the SR 84 relinquishment segment specified in this bill “does not provide significant benefit to interregional or regional travel demand” and therefore, “it is recommended that SR 84 be relinquished to the City of Fremont.”
REGISTERED SUPPORT / OPPOSITION:
Support
City of Fremont (Sponsor)
Alameda County Transportation Commission
Opposition
None on file
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 989
:
SENATE TRANS. & HOUSING COMMITTEE: 13-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wieckowski, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/23/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill allows the California Transportation Commission (CTC) to relinquish segments of State Route (SR) 84 in the City of Fremont.
Existing law:
- Identifies the California state highway system through a description of segments of the state’s regional and interregional roads that are owned and operated by the Department of Transportation (Caltrans).
- Defines a “state highway” as any roadway that is acquired, laid out, constructed, improved, or maintained as a state highway according to legislative authorization.
- Specifies that it is the intent of the Legislature for the routes of the state highway system to connect the communities and regions of the state and that they serve the state’s economy by connecting centers of commerce, industry, agriculture, mineral wealth, and recreation.
- Provides that any expansion or deletion of the state highway system occurs through a statutory process requiring the CTC to make findings that it is in the best interest of the state to include or delete a specified portion of roadway from the system.
This bill:
- Authorizes CTC, upon a determination that it is the best interest of the state to do so and upon an agreement between Caltrans and the City of Freemont, to relinquish that portion of SR 84 that lies within the applicable city limits.
2) Provides that the relinquishments will become effective on the date following the county recordation of the relinquishment resolutions containing CTC’s approval of the specified terms and conditions.
3) Specifies that, following the effective date of relinquishment, the relinquished segments will no longer be state highways and may not be considered for future adoption as state highways.
- Requires the City of Fremont that to maintain signs within its jurisdiction directing motorists to the continuation to SR 84.
Comments
- Purpose. According to the Author, “in 2006, the City of Fremont signed a Memorandum of Understanding (MOU) with the California Department of Transportation (Caltrans), the Alameda County Transportation Commission (ACTC) and Union City to relinquish a portion of SR 84 to the City of Fremont. Under the MOU, the relinquished portion would be granted to Fremont once Caltrans had the funds available from the Local Alternative Transportation Improvement Program (LATIP) to upgrade the roadway to a “state of good repair.” In 2011, the relinquishment process was underway in conjunction with a Redevelopment project, but abruptly ended when Redevelopment Agencies were eliminated. In 2017, the City of Fremont obtained a grant from ACTC to enhance portion of SR 84 to a multi-modal complete street. As part of the project, the City would like to integrate the relinquishment and related improvements. This bill will relinquish a portion of SR 84 to allow the City of Fremont to make much needed and long-anticipated transit improvements in the region. Although LATIP funding from the sale of excess SR 84 property is not currently available, it should be by the time the City begins construction of its complete street project. If not, the City has agreed to advance the necessary funding until LATIP funding is available.”
- Relinquishments. Each session, the Legislature passes and the governor signs numerous bills authorizing CTC to relinquish segments of the state highway system to local jurisdictions. Relinquishment transactions are generally preceded by a negotiation of terms and conditions between the local jurisdiction and Caltrans. Once an agreement has been established, CTC typically approves the relinquishment and verifies its approval via a resolution.
- Caltrans study. An analysis conducted and released by Caltrans in July of 2011 found that the SR 84 relinquishment segment specified in this bill “does not provide significant benefit to interregional or regional travel demand” and therefore, “it is recommended that SR 84 be relinquished to the City of Fremont.” As stated by the author, this bill will allow the City of Fremont to complete its Multimodal Complete Streets Project on the relinquished portions of the route. The relinquishment will allow the City to upgrade the existing roadway to improve safety and mobility for bicyclists and pedestrians along the route. Additionally, the relinquishment will also relieve the State of all future maintenance of this route.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Caltrans does not expect to incur any additional state costs related to the relinquishment of the specified segment of SR 84 to the City of Fremont. Any funds to rehabilitate or improve SR 84 prior to relinquishment would be derived from a specified local alternative transportation improvement plan authorized under current law.
- Ongoing annual savings in future years due to avoided maintenance costs on the relinquished segment. (State Highway Account).
City of Fremont (source)
OPPOSITION: (Verified 4/25/18)
4/25/18 14:42:54
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 989 (Wieckowski) - State highways: relinquishment
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
SB 989 would authorize the California Transportation Commission (CTC) to relinquish to the City of Fremont the portion of State Highway Route (SR) 84 that is within the city limits, as specified.
