[House Report 109-610]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-610
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LOS ANGELES TO SAN FERNANDO VALLEY METRO RAIL PROJECT
_______
July 28, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 4653]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4653) to repeal a prohibition on
the use of certain funds for tunneling in certain areas with
respect to the Los Angeles to San Fernando Valley Metro Rail
project, California, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Legislation
H.R. 4653 repeals a provision in section 321 of the
Department of Transportation and Related Agencies
Appropriations Act, 1986, that prohibits Federal transit funds
from being used for certain subway extension projects in the
greater Los Angeles area.
Background and Need for the Legislation
On March 24, 1985, an explosion was caused by the ignition
of methane gas that had been accumulating in an auxiliary room
of a local department store located on Third Street, in the
Wilshire-Fairfax District of Los Angeles. The resulting
explosion blew out the windows and partially collapsed the roof
of the structure, injuring 22 people. Police closed off four
blocks around the explosion scene, where spouting gas flames
burned through the night. In the following days, a drill rig
brought to the site was used to test for possible gas
accumulations in the alluvial soil beneath the store. A pocket
of pressurized gas was encountered at a depth of 42 feet
beneath the store building. Gas was also encountered in several
other borings at the site in smaller quantities and at lower
pressures. Pressure gauges and control valves were installed,
and a valved flare pipe was used to bleed off the gas into the
air, where it dispersed. Over a few days, the Ross Store site
gradually returned to the normal gas concentrations
characteristic of the local area.
The incident raised safety concerns about tunneling in this
area of Los Angeles in order to build the planned Metro Rail
subway system. On March 27, 1985, the Los Angeles City Council
created a Task Force to investigate the explosion and fire,
determine the cause of the accident, and recommend measures
that could be adopted to avoid future incidents. The Task Force
did not assess the safety of the Metro Rail system. It did,
however, identify two methane risk zones: a high potential risk
zone and a potential risk zone.
When the fiscal year 1986 Transportation and Related
Agencies Appropriations Act was considered on the House floor,
two provisions were added to the bill that:
(1) Directed the Secretary of Transportation to enter
into negotiations for a full funding grant agreement to
construct a minimum operable segment of the downtown
Los Angeles to San Fernando Valley Metro Rail project
(Public Law 99-190, section 320);
(2) Required the Federal Transit Administration to
contract with the local transit authority to conduct a
study of potential methane gas risks related to the
proposed alignment of the Metro Rail project beyond the
first minimum operable segment (Public Law 99-190,
section 321);
(3) Prohibited any of the funds made available for
the first minimum operable segment of the San Fernando
Valley Metro to be made available for any segment of
the Metro Rail project unless and until a formal
commitment is made to the Federal government by the
local transit authority that no part of the Metro Rail
project will tunnel into or through any potential risk
zone or high potential risk zone for methane gas
(Public Law 99-190, section 321).
The effect of the funding prohibition in section 321 of the
Transportation and Related Agencies Appropriations Act for
fiscal year 1986 has been to prevent the consideration of any
underground transit options in the areas along the Wilshire
Boulevard corridor west from downtown Los Angeles toward Santa
Monica. Although the prohibition in section 321 was included in
appropriations legislation, which normally would limit the
provision's applicability to the fiscal year in which funds are
appropriated, the Federal Transit Administration has determined
that this language was drafted in such a way to prevent
tunneling on any segment of the Los Angeles to San Fernando
Valley Metro Rail project in areas that were characterized as
methane risk zones.
In October 2005, a peer review panel of engineering experts
was convened at the request of the Los Angeles County
Metropolitan Transportation Authority Board to conduct an
independent evaluation of gas related safety issues associated
with the proposed tunneling of the extension of the Metro Red
Line subway along Wilshire Boulevard. Since 1985, tunneling
technology and gas measurement instrumentation have improved,
transit construction projects receive more robust oversight,
and construction and operational experience in tunneling has
increased, along with knowledge about geology and methods to
mitigate safety concerns. Based on these findings, the peer
review panel reported that tunneling along the Wilshire
Boulevard corridor can be done safely if proper procedures and
appropriate techniques are used.
Summary of the Legislation
Section 1. Repeal of prohibition
This section repeals a prohibition that was included in the
fiscal year 1986 Department of Transportation and Related
Agencies Act, 1986, on the use of certain funds for tunneling
in certain areas with respect to the Los Angeles to San
Fernando Valley Metro Rail project, California.
Legislative History and Committee Consideration
H.R. 4653 was introduced on December 22, 2005 by Rep.
Waxman and was referred to the Committee on Transportation and
Infrastructure. The Committee on Transportation and
Infrastructure met in open markup session on July 19, 2006, and
discharged the Subcommittee on Highways, Transit and Pipelines
from consideration of the bill by unanimous consent. H.R. 4653
was approved by voice vote without amendment.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes in full committee consideration of H.R.
4653.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, no
funds are authorized. The legislation will provide the Los
Angeles County Metropolitan Transportation Authority with
additional flexibility in how it uses certain federal funds.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4653 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 26, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4653, a bill to
repeal a prohibition on the use of certain funds for tunneling
in certain areas with respect to the Los Angeles to San
Fernando Valley Metro Rail project, California.
If you wish further details on these estimates, we will be
pleased to provide them. The CBO staff contact is Gregory
Waring.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 4653--A bill to repeal a prohibition on the use of certain funds
for tunneling in certain areas with respect to the Los Angeles
to San Fernando Valley Metro Rail Project, California
In 1986, the Congress prohibited the use of federal funds
for construction of any segment of the Los Angeles to San
Fernando Valley Metro Rail project that would require tunneling
through a certain region. The prohibition was in response to a
fire, caused by naturally occurring methane gas that was
located along a proposed expansion of the rail project. As a
result of the prohibition, the local transit agency constructed
an alternate expansion. Enacting H.R. 4653 would lift the
prohibition, making future proposals involving tunneling in the
region eligible for federal funding. Any such funding would be
dependent on future Congressional actions. CBO estimates that
enacting H.R. 4653 by itself would have no cost to the federal
government.
H.R. 4653 contains no intergovernmental or private-sector
mandate as defined in the Unfunded Mandates Reform Act. The
bill would provide the Los Angeles County Metropolitan
Transportation Authority with flexibility in how it uses
certain federal funds.
The CBO staff contact for this estimate is Gregory Waring.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 4653 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and
existing law in which no change is proposed is shown in roman):
SECTION 321 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 1986
* * * * * * *
Sec. 321. The Urban Mass Transportation Administration shall
enter into a contract with the Southern California Rapid
Transit District to conduct a study of the potential methane
gas risks relating to the proposed alignment of the Metro Rail
project beyond the Minimum Operable Segment, MOS-1. [None of
the funds described in section 320 may be made available for
any segment of the downtown Los Angeles to San Fernando Valley
Metro Rail project unless and until the Southern California
Rapid Transit District officially notifies and commits to the
Urban Mass Transportation Administration that no part of the
Metro Rail project will tunnel into or potential risk zone or
high potential risk zone in the report of the City of Los
Angeles dated June 10, 1985, entitled ``Task Force Report on
the March 24, 1985 Methane Gas Explosion and Fire in the
Fairfax Area''.] Funds for this study, in an amount not to
exceed $1,000,000, shall be made available from funds
previously allocated for the MOS-1 project, commencing within
30 days of enactment.