Amended in Assembly August 18, 2014

Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

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

Senate BillNo. 486


Introduced by Senator DeSaulnier

(Coauthors: Senators Cannella, Gaines, Hancock, Lara, Liu, Pavley, Roth, and Steinberg)

(Coauthor: Assembly Member Lowenthal)

February 21, 2013


An act to amend Sections 14526, 14526.5, and 14536 of, to add Sections 14523.5, 14524.3, 14524.4, 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 authorize the commission, in consultation with the department, to develop and adopt specific goals for the department. The bill would require the commission, in consultation with the department, to identify performance measures with regard to the goals that the commission elects to adopt 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 authorize the commission to prescribe study areas for analysis and evaluation by the department and to establish guidelines for updates to the California Transportation Plan, commencing with the plan required to be updated by December 31, 2020. The bill would require the department, on or before October 15, 2015, to submit to the commission for approval an interregional transportation strategic plan directed at achieving a high-functioning and balanced interregional transportation system.

The bill would revise the procedures for the development of the interregional transportation improvement program by requiring the department to submit a draft 5-year interregional transportation improvement program to the commission by October 15 of each odd-numbered year. The bill would require projects included in the draft interregional transportation improvement program to be consistent with the interregional transportation strategic plan. The bill would require the commission to hold public hearings by November 15 of each odd-numbered year regarding the draft program and to attempt to reconcile any objections. The department would be required to consider the input received at the hearings and develop and submit a final interregional transportation improvement program to the commission for approval not later than December 15 of each odd-numbered year.

The bill would also require the commission, in cooperation with the department, 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.begin delete 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.end delete 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 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:

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) The state recently contracted with the State Smart
4Transportation Initiative (SSTI) to conduct an external assessment
5of the Department of Transportation and provide recommendations
6for improving the department’s performance.

7(b) The SSTI assessment found that the department has not kept
8pace with changes in transportation policy and called for reforms
9to modernize the department’s mission, strengthen its performance,
10and help align the department with the state’s policy goals.

P4    1(c) The regional transportation planning process is an inclusive,
2 exhaustive process that moves from a longer-term vision,
3represented by the regional transportation plan, to a short-term list
4of specific projects in the regional transportation improvement
5program, which implements the long-term vision.

6(d) The regional transportation planning process begins with
7the California Transportation Commission offering guidance and
8prescribing study areas for analysis and evaluation by the regional
9agencies, as well as providing guidelines for the preparation of the
10regional transportation plans.

11(e) At the state level, the California Transportation Plan (state
12plan) is intended to guide long-term, inclusive planning for state
13transportation systems. The commission should provide guidance
14for the development of the state plan just as it does for regional
15transportation plans.

16(f) An intensive effort is currently underway by the department
17to develop the next state plan by December 2015. Asking the
18commission to provide guidance now would be disruptive to that
19effort. However, the commission’s guidance on the interregional
20transportation strategic plan (interregional plan), which is one of
21the elements of the state plan, would be helpful in the interim until
22development of the next state plan, when the commission’s
23guidance should directly inform the development of the state plan.

24(g) The interregional plan, updated based on the commission’s
25guidance to reflect current state policies, goals, and objectives,
26can appropriately provide information regarding the department’s
27investments in the interregional transportation improvement
28program so that this program is more closely aligned with state
29goals and policies.

30(h) Developing a process for the department to follow in
31development of the state’s interregional and highway maintenance
32and operations programs similar to the regional transportation
33planning process can create a framework for the department to
34begin to address the flaws identified in the SSTI assessment and
35allow the state to catch up with the changes in transportation policy
36such that the department can once again be aligned with the state’s
37policy goals.

38

SEC. 2.  

Section 14009 of the Government Code is repealed.

39

SEC. 3.  

Section 14523.5 is added to the Government Code, to
40read:

P5    1

14523.5.  

(a) The commission, in consultation with the
2department, may develop and adopt specific goals for the
3department.

4(b) The commission, in consultation with the department, shall
5identify performance measures for the goals that the commission
6elects to adopt pursuant to subdivision (a) and shall include an
7evaluation of the department’s progress toward meeting these goals
8in its annual report to the Legislature pursuant to Section 14535.
9The department shall comply with requests from the commission
10for information necessary to perform the required evaluation.

11

SEC. 4.  

Section 14524.3 is added to the Government Code, to
12read:

13

14524.3.  

Commencing with the update to the California
14Transportation Plan that is required on or before December 31,
152020, the commission may, in cooperation with the department,
16prescribe study areas for analysis and evaluation by the department
17and may establish guidelines for the preparation of the updates to
18the California Transportation Plan prepared pursuant to Section
1965071.

20

SEC. 5.  

Section 14524.4 is added to the Government Code, to
21read:

22

14524.4.  

(a) On or before October 15, 2015, the department
23shall submit to the commission for approval an interregional
24transportation strategic plan directed at achieving a high
25functioning and balanced interregional transportation system. The
26plan shall be action-oriented and pragmatic, considering both the
27short-term and long-term future, and shall present clear, concise
28policy guidance to the department for managing the state’s
29transportation system.

30(b) The interregional transportation strategic plan shall be
31consistent with the California Transportation Plan as updated
32pursuant to Section 65071.

33

SEC. 6.  

Section 14526 of the Government Code is amended
34to read:

35

14526.  

