California 2019-2020 Regular Session

California Senate Bill SB1456 Latest Draft

Bill / Introduced Version Filed 02/21/2020

                            CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1456Introduced by Senator ArchuletaFebruary 21, 2020 An act to amend Section 820.1 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 1456, as introduced, Archuleta. Department of Transportation: federal environmental review process: Los Angeles County Metropolitan Transportation Authority.Existing law vests the Department of Transportation with full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states may assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in the program. Existing law prohibits the department from delegating any of its responsibilities assumed under these federal laws to any political subdivision of the state or its instrumentalities.This bill would authorize the department, upon the request of the Los Angeles County Metropolitan Transportation Authority, to delegate any of its responsibilities assumed under these federal laws to the authority for the purpose of accelerating the project delivery timeline for specified transit projects.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature hereby finds and declares all of the following:(a) On November 8, 2016, voters of the County of Los Angeles approved Measure M, a landmark transportation investment.(b) The last Measure M transit project is currently scheduled to open in 2057, 38 years from now. However, those projects were identified to ease the congestion experienced in the County of Los Angeles as quickly as possible.(c) The Los Angeles County Metropolitan Transportation Authority (Metro) should always strive to accelerate major transit investments and deliver projects ahead of schedule. To accelerate projects, Metro adopted the Twenty-Eight by 28 Initiative, an ambitious acceleration plan to deliver 28 critical transportation projects by 2028.(d) To deliver Twenty-Eight by 28, Metro identified an accelerated funding need of approximately $26.2 billion. Additionally, Metro evaluated many potential revenue sources available for acceleration.(e) As the challenge of delivering Twenty-Eight by 28 comes into greater focus, it is clear that additional work will be required to prepare an ambitious but realistic and deliverable program.(f) The next step should be a more detailed examination of what is required to accelerate the major transportation projects.(g) To better prioritize acceleration efforts, Metro should focus on accelerating transit projects.(h) Metro should ensure that it is leaving no stone unturned to achieve this goal, including innovative project delivery approaches, including, but not limited to, partnering with other public agencies.SEC. 2. Section 820.1 of the Streets and Highways Code is amended to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to accelerate the project delivery timeline for transit projects located in the County of Los Angeles.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1456Introduced by Senator ArchuletaFebruary 21, 2020 An act to amend Section 820.1 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 1456, as introduced, Archuleta. Department of Transportation: federal environmental review process: Los Angeles County Metropolitan Transportation Authority.Existing law vests the Department of Transportation with full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states may assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in the program. Existing law prohibits the department from delegating any of its responsibilities assumed under these federal laws to any political subdivision of the state or its instrumentalities.This bill would authorize the department, upon the request of the Los Angeles County Metropolitan Transportation Authority, to delegate any of its responsibilities assumed under these federal laws to the authority for the purpose of accelerating the project delivery timeline for specified transit projects.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Senate Bill 

No. 1456

Introduced by Senator ArchuletaFebruary 21, 2020

Introduced by Senator Archuleta
February 21, 2020

 An act to amend Section 820.1 of the Streets and Highways Code, relating to transportation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1456, as introduced, Archuleta. Department of Transportation: federal environmental review process: Los Angeles County Metropolitan Transportation Authority.

Existing law vests the Department of Transportation with full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states may assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in the program. Existing law prohibits the department from delegating any of its responsibilities assumed under these federal laws to any political subdivision of the state or its instrumentalities.This bill would authorize the department, upon the request of the Los Angeles County Metropolitan Transportation Authority, to delegate any of its responsibilities assumed under these federal laws to the authority for the purpose of accelerating the project delivery timeline for specified transit projects.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Existing law vests the Department of Transportation with full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states may assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in the program. Existing law prohibits the department from delegating any of its responsibilities assumed under these federal laws to any political subdivision of the state or its instrumentalities.

This bill would authorize the department, upon the request of the Los Angeles County Metropolitan Transportation Authority, to delegate any of its responsibilities assumed under these federal laws to the authority for the purpose of accelerating the project delivery timeline for specified transit projects.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature hereby finds and declares all of the following:(a) On November 8, 2016, voters of the County of Los Angeles approved Measure M, a landmark transportation investment.(b) The last Measure M transit project is currently scheduled to open in 2057, 38 years from now. However, those projects were identified to ease the congestion experienced in the County of Los Angeles as quickly as possible.(c) The Los Angeles County Metropolitan Transportation Authority (Metro) should always strive to accelerate major transit investments and deliver projects ahead of schedule. To accelerate projects, Metro adopted the Twenty-Eight by 28 Initiative, an ambitious acceleration plan to deliver 28 critical transportation projects by 2028.(d) To deliver Twenty-Eight by 28, Metro identified an accelerated funding need of approximately $26.2 billion. Additionally, Metro evaluated many potential revenue sources available for acceleration.(e) As the challenge of delivering Twenty-Eight by 28 comes into greater focus, it is clear that additional work will be required to prepare an ambitious but realistic and deliverable program.(f) The next step should be a more detailed examination of what is required to accelerate the major transportation projects.(g) To better prioritize acceleration efforts, Metro should focus on accelerating transit projects.(h) Metro should ensure that it is leaving no stone unturned to achieve this goal, including innovative project delivery approaches, including, but not limited to, partnering with other public agencies.SEC. 2. Section 820.1 of the Streets and Highways Code is amended to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to accelerate the project delivery timeline for transit projects located in the County of Los Angeles.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature hereby finds and declares all of the following:(a) On November 8, 2016, voters of the County of Los Angeles approved Measure M, a landmark transportation investment.(b) The last Measure M transit project is currently scheduled to open in 2057, 38 years from now. However, those projects were identified to ease the congestion experienced in the County of Los Angeles as quickly as possible.(c) The Los Angeles County Metropolitan Transportation Authority (Metro) should always strive to accelerate major transit investments and deliver projects ahead of schedule. To accelerate projects, Metro adopted the Twenty-Eight by 28 Initiative, an ambitious acceleration plan to deliver 28 critical transportation projects by 2028.(d) To deliver Twenty-Eight by 28, Metro identified an accelerated funding need of approximately $26.2 billion. Additionally, Metro evaluated many potential revenue sources available for acceleration.(e) As the challenge of delivering Twenty-Eight by 28 comes into greater focus, it is clear that additional work will be required to prepare an ambitious but realistic and deliverable program.(f) The next step should be a more detailed examination of what is required to accelerate the major transportation projects.(g) To better prioritize acceleration efforts, Metro should focus on accelerating transit projects.(h) Metro should ensure that it is leaving no stone unturned to achieve this goal, including innovative project delivery approaches, including, but not limited to, partnering with other public agencies.