Fiscal Impact:
- The Department of Transportation (Caltrans) does not expect to incur any additional state costs related to the relinquishment of the specified segment of SR 84 to the City of Fremont. Any funds to rehabilitate or improve SR 84 prior to relinquishment would be derived from a specified local alternative transportation improvement plan (LATIP) authorized under current law. (See Staff Comments)
- Ongoing annual savings in future years due to avoided maintenance costs on the relinquished segment. (State Highway Account)
Background:
Existing law identifies the California state highway system (SHS) through a description of segments of the state’s regional and interregional roads that are owned and operated by Caltrans. Existing law requires the CTC to relinquish to cities and counties segments of state highways that have been deleted from the SHS by legislative enactment. The CTC is prohibited from relinquishing a segment of state highway to a city or county that has been superseded by relocation until Caltrans has placed the highway into a “state of good repair,” which includes litter removal, weed control, and tree and shrub trimming, but does not obligate Caltrans for widening, new construction, or major reconstruction, unless directed by the CTC.
The Legislature has also provided statutory authorization to CTC to relinquish a number of state highway segments to local jurisdictions under specified conditions. Relinquishment provides the recipient agency with greater control over local transportation projects and relieves Caltrans of any further responsibility to improve, maintain, or repair infrastructure related to the relinquished segment of state highway. Generally, legislative relinquishments are subject to negotiated agreements between Caltrans and a local jurisdiction seeking control of a local highway segment. Caltrans may provide State Highway Account funding to a local entity that is assuming control over state highway segments as part of the negotiated agreement in order to bring the roadway up to a “state of good repair,” although there is no statutory obligation to do so. The actual amounts vary for each relinquished highway segment and they are based upon a cost-benefit analysis covering a ten-year period, which is included in a Project Scope Summary Report prepared for legislative relinquishments. Ultimately, the CTC must determine that the agreement between Caltrans and the local jurisdiction is in the best interests of the state.
Proposed Law:
SB 989 would authorize CTC to relinquish to the City of Fremont the portions of SR 84 within the city limits, upon a determination that the relinquishment is in the state’s best interest, if Caltrans and the City enter into an agreement providing for the relinquishment. The relinquished segment would cease to be a part of the state highway system, and would be ineligible for future adoption as a state highway. The bill also requires the City of Fremont to maintain signs directing motorists to the continuation of SR 84.
Related Legislation:
AB 1462 (Torrico), Chap. 619/2005, authorized local jurisdictions to develop an LATIP, subject to CTC approval, in the SR 84 corridor that addresses transportation issues in the area to be served by specified state highway projects that were never built. The bill also provides for the use of revenues from the sales of excess properties acquired for the planned state facilities to fund the LATIP.
SB 791 (Corbett), Chap. 705/2008, authorized revenues from the sales of specified excess properties for projects in the LATIP that are also in the local voter-approved transportation sales tax measure, subject to approval by Caltrans.
AB 1386 (Hayashi), Chap. 291/2009, revised provisions authorizing an LATIP in the SR 238 and SR 84 corridors, including an expansion of the authorized use of proceeds from the sale of excess properties to include any highway purpose, and an authorization for local agencies to enter into agreements to advance local funds for use on an SR 84 or 238 LATIP project and receive reimbursement from funds deposited specified state accounts from the excess property sales proceeds.
Staff Comments:
Beginning in the 1970s, Caltrans purchased large amounts of property in southern Alameda County to construct the SR 238 bypass and improvements to SR 84 between SR 238 and Interstate 880 but never built the facilities. Under current law specific to the SR 84 and SR 238 corridors, the county or cities may join with the local transportation planning agency to develop a LATIP, subject to CTC approval, that addresses transportation problems and opportunities in the area to be served by the unbuilt facilities. Proceeds from the sale of the surplus parcels will be used to fund the approved LATIP.
The CTC approved the Southern Alameda County LATIP in 2010. Among the prioritized LATIP projects are improvements to the existing SR 84 corridor related to the relinquishment of that highway segment to the City of Fremont in accordance with a 2006 memorandum of understanding (MOU) between Caltrans, the Cities of Union City and Fremont, and the Alameda County Transportation Authority. The MOU specifies that Caltrans supports using AB 1462 funding (from the sale of surplus properties) to rehabilitate and improve the existing SR 84 between Interstate 880 and SR 238 before relinquishing it to the City of Fremont. The LATIP identifies estimated costs of approximately $9 million for improvements related to the SR 84 relinquishment.
