Bill Text: CA AB577 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Rail construction: County of Los Angeles.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2014-07-08 - Chaptered by Secretary of State - Chapter 92, Statutes of 2014. [AB577 Detail]

Download: California-2013-AB577-Amended.html

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BILL NUMBER: AB 577	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Nazarian

                        FEBRUARY 20, 2013

   An act to  amend Section 38321   repeal
Sections 30648 and 130265  of the  Vehicle 
 Public Utilities  Code, relating to  vehicles
  transportation  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 577, as amended, Nazarian.  Vehicles: illegal disposal.
  Rail construction: County of Los Angeles.  
   Existing law prohibits the construction of a mass transportation
rail project, other than as a subway, within a specified corridor
within the San Fernando Valley area of Los Angeles, and imposes other
conditions in that regard. Existing law also imposes certain
requirements on the construction phasing of a mass transportation
rail project between the San Fernando Valley and downtown Los
Angeles.  
   This bill would repeal these provisions.  
   Existing law prohibits a person from throwing or depositing in any
area various types of garbage, a substance likely to injure or kill
wild or domestic animal or plant life or damage traffic, or noisome,
nauseous, or offensive matter. A person who drops, dumps, deposits,
places, or throws that material, or who causes or permits that
material to be so dropped, dumped, deposited, placed, or thrown, is
required to remove the material or cause it to be removed and if a
person fails to take those actions, the governmental agency
responsible for the maintenance of the area, or the property owner of
the land on which the material has been deposited, may remove the
material and collect, by civil action, if necessary, the actual cost
of the removal operation and damages.  
   This bill would make technical, nonsubstantive changes to the
provision requiring the removal of that material. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30648 of the   Public
Utilities Code   is repealed.  
   30648.  (a) The Legislature recognizes that the district made
specified representations regarding construction plans at the time it
received authorization to proceed with the planning and construction
of an exclusive public mass transit guideway system.
   (b) The Legislature further recognizes that it is traditionally
less expensive to construct exclusive public mass transit guideway
systems using two construction crews working from each terminus to
the middle.
   (c) Within three years after the start of construction of any
portion of the exclusive public mass transit guideway system-San
Fernando Valley-Downtown Los Angeles Metro Rail project, the district
shall start station construction on the segment of the system in the
San Fernando Valley, as defined in Section 11093 of the Government
Code. In the aggregate, within one year after the start of
construction of any portion of the project, the funding in each year
for below-ground construction on the North Hollywood terminus
station, which shall be located either adjacent to Lankershim
Boulevard within one-half mile south of Chandler Street or adjacent
to Chandler Street within one-half mile west of Lankershim Boulevard,
as determined by the Los Angeles County Transportation Commission,
and for tunneling and subway construction within this segment shall
not be less than 15 percent of the amount of nonfederal funds
allocated and spent in the previous year to construct the metro rail
project. Any funds which would have been required to be spent on
Valley Metro Rail construction pursuant to Chapter 617 of the
Statutes of 1984, shall be deposited in a trust fund which shall be
spent on qualified Valley Metro Rail construction pursuant to this
subdivision, except that any interest earned on those funds may be
used to subsidize commuter rail transportation serving the San
Fernando Valley Statistical Area, as described in subdivision (g) of
Section 76191 of the Government Code.
   (d) If the entire public mass transit guideway system-San Fernando
Valley-Downtown Los Angeles Metro Rail project is converted to an
at-grade light rail system, then the construction to be done with the
portion of the funds designated in subdivision (c) for tunneling and
subway construction may be modified to conform to the mode of
construction to be used on the entire route of the San Fernando
Valley-Downtown Los Angeles Metro Rail project.
   (e) Funding for this construction may include, but is not limited
to, any of the following sources:
   (1) Funds derived from Los Angeles County Transportation
Commission revenue bonds.
   (2) Funds derived from the Los Angeles County Transportation
Commission one-half of 1 percent transactions and use tax.
   (3) Funds allocated by the California Transportation Commission
for exclusive public mass transit guideway construction pursuant to
Article XIX of the California Constitution and funds for that
construction allocated by the California Transportation Commission
from the Transportation Planning and Development Account in the State
Transportation Fund. However, the funds allocated by the California
Transportation Commission shall not be available for deposit in the
trust fund specified in subdivision (c). 
   SEC. 2.    Section 130265 of the   Public
Utilities Code   is repealed.  
   130265.  In 1990, the Los Angeles County Transportation Commission
adopted an approved San Fernando Valley rail rapid transit route and
plan as described in the Findings and Mitigation Monitoring Program
adopted by the Los Angeles County Transportation Commission on
February 28, 1990, as an extension of metro rail or advanced
technology transit, other than light rail, that is a deep bore subway
through residential areas, unless modified through a subsequent
state or federal environmental review process. Therefore, the
following apply within the right-of-way of the Burbank Branch line of
the Southern Pacific Railroad:
   (a) In the area between the western curb of Hazeltine Avenue and a
line parallel to and 50 feet west of the western edge of the
Hollywood freeway, there may not be constructed any exclusive public
mass transit rail guideway, rail rapid transit or light rail system,
or other track, other than as a subway system that is covered and
below grade.
   (b) In the area described in subdivision (c), no station may be
constructed, other than a station where the main entrance is located
on property that is currently part of the Los Angeles Valley College
campus or on that portion of the existing railroad right-of-way
located north of Burbank Boulevard and east of Fulton Avenue.
   (c) In the area below Tujunga Wash and at least one mile to the
east and west of Tujunga Wash, there may not be constructed any
exclusive public mass transit rail guideway, rail rapid transit or
light rail system, or other track, other than as a subway using
boring technology as a deep bore subway located at least 25 feet
below ground, measured from the existing ground level to the top of
the tunnel.
   (d) This section is not intended to mandate the selection by the
Los Angeles County Transportation Commission of any transit route or
the construction of any route configuration or alignment, or to
prevent consideration by that commission of any monorail or other
advanced technology option on any alternative route, but this section
is intended solely to define statutorily the route configuration and
alignment limitations adopted locally by the Los Angeles County
Transportation Commission on February 28, 1990.  
  SECTION 1.    Section 38321 of the Vehicle Code is
amended to read:
   38321.  (a) A person who drops, dumps, deposits, places, or
throws, or causes or permits to be dropped, dumped, deposited,
placed, or thrown, upon any area, a material described in Section
38320, shall immediately remove the material or cause it to be
removed.
   (b) If a person fails to comply with this section, the
governmental agency responsible for the maintenance of the area, or
the property owner of the land on which the material has been
deposited, may remove the material and collect, by civil action, if
necessary, the actual cost of the removal operation in addition to
any other damages authorized by law from the person who did not
comply with the requirements of this section.