[House Report 109-610]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-610

======================================================================



 
         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.

                                  
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