BILL NUMBER: SB 486 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator DeSaulnier
(Coauthor: Senator Liu)
FEBRUARY 21, 2013
An act to amend Sections 14526, 14526.5, and 14536 of, to
add Section Sections 14523.5
, 14524.3, 14525.7, and 14526.4 to, and to repeal Section
14009 of, the Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 486, as amended, DeSaulnier. Department of Transportation:
goals and performance measures.
Existing law provides that the Department of Transportation shall
have full possession and control of the state highway system and
specifies the duties and responsibilities of the department on
various other transportation matters. Existing law requires the
department to prepare the interregional transportation improvement
program which, along with the regional transportation improvement
programs adopted by regional transportation agencies, becomes part of
the state transportation improvement program and identifies most
transportation capital improvements to be undertaken over a multiyear
period with state and federal funds. Existing law also requires the
department to separately prepare the state highway operation and
protection program, which identifies capital projects limited to
maintenance, safety, and rehabilitation work necessary to
preserve and protect the state highway system. Existing law
requires the California Transportation Commission to, among other
things, adopt the state transportation improvement program and
approve the state highway operation and protection program, and
further provides for the commission to allocate transportation
capital funds to specific projects contained in the state
transportation improvement program, but not the state highway
operation and protection program, which is managed by the department
.
This bill would require the commission, on or before January 31,
2015, and every 4 years thereafter, and in consultation with the
department, to develop and adopt specific goals for the department to
achieve specified priorities relative to the operation of effective
transportation systems, the maintenance of the state highway system,
and the reduction of greenhouse gas emissions in the department's
activities. The bill would require the commission, in consultation
with the department, to identify performance measures in that regard
and to include an evaluation of the department's progress in meeting
the goals in the commission's annual report to the Legislature.
This bill would also require the commission to establish
guidelines, including specified standards, for the department to
follow in the development and selection of projects for the
interregional transportation improvement program, and would require
the commission to adopt the program. The bill would require the
department, on or before December 15, 2015, and every 5 years
thereafter, to adopt and submit to the commission an interregional
transportation strategic plan directed at achieving a
high-functioning and balanced interregional transportation system,
reflecting specified legislative priorities. The bill would require
projects included in the interregional transportation improvement
program to be consistent with the interregional transportation
strategic plan, and would require the commission to hold public
hearings on the program to attempt to reconcile any objections.
The bill would also require the commission to establish
guidelines, including specified standards, for the department to
follow in the development and selection of projects for the state
highway operation and protection program. The bill would require
preparation of a project study report or major investment study prior
to inclusion by the department of a project in the state highway
operation and protection program. The bill would specifically
authorize the commission to decline to adopt the program if it
determines that the program is not sufficiently consistent with the
guidelines.
Existing law requires the commission to submit an annual report to
the Legislature including, among other things, a discussion of major
transportation policy issues.
This bill would require the annual report to contain a discussion
of the department's project support costs for capital projects.
Existing law requires the department, by June 30, 1994, to apply
for federal funding to be used for conversion of data pertaining to
the state highway system from paper storage to intelligent computer
information, and to commence implementation of the conversion process
within 6 months of receiving federal funding approval.
This bill would repeal these provisions.
The bill would also make legislative findings and declarations.
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. The Legislature finds and declares all of
the following:
(a) The state recently contracted with the State Smart
Transportation Initiative (SSTI) to conduct an external assessment of
the Department of Transportation and provide recommendations for
improving the department's performance.
(b) The SSTI assessment found that the department has not kept
pace with changes in transportation policy and called for reforms to
modernize the department's mission, strengthen its performance, and
help align the department with the state's policy goals.
(c) The regional transportation planning process is an inclusive,
exhaustive process that moves from a longer-term vision, represented
by the regional transportation plan, to a short-term list of specific
projects in the regional transportation improvement program, which
implements the long-term vision.
(d) The department, which is responsible for the maintenance and
operation of the state highway system and for the state's
interregional transportation system, does not currently have in place
a similarly inclusive planning process that moves from vision to
implementation.