This bill provides the legal authority for CTC to relinquish to the City of Fremont the portion of SR 84 within the city limits. Caltrans typically enters into a negotiated agreement with the local jurisdiction that governs the terms of a relinquishment, and while these agreements oftentimes including a payment of state funds for improvements in the corridor, Caltrans does not anticipate any new state costs as a result of this relinquishment. Staff notes that any payments for improvement projects to bring the SR 84 corridor into a state of good repair will come from previously authorized LATIP funds. The relinquishment of this segment would relieve Caltrans of any future maintenance and repair costs, resulting in unknown long-term annual savings.
Caltrans has consistently supported the relinquishment of the SR 84 corridor to the City of Fremont since the 2006 memo. In 2011, Caltrans conducted a Transportation System Analysis and Evaluation (TSAE) for the relinquishment of SR 84 between Interstate 880 and SR 238 in the City of Fremont. The study concluded that this segment of SR 84 is a conventional facility serving mainly local travel demand and does not provide significant benefit to interregional or regional travel demand. Based on a system analysis of the City of Fremont’s request for relinquishment, Caltrans recommended that SR 84 be relinquished to the City.
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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 989 Hearing Date: 4/10/2018
Author: | Wieckowski | ||
Version: | 2/5/2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT: State highways: relinquishment
DIGEST: This bill allows the California Transportation Commission (CTC) to relinquish segments of State Route (SR) 84 in the City of Fremont.
ANALYSIS:
Existing law:
- Identifies the California state highway system through a description of segments of the state’s regional and interregional roads that are owned and operated by the Department of Transportation (Caltrans).
- Defines a “state highway” as any roadway that is acquired, laid out, constructed, improved, or maintained as a state highway according to legislative authorization.
- Specifies that it is the intent of the Legislature for the routes of the state highway system to connect the communities and regions of the state and that they serve the state’s economy by connecting centers of commerce, industry, agriculture, mineral wealth, and recreation.
- Provides that any expansion or deletion of the state highway system occurs through a statutory process requiring the CTC to make findings that it is in the best interest of the state to include or delete a specified portion of roadway from the system.
This bill:
- Authorizes CTC, upon a determination that it is the best interest of the state to do so and upon an agreement between Caltrans and the City of Freemont, to relinquish that portion of SR 84 that lies within the applicable city limits.
2) Provides that the relinquishments will become effective on the date following the county recordation of the relinquishment resolutions containing CTC’s approval of the specified terms and conditions.
3) Specifies that, following the effective date of relinquishment, the relinquished segments will no longer be state highways and may not be considered for future adoption as state highways.
- Requires the City of Fremont that to maintain signs within its jurisdiction directing motorists to the continuation to SR 84
COMMENTS
- Purpose. According to the Author, “in 2006, the City of Fremont signed a Memorandum of Understanding (MOU) with the California Department of Transportation (Caltrans), the Alameda County Transportation Commission (ACTC) and Union City to relinquish a portion of SR 84 to the City of Fremont. Under the MOU, the relinquished portion would be granted to Fremont once Caltrans had the funds available from the Local Alternative Transportation Improvement Program (LATIP) to upgrade the roadway to a “state of good repair.” In 2011, the relinquishment process was underway in conjunction with a Redevelopment project, but abruptly ended when Redevelopment Agencies were eliminated. In 2017, the City of Fremont obtained a grant from ACTC to enhance portion of SR 84 to a multi-modal complete street. As part of the project, the City would like to integrate the relinquishment and related improvements. This bill will relinquish a portion of SR 84 to allow the City of Fremont to make much needed and long-anticipated transit improvements in the region. Although LATIP funding from the sale of excess SR 84 property is not currently available, it should be by the time the City begins construction of its complete street project. If not, the City has agreed to advance the necessary funding until LATIP funding is available.”
- Relinquishments. Each session, the Legislature passes and the governor signs numerous bills authorizing CTC to relinquish segments of the state highway system to local jurisdictions. Relinquishment transactions are generally preceded by a negotiation of terms and conditions between the local jurisdiction and Caltrans. Once an agreement has been established, CTC typically approves the relinquishment and verifies its approval via a resolution.
- Caltrans study. An analysis conducted and released by Caltrans in July of 2011 found that the SR 84 relinquishment segment specified in this bill “does not provide significant benefit to interregional or regional travel demand” and therefore, “it is recommended that SR 84 be relinquished to the City of Fremont.” As stated by the author, this bill will allow the City of Fremont to complete its Multimodal Complete Streets Project on the relinquished portions of the route. The relinquishment will allow the City to upgrade the existing roadway to improve safety and mobility for bicyclists and pedestrians along the route. Additionally, the relinquishment will also relieve the State of all future maintenance of this route.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 4, 2018.)
SUPPORT:
City of Fremont (sponsor)
OPPOSITION:
None received.
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Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Appropriations
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):