BILL NUMBER: AB 1386	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 27, 2009

   An act to amend Section 14528.5 of the Government Code, relating
to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1386, as introduced, Hayashi. State Highway Route 238.
   Existing law authorizes a city or county in which a planned
transportation facility was to be located on State Highway Route 238
in Alameda County to develop and file with the California
Transportation Commission a local alternative transportation program
that addresses transportation problems and opportunities, and
provides for the use of revenues from the sales of excess properties
acquired for the planned state facility in order to fund the local
alternative program, but limits the use of revenues from excess
property sales to state highway purposes. Existing law provides that
the commission may not approve a local alternative program under
these provisions after July 1, 2010.
   This bill would modify the restriction limiting use of revenues
from excess property sales to state highway purposes by authorizing
those revenues to be used for any highway purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
   AB 1386, as introduced, Hayashi. State Highway Route 238.
   Existing law authorizes a city or county in which a planned
transportation facility was to be located on State Highway Route 238
in Alameda County to develop and file with the California
Transportation Commission a local alternative transportation program
that addresses transportation problems and opportunities, and
provides for the use of revenues from the sales of excess properties
acquired for the planned state facility in order to fund the local
alternative program, but limits the use of revenues from excess
property sales to state highway purposes. Existing law provides that
the commission may not approve a local alternative program under
these provisions after July 1, 2010.
   This bill would modify the restriction limiting use of revenues
from excess property sales to state highway purposes by authorizing
those revenues to be used for any highway purpose.
   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 14528.5 of the Government Code is amended to
read:
   14528.5.  (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 238 in the City of Hayward and Alameda County,
the city or county in which the planned facilities were to be
located, acting jointly with the transportation planning agency
having jurisdiction over the city or county, may develop and file
with the commission a local alternative transportation improvement
program that addresses transportation problems and opportunities in
the county which were to be served by the planned facilities.
Priorities for funding in the local alternative program shall go to
projects in the local voter-approved transportation sales tax
measure.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve any local
alternative transportation improvement program submitted under this
section after July 1, 2010.
   (c) 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. The proceeds shall be used
only for  state  highway purposes.
   (d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
   (e) This section applies only to State Highway Route 238.
   (f) Section 14528.8 does not apply to projects undertaken pursuant
to this section.
  SECTION 1.  Section 14528.5 of the Government Code is amended to
read:
   14528.5.  (a) To resolve local transportation problems resulting
from the infeasibility of planned state transportation facilities on
State Highway Route 238 in the City of Hayward and Alameda County,
the city or county in which the planned facilities were to be
located, acting jointly with the transportation planning agency
having jurisdiction over the city or county, may develop and file
with the commission a local alternative transportation improvement
program that addresses transportation problems and opportunities in
the county which were to be served by the planned facilities.
Priorities for funding in the local alternative program shall go to
projects in the local voter-approved transportation sales tax
measure.
   (b) The commission shall have the final authority regarding the
content and approval of the local alternative transportation
improvement program. The commission shall not approve any local
alternative transportation improvement program submitted under this
section after July 1, 2010.
   (c) 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. The proceeds shall be used
only for  state  highway purposes.
   (d) This section does not apply to those highways that are in the
National System of Interstate and Defense Highways.
   (e) This section applies only to State Highway Route 238.
   (f) Section 14528.8 does not apply to projects undertaken pursuant
to this section.