(e) Developing a process for the department to follow in
development of the state's interregional and highway maintenance and
operations programs similar to the regional transportation planning
process can create a framework for the department to begin to address
the flaws identified in the SSTI assessment and allow the state to
catch up with the changes in transportation policy such that the
department can once again be aligned with the state's policy goals.
SECTION 1. SEC. 2. Section 14009 of
the Government Code is repealed.
SEC. 2. SEC. 3. Section 14523.5 is
added to the Government Code, to read:
14523.5. (a) No later than January 31, 2015, and every four years
thereafter, the commission, in consultation with the department,
shall develop and adopt specific goals for the department to achieve
each of the following priorities:
(1) The operation of effective transportation systems for moving
people and goods between regions and through the state using, for
example, traffic demand strategies and technology that do not require
the addition of capacity.
(2) The maintenance of the state's state highway system in a state
of good repair.
(3) The reduction of greenhouse gas emissions to the maximum
extent feasible in all of the department's activities.
(b) The commission, in consultation with the department, shall
identify performance measures for each of the goals adopted pursuant
to subdivision (a) and shall include an evaluation of the department'
s progress toward meeting these goals in its annual report to the
Legislature pursuant to Section 14535. The department shall comply
with requests from the commission for information necessary to
perform the required evaluation.
SEC. 4. Section 14524.3 is added to the Government
Code, to read:
14524.3. (a) On or before December 15, 2015, and every five years
thereafter, the department shall adopt and submit to the commission
an interregional transportation strategic plan directed at achieving
a high-functioning and balanced interregional transportation system.
The plan shall be action oriented and pragmatic, considering both the
short-term and long-term future, and shall present clear, concise
policy guidance to the department for managing the state's
transportation system.
(b) The plan shall reflect, in order, the following legislative
priorities:
(1) Maintaining the state's existing transportation system in a
state of good repair.
(2) Addressing the state's responsibility of efficient goods
movement through and within the state.
(3) Improving system operations through traffic demand strategies
and technology.
(4) Improving the livability of the state's transportation system,
and improving access to the system to all users, where appropriate.
(5) Reducing greenhouse gas emissions consistent with the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(6) Assisting regions with congestion reduction when appropriate.
(c) The interregional transportation strategic plan shall be
consistent with the California Transportation Plan required by
Section 65071.
SEC. 5. Section 14525.7 is added to the Government
Code, to read:
14525.7. (a) The commission shall adopt guidelines for the
department to follow in the development and the selection of projects
for the state's interregional transportation improvement program
required by Section 14526.
(b) The guidelines shall include, but not be limited to, all of
the following:
(1) Standards for project deliverability.
(2) Standards for identifying projects and project components.
(3) Standards for cost estimating.
(4) Programming methods for cost increases and schedule changes.
(5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
(c) The guidelines shall, at a minimum, require that, for each
project, the program shall specify the allocation or expenditure
amount and the allocation or expenditure year for each project
component, as necessary.
(d) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in selecting interregional transportation projects to be included in
the state transportation improvement program.
(e) The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make a
reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
SEC. 6. Section 14526 of the Government
Code is amended to read:
14526. (a) Not later than December 15, 2001, and December 15 of
each odd-numbered year thereafter, based on the guidelines
established pursuant to Section 14525.7, and after consulting
with the transportation planning agencies, county transportation
commissions, and transportation authorities, the department shall
submit to the commission for adoption its five-year
interregional transportation improvement program consisting of all of
the following:
(1) Projects to improve state highways, pursuant to subdivision
(b) of Section 164 of the Streets and Highways Code.
(2) Projects to improve the intercity passenger rail system.
(3) Projects to improve interregional movement of people,
vehicles, and goods.
(b) Projects included in the interregional transportation
improvement program shall be consistent with the state interregional
transportation strategic plan prepared pursuant to Section 14524.2.
(b)
(c) Projects may not be included in the interregional
transportation improvement program without a project study report or
major investment study.