(a) Not later than October 15 of each odd-numbered
36year, based on the guidelines established pursuant to Section
3714530.1, and after consulting with the transportation planning
38agencies, county transportation commissions, and transportation
39authorities, the department shall submit to the commission the
P6    1draft five-year interregional transportation improvement program
2consisting of all of the following:

3(1) Projects to improve state highways, pursuant to subdivision
4(b) of Section 164 of the Streets and Highways Code.

5(2) Projects to improve the intercity passenger rail system.

6(3) Projects to improve interregional movement of people,
7vehicles, and goods.

8(b) Projects included in the interregional transportation
9improvement program shall be consistent with the state
10interregional transportation strategic plan prepared pursuant to
11Section 14524.4.

12(c) Projects may not be included in the draft interregional
13transportation improvement program without a project study report
14or major investment study.

15(d) Major projects shall include current costs updated as of
16November 1 of the year of submittal and escalated to the
17appropriate year, and shall be consistent with, and provide the
18information required in, subdivision (b) of Section 14529.

19(e) Projects included in the draft interregional transportation
20improvement program shall be consistent with the adopted regional
21transportation plan.

22(f) On or before November 15 of each odd-numbered year, the
23commission shall hold at least one hearing in northern California
24and one hearing in southern California to attempt to reconcile any
25objections by any member of the public or other stakeholder to
26the draft interregional transportation improvement program.

27(g) The department shall consider the input received at the
28hearings conducted pursuant to subdivision (f) and shall develop
29a final interregional transportation improvement program. The
30final interregional transportation improvement program shall
31include a summary of the major comments received at the hearings
32and responses to those comments, and shall be submitted to the
33commission for approval not later than December 15 of each
34odd-numbered year.

35(h) The commission shall, when approving the final interregional
36transportation improvement program pursuant to subdivision (g),
37evaluate the extent to which the program is consistent with funding
38priorities established in Section 167 of the Streets and Highways
39Code.

P7    1

SEC. 7.  

Section 14526.4 is added to the Government Code, to
2read:

3

14526.4.  

(a) The commission, in cooperation with the
4department, shall establish guidelines for the department to follow
5in the development and selection of projects for the state highway
6operation and protection program required by Section 14526.5.

7(b) The guidelines shall include, but not be limited to, all of the
8following:

9(1) Standards for project deliverability.

10(2) Standards for identifying projects and project components.

11(3) Standards for cost estimating.

12(4) Programming methods for cost increases and schedule
13changes.

14(5) Objective criteria for measuring system performance and
15cost-effectiveness of candidate projects.

16(c) The guidelines shall, at a minimum, require that, for each
17project, the state highway operation and protection program shall
18specify the allocation or expenditure amount and the allocation or
19expenditure year for each project component, as necessary.

20(d) The guidelines shall be the complete and full statement of
21the policy, standards, and criteria that the commission intends to
22use in reviewing and adopting the state highway operation and
23protection program.

24

SEC. 8.  

Section 14526.5 of the Government Code is amended
25to read:

26

14526.5.  

(a) Based on the guidelines adopted pursuant to
27Section 14526.4, the department shall prepare a state highway
28operation and protection program for the expenditure of
29transportation funds for major capital improvements that are
30necessary to preserve and protect the state highway system. Projects
31included in the program shall be limited to capital improvements
32relative to maintenance, safety, and rehabilitation of state highways
33and bridges that do not add a new traffic lane to the system.

34(b) The program shall include projects that are expected to be
35advertised prior to July 1 of the year following submission of the
36program, but which have not yet been funded. The program shall
37include those projects for which construction is to begin within
38four fiscal years, starting July 1 of the year following the year the
39program is submitted.

begin delete

P8    1(c) Projects may not be included in the state highway operation
2and protection program without a project study report or major
3investment study.

end delete
begin delete

4(d)

end delete

5begin insert(c)end insert The program shall be submitted to the commission not later
6than January 31 of each even-numbered year. Prior to submitting
7the plan, the department shall make a draft of its proposed program
8available to transportation planning agencies for review and
9comment and shall include the comments in its submittal to the
10commission.

begin delete

11(e)

end delete

12begin insert(d)end insert The commission may review the program relative to its
13overall adequacy, consistency with the guidelines adopted pursuant
14to Section 14526.4 and funding priorities established in Section
15167 of the Streets and Highway Code, the level of annual funding
16needed to implement the program, and the impact of those
17expenditures on the state transportation improvement program.
18The commission shall adopt the program and submit it to the
19Legislature and the Governor not later than April 1 of each
20even-numbered year. The commission may decline to adopt the
21program if the commission determines that the program is not
22sufficiently consistent with the guidelines established in Section
2314526.4.

begin delete

24(f)

end delete

25begin insert(e)end insert Expenditures for these projects shall not be subject to
26Sections 188 and 188.8 of the Streets and Highways Code.

27

SEC. 9.  

Section 14536 of the Government Code is amended
28to read:

29

14536.  

(a) The annual report shall include an explanation and
30summary of major policies and decisions adopted by the
31commission during the previously completed state and federal
32fiscal year, with an explanation of any changes in policy associated
33with the performance of its duties and responsibilities over the
34past year.

35(b) The annual report may also include a discussion of any
36significant upcoming transportation issues anticipated to be of
37concern to the public and the Legislature.

38(c) As part of its role described in Section 14520, the
39commission’s annual report shall also include a discussion of the
P9    1department’s project costs, including analyses of the department’s
2 expenditures on project support at the following points in time:

3(1) Original programming date.

4(2) Upon completion of the environmental review process and
5the approval of the project.

6(3) Upon completion of final design and when the construction
7contract is awarded.

8(4) Project closeout date.



O

    91