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AB-1226 State highways: property leases: assessment.(2019-2020)

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Date Published: 06/12/2019 09:00 PM
AB1226:v97#DOCUMENT

Amended  IN  Senate  June 12, 2019
Amended  IN  Assembly  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1226


Introduced by Assembly Member Holden

February 21, 2019


An act to amend Section 104.12 of, and to add and repeal Section 104.14 of of, the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 1226, as amended, Holden. State highways: property leases: assessment.
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 certain property, including the area above or below a state highway, and certain property held for future highway purposes, to public agencies under specified terms and conditions. Existing to public or private entities areas above or below state highways. Existing law authorizes the department, in certain cases, to make the land or airspace within the right-of-way of a highway available to a public entity for specified transit-related purposes.
This bill would provide examples of “airspace” and “areas above or below state highways” for purposes of those provisions.
Existing law also authorizes the department to lease airspace under a freeway, or real property acquired for highway purposes, located in various cities and counties, that is not excess property, to specified entities for certain purposes, including for purposes of an emergency shelter or feeding program, subject to certain conditions.
This bill would require the department to assess the feasibility of constructing facilities above highways built below grade in urban areas that would be made available and leased to a city, county, or other political subdivision or another state agency for affordable housing, transitional housing, emergency shelter, feeding program, or wraparound services purposes, or any combination of these purposes, and would require the department, on or before January 1, 2021, to submit that assessment to the Governor and the fiscal and policy committees of the Legislature that oversee transportation programs.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is facing a significant housing crisis, as countless residents are contemplating moving, spending hours driving every day, living one paycheck away from an eviction, or experiencing homelessness.
(b) California has 12 percent of the United States’ population, but 20 percent of the United States’ homeless population. California has the highest percentage of unsheltered homeless in the nation, with 64 percent of homeless Californians not having shelter. California has 24 percent of the nation’s homeless veterans population and one-third of the nation’s chronically homeless population.
(c) Four of the top 10 metropolitan areas in the United States with the highest rate of homelessness are located in California; San Jose-Sunnyvale-Santa Clara, Los Angeles-Long Beach-Santa Ana, Fresno, and Stockton.
(d) Department of Transportation crews encountered roughly 7,000 homeless camps on state highway rights-of-way in 2017.
(e) California owns miles of urban freeways built below grade, creating the opportunity for infrastructure to be built in the airspace above highways that could be used to help create spaces for communities to address the needs of the state’s homeless population.

SEC. 2.

 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. Prior to 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 shall consider future lease potential of areas above or below state highway projects when planning new state highway projects. This consideration shall be accomplished by intradepartment consultation between offices concerned with project development and airspace lease development.
(d) For purposes of this section, “airspace” and “areas above or below state highways” includes, but is not limited to, all of the following:
(1) Surface under a viaduct structure.
(2) Space above traveled lanes.
(3) Space within a loop of an interchange.
(4) Space between the main lanes and on or off ramps.
(5) Area in cut or fill slopes.

SEC. 2.SEC. 3.

 Section 104.14 is added to the Streets and Highways Code, to read:

104.14.
 (a) (1) The department shall assess the feasibility of constructing facilities above highways built below grade in urban areas that would be made available and leased to a city, county, or other political subdivision or another state agency for affordable housing, trans