BILL NUMBER: SB 1102 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2012
INTRODUCED BY Senator DeSaulnier
( Coauthor: Senator Anderson
)
FEBRUARY 16, 2012
An act to add Section 14525.6 to the Government Code, and to amend
Sections 167, 188.8, and 188.11 of, and to add Section
189.9 188.9 to, the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1102, as amended, DeSaulnier. State transportation improvement
program.
(1) Existing law establishes the state transportation improvement
program process, pursuant to which the California Transportation
Commission generally programs and allocates available funds for
transportation capital improvement projects over a multiyear period.
Existing law provides that the Department of Transportation is
responsible for the state highway system. Existing law requires the
department to annually prepare a project delivery report that
identifies milestone dates for state highway projects costing
$1,000,000 or more for which the department is the responsible agency
for project development work.
This bill would require the department , beginning not later
than November 15, 2014 , as part of the annual project delivery
report, to report on the difference between the original allocation
made by the commission and the actual construction capital and
support costs at project close for all state transportation
improvement program projects completed during the previous fiscal
year.
(2) Existing law provides funding for interregional and regional
transportation capital improvement projects through the state
transportation improvement program process, with 25% of funds
available for interregional projects and 75% for regional projects.
Existing law requires funds available for regional projects to be
programmed by the commission pursuant to the county shares formula,
under which a minimum amount of funding is available for programming
in each county. Existing law specifies the project costs to be
charged against county shares in that regard and, in certain cases,
provides for adjustments by the commission if project costs change.
This bill would revise these provisions to require project costs
to include right-of-way support costs. The bill would require the
commission to allocate funds for construction support costs for a
project in the state transportation improvement program at the time
of allocation of funds for construction capital costs. The bill would
require a supplemental project allocation request to be made for all
interregional and regional projects that experience construction
support costs equal to or more than 120% of the amount originally
allocated. The bill would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14525.6 is added to the Government Code, to
read:
14525.6. Beginning in 2013, Not later
than November 15, 2014, and annually thereafter, the department
shall, as part of the project delivery report required pursuant to
Section 14525.5, report on the difference between the original
allocation made by the commission and the actual construction capital
and support costs at project close for all state transportation
improvement program projects completed during the previous fiscal
year.
SEC. 2. Section 167 of the Streets and Highways Code is amended to
read:
167. (a) Funds in the State Highway Account in the State
Transportation Fund shall be programmed, budgeted subject to Section
163, and expended to maximize the use of federal funds and shall be
based on the following sequence of priorities:
(1) Operation, maintenance, and rehabilitation of the state
highway system.
(2) Safety improvements where physical changes, other than adding
additional lanes, would reduce fatalities and the number and severity
of injuries.
(3) Transportation capital improvements that expand capacity or
reduce congestion, or do both.
(4) Environmental enhancement and mitigation programs.
(b) With respect to the funds in the State Highway Account, in the
Public Transportation Account, and in the Passenger Rail Bond Fund,
the proposed budget shall be organized on a program basis. The
proposed budget shall list the proposed expenditures for the
transportation program under the following program elements:
(1) Administration.
(2) Program development.
(3) Maintenance.
(4) State highway operation and protection.
(5) Local assistance.
(6) Interregional improvements.
(7) Regional improvements.
(8) Environmental enhancement and mitigation programs.
(c) State operations expenditure amounts of the department for
interregional and regional transportation improvement projects shall
be listed as required by subdivision (b) of Section 14529 of the
Government Code, but those amounts other than those for the
acquisition of rights-of-way, construction, and construction support
shall not be subject to allocation by the commission.
(d) To align the annual budget with the adopted state
transportation improvement program, the department may submit to the
Department of Finance revised capital outlay support and capital
outlay budget estimates as part of its May Revision process. Budget
proposals related to these changes shall be provided to the
Legislature no later than May 1.
(e) The budget shall not include specific appropriations for
specific transportation improvement projects, and the Legislature
shall not enact legislation containing specific individual
transportation projects.
(f) The basis for defining major and minor capital outlay projects
shall be established by the commission.
(g) The Legislative Analyst shall prepare an analysis of the
proposed expenditures for each program element as a part of the
budget analysis.
(h) The department shall submit to the Legislative Analyst, and
the Senate Committee on Budget and Fiscal Review and the Assembly
Committee on Budget, on an annual basis, supplemental information to
substantiate the department's proposed capital outlay support budget.
The information shall be provided no later than May 1 of each year,
and may be provided at an earlier date. The information shall
include, but not be limited to, the following:
(1) A list of projects for which the department will perform
capital outlay support work in the budget year. For each project, the
department shall include:
(A) The planned project support budget for support of
environmental, design, right-of-way, and construction phases.
(B) The planned capital costs, including construction capital
costs and right-of-way capital costs.
