A group calling themselves A Committee for a Better Sacramento is sponsoring a citizen-initiated ballot measure for the November election, titled “Sacramento County Transportation Maintenance, Safety, and Congestion Relief Act of 2022—Retail Transactions and Use Tax”. (Note: Some people are referring to this as Measure A, but measure letters are assigned by county elections, not by the sponsors. I’ll continue to refer to it as Measure 2022, for now.)

One of the major projects in the measure is the Capital Southeast Connector, a new freeway from Folsom to Elk Grove. Future posts will talk about what a bad transportation idea this is, but for now, what a bad part of the measure it is.

The measure essentially makes the Capital Southeast Connector JPA the judge of whether the project meets air quality requirements – the fox watching the henhouse. It is somewhat obscure what the language means, and takes a close reading, but the gist is that if the project fails to meet air quality requirements and therefore is not included on the project list in the MTP (SACOG Metropolitan Transportation Plan), the JPA can go its own way and decide for itself that the project meets requirements.

K. Metropolitan Transportation Plan & GHG Reduction Targets. The Sacramento region Metropolitan Transportation Plan/Sustainable Communities Strategy (MTP) currently requires that the region meet a 19% per capita greenhouse gas (GHG) reduction target. Expenditure Plan projects that are planned or programmed for construction in an MTP, as may be amended from time to time, shall be eligible for Measure funds. Expenditure Plan projects not planned or programmed for construction in an MTP shall be eligible for Measure funds if the construction phase of the project is exempt from project-level and regional level air quality conformity.

For any non-exempt projects that are not planned or programmed for construction in an MTP, as may be amended from time to time, the following requirements will apply:

For any non-exempt projects that are not planned or programmed for construction in an MTP, as may be amended from time to time, the following requirements will apply:

1. In order to meet the then applicable regional GHG reduction target for the MTP, project sponsors (parties) shall develop mitigation measures for any project(s) that increases GHG emissions.

2. If the parties can mitigate any such project impacts to maintain adherence to the then applicable regional GHG reduction target, the project(s) shall be eligible for Measure funds.

3. If the GHG impacts are not mitigated to meet the region’s then applicable GHG reduction target, and as a result the region cannot meet its applicable GHG target, the funds planned for the non-exempt project(s) may be used by the corresponding Implementing Agency at their discretion, for other than the originally intended project(s), provided any alternative project(s) are consistent with the Expenditure Plan and included in an MTP, as may be amended from time to time, that meets the then applicable target. Per above, alternative project(s) not planned or programmed for construction in an MTP shall be eligible for Measure funds if the construction phase of the project(s) is exempt from project-level and regional-level air quality conformity.

Measure 2022, Exhibit A, Chapter 1, Section K

This treatment of the JPA might very likely be found to be unconstitutional, but the measure proponents have thought of that too:

If any portion of this Measure is held by a court of competent jurisdiction to be invalid, we the People of the Sacramento Transportation Authority indicate our strong desire that: (i) the Authority use its best efforts to sustain and re-enact that portion, and (ii) the Authority implement this Measure by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Measure, including, to the extent permitted by law, adopting or reenacting any such portion in a manner consistent with this Measure.

Section XII, Paragraph B, of the potential measure

In other words, if we, the sponsors included something illegal or unconstitutional in this measure, we expect the Sacramento Transportation Authority to defend the measure and make sure it all gets implemented.

To mitigate the immense GHG/VMT (greenhouse gas emissions / vehicle miles traveled) generated by the Connector, the measure proposes Transit and Rail Congestion Improvement Projects. With somewhat less money allocated to this than the Connector, these expenditures might make up for the harm of the Connector, but would not address any other needs in the county. It also proposes BRT features for the Connector, which is ridiculous as this is the last place in the county that a transit agency would propose BRT.

If the Connector, as a whole or in the piecemeal projects by which is has already been partially constructed, causes the region to not meet its legally required greenhouse gas reduction target of 19%, the entire region would therefore be under non-compliance, and therefore ineligible for federal grants.

The proponents see the value of the Connector as enabling greenfield development in the southeast area of the county. Though touted as a solution to congestion on Hwy 50 and Hwy 99, it will not be. What it will do is encourage long distance commuting between El Dorado County and Elk Grove, and generate VMT trips due to the greenfield developments along the corridor. The Connector will not turn out to be a boon to Folsom, Rancho Cordova, and Elk Grove, but yet another congested highway, sucking value away from the cities and citizens.

Search for category Measure 2022 to see posts as they are added.