SECTION 1. The Legislature hereby finds and declares all of the following:(a) On November 8, 2016, voters of the County of Los Angeles approved Measure M, a landmark transportation investment.(b) The last Measure M transit project is currently scheduled to open in 2057, 38 years from now. However, those projects were identified to ease the congestion experienced in the County of Los Angeles as quickly as possible.(c) The Los Angeles County Metropolitan Transportation Authority (Metro) should always strive to accelerate major transit investments and deliver projects ahead of schedule. To accelerate projects, Metro adopted the Twenty-Eight by 28 Initiative, an ambitious acceleration plan to deliver 28 critical transportation projects by 2028.(d) To deliver Twenty-Eight by 28, Metro identified an accelerated funding need of approximately $26.2 billion. Additionally, Metro evaluated many potential revenue sources available for acceleration.(e) As the challenge of delivering Twenty-Eight by 28 comes into greater focus, it is clear that additional work will be required to prepare an ambitious but realistic and deliverable program.(f) The next step should be a more detailed examination of what is required to accelerate the major transportation projects.(g) To better prioritize acceleration efforts, Metro should focus on accelerating transit projects.(h) Metro should ensure that it is leaving no stone unturned to achieve this goal, including innovative project delivery approaches, including, but not limited to, partnering with other public agencies.

SECTION 1. The Legislature hereby finds and declares all of the following:

### SECTION 1.

(a) On November 8, 2016, voters of the County of Los Angeles approved Measure M, a landmark transportation investment.

(b) The last Measure M transit project is currently scheduled to open in 2057, 38 years from now. However, those projects were identified to ease the congestion experienced in the County of Los Angeles as quickly as possible.

(c) The Los Angeles County Metropolitan Transportation Authority (Metro) should always strive to accelerate major transit investments and deliver projects ahead of schedule. To accelerate projects, Metro adopted the Twenty-Eight by 28 Initiative, an ambitious acceleration plan to deliver 28 critical transportation projects by 2028.

(d) To deliver Twenty-Eight by 28, Metro identified an accelerated funding need of approximately $26.2 billion. Additionally, Metro evaluated many potential revenue sources available for acceleration.

(e) As the challenge of delivering Twenty-Eight by 28 comes into greater focus, it is clear that additional work will be required to prepare an ambitious but realistic and deliverable program.

(f) The next step should be a more detailed examination of what is required to accelerate the major transportation projects.

(g) To better prioritize acceleration efforts, Metro should focus on accelerating transit projects.

(h) Metro should ensure that it is leaving no stone unturned to achieve this goal, including innovative project delivery approaches, including, but not limited to, partnering with other public agencies.

SEC. 2. Section 820.1 of the Streets and Highways Code is amended to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.

SEC. 2. Section 820.1 of the Streets and Highways Code is amended to read:

### SEC. 2.

820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.

820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.

820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c)The(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:(A) The Eastside Extension Phase 2.(B) The Green Line Extension to Torrance.(C) The Sepulveda Transit Corridor.(D) The West Santa Ana Branch Transit Corridor.(d) This section does not affect the obligation of the department to comply with state and federal law.



820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.

(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.

(c)The



(c) (1) Except as provided in paragraph (2), the department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.

(2) Upon the request of the Los Angeles County Metropolitan Transportation Authority, the department may delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to the authority for the purpose of accelerating the project delivery timeline for any of the following projects:

(A) The Eastside Extension Phase 2.

(B) The Green Line Extension to Torrance.

(C) The Sepulveda Transit Corridor.

(D) The West Santa Ana Branch Transit Corridor.

(d) This section does not affect the obligation of the department to comply with state and federal law.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to accelerate the project delivery timeline for transit projects located in the County of Los Angeles.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to accelerate the project delivery timeline for transit projects located in the County of Los Angeles.

SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to accelerate the project delivery timeline for transit projects located in the County of Los Angeles.

### SEC. 3.