(C) The estimated or actual construction start date and completion
date.
(D) The name and year of the state transportation program in which
the project is programmed, if applicable.
(E) Total prior fiscal year expenditures for capital outlay
support.
(F) The number of full-time equivalent positions requested to
perform support of environmental, design, right-of-way, and
construction work in the fiscal year of the budget request.
(G) Milestones of project work by phases that are planned to be
completed in the fiscal year of the budget request.
(H) The ratio of support to capital costs based on current
programming.
(2) The capital-to-support ratio for all projects completed in the
prior fiscal year in each program in each district.
(3) The current total number of authorized and vacant positions in
the capital outlay support program in headquarters and in each
district.
(4) A five-year projection of the department's staffing needs to
support the state's transportation capital programs and any workload
performed by the department related to federal or local funding for
highway capital projects.
(5) The average cost of a personnel-year equivalent in each
district based on the department's existing contracts for capital
outlay support work performed by a private company under contract
with the department. For each average cost, the department shall
provide a description of what factors are included in that cost.
(6) The average cost of a state staff personnel-year in the
capital outlay support program in each district and in headquarters.
The cost shall include the salary and wages, benefits, program
overhead, administrative overhead, and other associated costs. The
department shall provide a description of each component of the
average cost.
(7) A summary of expected capital outlay support workload for the
budget year that includes the following:
(A) The total full-time equivalents requested for each type of the
following activities: environmental, design, right-of-way, and
construction.
(B) The total full-time equivalents requested for each type of
project, including, but not limited to, the state transportation
improvement program, the state highway operation and protection
program, bond programs, regional and local agency partnership
workload, and any other program.
(8) The total number of projects with requested resources, as well
as the number of projects in which the department is limited to an
oversight role.
(9) The number of milestones scheduled, including environmental,
design, right-of-way, and construction deliverables, as well as the
number of projects expected to begin construction and reach
completion.
(10) A summary for the most recently completed fiscal year for the
following:
(A) Full-time equivalents and related funding expended, including
support of environmental, design, right-of-way, and construction
activities.
(B) Approved and filled positions as of the end of the fiscal
year.
SEC. 3. Section 188.8 of the Streets and Highways Code is amended
to read:
188.8. (a) From the funds programmed pursuant to Section 188 for
regional improvement projects, the commission shall approve programs
and program amendments, so that funding is distributed to each county
of County Group No. 1 and in each county of County Group No. 2
during the county share periods commencing July 1, 1997, and ending
June 30, 2004, and each period of four years thereafter. The amount
shall be computed as follows:
(1) The commission shall compute, for the county share periods all
of the money to be expended for regional improvement projects in
County Groups Nos. 1 and 2, respectively, as provided in Section 188.
(2) From the amount computed for County Group No. 1 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 1 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 1.
(3) From the amount computed for County Group No. 2 in paragraph
(1) for the county share periods the commission shall determine the
amount of programming for each county in the group based on a formula
that is based 75 percent on the population of the county to the
total population of County Group No. 2 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 2.
(b) Notwithstanding subdivision (a), that portion of the county
population and state highway mileage in El Dorado and Placer Counties
that is included within the jurisdiction of the Tahoe Regional
Planning Agency shall be counted separately toward the area under the
jurisdiction of the Tahoe Regional Transportation Agency and may not
be included in El Dorado and Placer Counties. The commission shall
approve programs, program amendments, and fund reservations for the
area under the jurisdiction of the Tahoe Regional Transportation
Agency that shall be calculated using the formula described in
paragraph (2) of subdivision (a).
(c) A transportation planning agency designated pursuant to
Section 29532 of the Government Code, or a county transportation
commission created by Division 12 (commencing with Section 130000) of
the Public Utilities Code, may adopt a resolution to pool its county
share programming with any county or counties adopting similar
resolutions to consolidate its county shares for two consecutive
county share periods into a single share covering both periods. A
multicounty transportation planning agency with a population of less
than three million may also adopt a resolution to pool the share of
any county or counties within its region. The resolution shall
provide for pooling the county share programming in any of the
pooling counties for the new single share period and shall be
submitted to the commission not later than May 1 immediately
preceding the commencement of the county share period.
(d) For the purposes of this section, funds programmed shall
include the following costs pursuant to subdivision (b) of Section
14529 of the Government Code:
(1) The amounts programmed or budgeted for both components of
project development in the original programmed year.
(2) The amount programmed for right-of-way and right-of-way
support costs in the year programmed in the most recent state
transportation improvement program. If the final estimate is greater
than 120 percent or less than 80 percent of the amount originally
programmed, the amount shall be adjusted for final expenditure
estimates at the time of right-of-way certification.
