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 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.