Highway 37 project in North Bay could get environmental exception to proceed
The 10-mile stretch of Highway 37 between Mare Island in Solano County and Sears Point in Sonoma County is considered one of the most problematic roadways in the state of California.
About the only thing that moves slower than the traffic on Highway 37 is the progress to correct the problem.
But now it looks like the state is prepared to suspend some of its own regulations in order to get that job done.
"We know that there's this 10-mile stretch between Sears Point and Mare Island that is an absolute bottle neck," said Assemblymember Lori Wilson. "And it doesn't have to be commute hours. This is kind of like an all-day thing. There's a small window to get through there unscathed."
As an Assembly member from Solano County, Wilson is well aware of the gridlock on Highway 37. And so are her constituents. So, she spoke at a committee hearing last week to make sure that her fellow legislators understood, as well.
"It is so unreliable that North Bay transit operators won't even run buses on the corridor because it would be impossible to stick to a regular schedule," she told members of the Assembly Water, Parks and Wildlife Committee.
The state has plans to widen Highway 37 to two lanes each way, and they've been talking about it for decades, held up mainly by a lack of funding.
But something else is standing in the way — the animals that live in the salt marshes on either side of the roadway. Some of them have protected status, specifically the salt marsh harvest mouse, the California clapper rail, its cousin the California black rail and the white-tailed kite.
The law said no construction can be done nearby during critical periods in their life cycles, and that would have a profound impact on the road project.
"Based on their life cycles, it would reduce construction time period to basically about three months out of a 12-month year," said Wilson. "Which you can imagine if you could only build three months out of a 12 month year, how long that project would take."
So, Wilson has introduced Assembly Bill 697 which would exempt the Highway 37 project with what's known as an "incidental take" permit. Construction crews would still have to take precautions to protect the wildlife, but the state won't automatically assume that something terrible will happen.
The Metropolitan Transportation Commission said that's vital for the project to happen at all.
"The way the law is written now," said MTC spokesperson John Goodwin, " because there is the possibility of harm being done to these animals, work cannot take place. This would allow work to take place in this location."
It seems like common sense, but that hasn't always been the hallmark of California law. Now, lots of regulations, from housing rules to environmental laws to species protection are being reconsidered. And Wilson may be one of the new species of Democrat legislators, willing to take a second look at a law's practical value.
"We needed to strive to have these aspirational goals, but at the same time, you have to be balanced," she said. "So, you can't just swing the pendulum the whole other way and not care about people. Because the whole point of doing this work is to support people."
AB 697 passed the committee with a unanimous vote. The current Highway 37 project is expected to cost about half a billion dollars, and Goodwin said, while there are still plenty of funding issues to work out, if all goes well, it's possible construction could begin sometime in 2027.