(3) The engineer's final estimate of project costs, including
construction support, presented to the commission for approval
pursuant to Section 14533 of the Government Code in the year
programmed in the most recent state transportation improvement
program. If the construction contract award amount is less than 80
percent of the engineer's final estimate, excluding construction
support, the department shall notify the commission and the
commission may adjust its project allocation accordingly.
(4) Project costs shown in the program, as amended, where project
allocations have not yet been approved by the commission, escalated
to the date of scheduled project delivery.
(e) Project costs shown in the program may not be changed to
reflect any of the following:
(1) Differences that are within 20 percent of the amount
programmed for actual project development cost.
(2) Actual right-of-way purchase costs.
(3) Construction contract award amounts, except when those amounts
are less than 80 percent of the engineer's final estimate, excluding
construction support, and the commission has adjusted the project
construction allocation.
(4) Changes in construction expenditures, except for supplemental
project allocations made by the commission, including supplemental
allocations made pursuant to subdivision (b) of Section 188.9.
(f) For the purposes of this section, the population in each
county is that determined by the last preceding federal census, or a
subsequent census validated by the Population Research Unit of the
Department of Finance, at the beginning of each county share period.
(g) For the purposes of this section, "state highway miles" means
the miles of state highways open to vehicular traffic at the
beginning of each county share period.
(h) It is the intent of the Legislature that there is to be
flexibility in programming under this section and Section 188 so
that, while ensuring that each county will receive an equitable share
of state transportation improvement program funding, the types of
projects selected and the programs from which they are funded may
vary from county to county.
(i) Commencing with the four-year period commencing on July 1,
2004, individual county share shortfalls and surpluses at the end of
each four-year period, if any, shall be carried forward and credited
or debited to the following four years.
(j) The commission, with the consent of the department, may
consider programming projects in the state transportation improvement
program in a county with a population of not more than 1,000,000 at
a level higher or lower than the county share, when the regional
agency either asks to reserve part or all of the county's share until
a future programming year, to build up a larger share for a higher
cost project, or asks to advance an amount of the share, in an amount
not to exceed 200 percent of the county's current share, for a
larger project, to be deducted from shares for future programming
years. After consulting with the department, the commission may
adjust the level of programming in the regional program in the
affected region against the level of interregional programming in the
improvement program to accomplish the reservation or advancement,
for the current state transportation improvement program. The
commission shall keep track of any resulting shortfalls or surpluses
in county shares.
(k) Notwithstanding subdivision (a), in a region defined by
Section 66502 of the Government Code, the transportation planning
agency may adopt a resolution to pool the county share of any county
or counties within the region, if each county receives no less than
85 percent and not more than 115 percent of its county share for a
single county share period and 100 percent of its county share over
two consecutive county share periods. The resolution shall be
submitted to the commission not later than May 1, immediately
preceding the commencement of the county share period.
( l ) Federal funds used for federal demonstration
projects that use federal obligational authority otherwise available
for other projects shall be subtracted from the county share of the
county where the project is located.
SEC. 4. Section 188.9 is added to the Streets and Highways Code,
to read:
188.9. (a) The Beginning January 1, 2013,
the commission shall allocate construction support costs for a
project in the state transportation improvement program at the time
of allocation of construction capital costs.
(b) The commission shall require a supplemental project allocation
request for a project that experiences construction support costs
equal to or greater than 120 percent of the amount originally
allocated.
SEC. 5. Section 188.11 of the Streets and Highways Code is amended
to read:
188.11. (a) The commission, with assistance from the department
and regional agencies, shall maintain a long-term balance of shares,
shortfalls, and surpluses for regional improvement programs.
(b) The balance shall include all of the following:
(1) Shares from the fund estimate for each state transportation
improvement program pursuant to Section 14525 of the Government Code.
(2) Amounts programmed in each state transportation improvement
program pursuant to Section 14529 of the Government Code.
(3) Surpluses or shortfalls due to reservations or advancements
pursuant to subdivision (j) of Section 188.8.
(4) Amounts deducted or added because of changes in project
development costs or a cost increase or savings in the final
engineering estimate or the final right-of-way certification estimate
at the time of allocation for construction, pursuant to subdivisions
(d) and (e) of Section 188.8.
(5) Any supplemental project allocations during or following
construction, including supplemental allocations made pursuant to
subdivision (b) of Section 188.9.
(6) Amounts deducted or added because of amendments to the state
transportation improvement program that add, delete, or change the
scope and cost of regional improvement projects, pursuant to Section
14531 of the Government Code.
(c) The balance through the preceding fiscal year shall be made
available for review by all regional agencies at the time of each
fund estimate, and by not later than August 15 of each year.
(d) The commission, through the fund estimate, shall restore for
the next state transportation improvement program the interregional
improvement program level specified in subdivision (a) of Section
164.