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SB-211 State highways: leases.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
SB211:v98#DOCUMENT

Amended  IN  Senate  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 211


Introduced by Senator Beall

February 04, 2019


An act to amend add Section 104.12 of 104.27 to the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 211, as amended, Beall. State highways: leases.
Existing law vests the Department of Transportation with full possession and control of the state highway system, including associated property. Existing law authorizes the department to lease on a right of first refusal basis specified airspace under freeways, and real property acquired for highway purposes, that is not excess property, to specified local entities for purposes of emergency shelters or feeding programs, or other specified purposes, for a lease amount of $1 per month and a payment of an administrative fee not to exceed $500 per year, as specified.
This bill would authorize the department to lease on a right of first refusal basis any airspace under a freeway, or real property acquired for highway purposes, that is not excess property, to the city or county in which the airspace or real property is located, or to a political subdivision of the city or county, for purposes of an emergency shelter or feeding program for a lease amount, for up to 10 parcels in the city or county, or political subdivision of the city or county, of $1 per month, and a payment of an administrative fee not to exceed $500 per year, as specified.

Existing law authorizes the Department of Transportation to lease to public agencies or private entities for any term not to exceed 99 years the use of areas above or below state highways, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection to the safety and the adequacy of highway facilities and to abutting or adjacent land uses. Existing law requires the department to consider future lease potential of areas above or below state highway projects when planning new state highway projects and requires this consideration to be accomplished by intradepartment consultation among offices concerned with project development and airspace lease development.

This bill would instead authorize the department to consider future lease potential of areas above or below state highway projects when planning new state highway projects and would authorize this consideration to be accomplished by intradepartment consultation among offices concerned with project development and airspace lease development.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 104.27 is added to the Streets and Highways Code, to read:

104.27.
 (a) The department may lease on a right of first refusal basis any airspace under a freeway, or real property acquired for highway purposes, that is not excess property, to the city or county in which the airspace or real property is located, or to a political subdivision of the city or county, for purposes of an emergency shelter or feeding program.
(b) For up to 10 parcels in the city or county, or a political subdivision of the city or county, the lease amount for an emergency shelter or feeding program pursuant to this section shall be one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department’s cost of administering the lease.
(c) The Legislature finds and declares that the lease of real property pursuant to this subdivision serves a public purpose.
(d) This section shall not affect any other lease of, or authorization to lease, airspace or real property for purposes of an emergency shelter or feeding program that is otherwise authorized by law.

SECTION 1.Section 104.12 of the Streets and Highways Code is amended to read:
104.12.

(a)The department may lease to public agencies or private entities for any term not to exceed 99 years the use of areas above or below state highways, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection to the safety and the adequacy of highway facilities and to abutting or adjacent land uses. Authorized emergency vehicles, as defined in Section 165 of the Vehicle Code, which are on active duty and are not merely being stored, shall be given preference in the use of these areas, and no payment of consideration shall be required for this use of the areas by these vehicles. Before entering into any lease, the department shall determine that the proposed use is not in conflict with the zoning regulations of the local government concerned. The leases shall be made in accordance with procedures to be prescribed by the commission, except that, in the case of leases with private entities, the leases shall only be made after competitive bidding unless the commission finds, by unanimous vote, that in certain cases competitive bidding would not be in the best interests of the state. The possibilities of entering into the leases, and the consequent benefits to be derived therefrom, may be considered by the department in designing and constructing the highways.

Revenues from the leases shall be deposited in the State Highway Account. If leased property was provided to the department for state highway purposes through donation or at less than fair market value, the lease revenues shall be shared with the donor or seller if so provided by contract when the property was acquired. If the donor or seller was a local agency which no longer exists at the time the department enters into the lease, the local agency’s share of lease revenues shall be paid to the county or counties within which the local agency was situated.

(b)Notwithstanding subdivision (a), in any case where sufficient land or airspace exists within the right-of-way of any highway, constructed in whole or in part with federal-aid highway funds, to accommodate needed passenger, commuter, or high-speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the department may make the land or airspace available, with or without charge, to a public entity for those purposes, subject to any reservations, restrictions, or conditions that it determines necessary to ensure adequate protection to the safety and adequacy of highway facilities and to abutting or adjacent land uses.

(c)The department may consider future lease potential of areas above or below state highway projects when planning new state highway projects. This consideration may be accomplished by intradepartment consultation among offices concerned with project development and airspace lease development.