(c)
(d) Major projects shall include current costs updated
as of November 1 of the year of submittal and escalated to the
appropriate year, and shall be consistent with, and provide the
information required in, subdivision (b) of Section 14529.
(d)
(e) Projects included in the interregional
transportation improvement program shall be consistent with the
adopted regional transportation plan.
(f) Prior to adopting the department's interregional
transportation improvement plan, the commission shall hold not less
than one hearing in northern California and one hearing in southern
California to attempt to reconcile any objections by any member of
the public or other stakeholder to the department's plan.
SEC. 7. Section 14526.4 is added to the Government
Code, to read:
14526.4. (a) The commission shall establish guidelines for the
department to follow in the development and selection of projects for
the state highway operation and protection program required by
Section 14526.5.
(b) The guidelines shall include, but not be limited to, all of
the following:
(1) Standards for project deliverability.
(2) Standards for identifying projects and project components.
(3) Standards for cost estimating.
(4) Programming methods for cost increases and schedule changes.
(5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
(c) The guidelines shall, at a minimum, require that, for each
project, the state highway operation and protection program shall
specify the allocation or expenditure amount and the allocation or
expenditure year for each project component, as necessary.
(d) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in reviewing and adopting the state highway operation and protection
program.
SEC. 8. Section 14526.5 of the
Government Code is amended to read:
14526.5. (a) The Based on the guidelines
adopted pursuant to Section 14526.4, the department shall
prepare a state highway operation and protection program for the
expenditure of transportation funds for major capital improvements
that are necessary to preserve and protect the state highway system.
Projects included in the program shall be limited to capital
improvements relative to maintenance, safety, and rehabilitation of
state highways and bridges which that
do not add a new traffic lane to the system.
(b) The program shall include projects which
that are expected to be advertised prior to July 1 of the
year following submission of the program, but which have not yet been
funded. The program shall include those projects for which
construction is to begin within four fiscal years, starting July 1 of
the year following the year the program is submitted.
(c) Projects may not be included in the state highway operation
and protection program without a project study report or major
investment study.
(c)
(d) The program shall be submitted to the commission
not later than January 31 of each even-numbered year. Prior to
submitting the plan, the department shall make a draft of its
proposed program available to transportation planning agencies for
review and comment and shall include the comments in its submittal to
the commission.
(d)
(e) The commission may review the program relative to
its overall adequacy, consistency with the guidelines
adopted pursuant to Section 14526.4, the level of annual
funding needed to implement the program, and the impact of those
expenditures on the state transportation improvement program. The
commission shall approve and submit adopt
the program and submit it to the Legislature and the
Governor not later than April 1 of each even-numbered year. The
commission may decline to adopt the program if the commission
determines that the program is not sufficiently consistent with the
guidelines established in Section 14526.4.
(f) Expenditures for these projects shall not be
subject to Sections 188 and 188.8 of the Streets and Highways Code.
SEC. 9. Section 14536 of the Government
Code is amended to read:
14536. (a) The annual report shall include an explanation and
summary of major policies and decisions adopted by the commission
during the previously completed state and federal fiscal year, with
an explanation of any changes in policy associated with the
performance of its duties and responsibilities over the past year.
(b) The annual report may also include a discussion of any
significant upcoming transportation issues anticipated to be of
concern to the public and the Legislature.
(c) The annual report submitted to the Legislature for the years
2001 to 2008, inclusive, shall include all of the following:
(1) A summary and discussion of loans and transfers authorized
pursuant to Sections 14556.7 and 14556.8.
(2) A summary and discussion on the cash-flow and project delivery
impact of those loans and transfers.
(3) A summary of any guidance provided to the department pursuant
to Section 14556.7.
(c) As part of its role described in Section 14520, the commission'
s annual report shall also include a discussion of the department's
project support costs, including analyses of the department's
expenditures on project support based on cost estimates at the
following points in time:
(1) Original programming date.
(2) Upon completion of the environmental review process.
(3) Upon completion of final design and when contract is let.
(4) Project closeout date.