Amended in Assembly August 21, 2014

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 Sectionsbegin delete 14526, 14526.5, and 14536end deletebegin insert 14526 and 14526.5end insert of, to add Sectionsbegin delete 14523.5,end delete 14524.3, 14524.4,begin delete andend delete 14526.4begin insert, and 14526.6end insert 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.

begin delete

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.

end delete

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 beforebegin delete October 15,end deletebegin insert June 30,end insert 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 wouldbegin delete alsoend delete require thebegin delete commissionend deletebegin insert departmentend insert, inbegin delete cooperationend deletebegin insert consultationend insert with thebegin delete departmentend deletebegin insert commissionend insert, to begin deleteestablish guidelines, including specified standards, for the department to follow in the development andend deletebegin insert prepare a robust asset management plan to guideend insert selection of projects for the state highway operation and protectionbegin delete program.end deletebegin insert, which plan would be subject to approval by the commission. The bill would require the department to include, for each project in the program, a capital and support budget and projected delivery date for various components of the project.end insert The bill would specifically authorize the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with thebegin delete guidelines.end deletebegin insert asset management plan. This bill would require the department to report quarterly to the commission on the approved capital and support budgets compared to expenditures at contract construction acceptance for each major state highway operation and protection program project completed in the previous quarter.end insert

begin delete

Existing law requires the commission to submit an annual report to the Legislature including, among other things, a discussion of major transportation policy issues.

end delete
begin delete

This bill would require the annual report to contain a discussion of the department’s project costs for capital projects.

end delete

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:

P4    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 assessmentbegin delete found that the department has not kept
8pace with changes in transportation policy andend delete
called for reforms
9to modernize the department’s mission, strengthen its performance,
10and help align the department with the state’s policy goals.

11(c) The regional transportation planning process is an inclusive,
12 exhaustive process that moves from a longer-term vision,
13represented by the regional transportation plan, to a short-term list
14of specific projects in the regional transportation improvement
15program, which implements the long-term vision.

16(d) The regional transportation planning process begins with
17the California Transportation Commission offering guidance and
18prescribing study areas for analysis and evaluation by the regional
19agencies, as well as providing guidelines for the preparation of the
20regional transportation plans.

21(e) At the state level, the California Transportation Plan (state
22plan) is intended to guide long-term, inclusive planning for state
23transportation systems. The commission should provide guidance
24for the development of the state plan just as it does for regional
25transportation plans.

26(f) An intensive effort is currently underway by the department
27to develop the next state plan by December 2015. Asking the
28commission to provide guidance now would be disruptive to that
29effort. However, the commission’s guidance on the interregional
30transportation strategic plan (interregional plan), which is one of
31the elements of the state plan, would be helpful in the interim until
32development of the next state plan, when the commission’s
33guidance should directly inform the development of the state plan.

34(g) The interregional plan, updated based on the commission’s
35guidance to reflect current state begin insertstatutes, end insertpolicies, goals, and
36objectives, can appropriately provide information regarding the
37department’s investments in the interregional transportation
38improvement program so that this program is more closely aligned
P5    1withbegin insert thoseend insert statebegin delete goalsend deletebegin insert statutes, policies, goals,end insert andbegin delete policies.end delete
2begin insert objectives.end insert

3(h) Developing a process for the department to follow in
4development of the state’s interregional and highway maintenance
5and operations programs similar to the regional transportation
6planning process can create a framework for the department to
7begin to address the flaws identified in the SSTI assessmentbegin delete and
8allow the state to catch up with the changes in transportation policyend delete

9 such that the department can once again be aligned with the state’s
10policy goals.

11

SEC. 2.  

Section 14009 of the Government Code is repealed.

begin delete12

SEC. 3.  

Section 14523.5 is added to the Government Code, to
13read:

14

14523.5.  

(a) The commission, in consultation with the
15department, may develop and adopt specific goals for the
16department.

17(b) The commission, in consultation with the department, shall
18identify performance measures for the goals that the commission
19elects to adopt pursuant to subdivision (a) and shall include an
20evaluation of the department’s progress toward meeting these goals
21in its annual report to the Legislature pursuant to Section 14535.
22The department shall comply with requests from the commission
23for information necessary to perform the required evaluation.

end delete
24

begin deleteSEC. 4.end delete
25begin insert SEC. 3.end insert  

Section 14524.3 is added to the Government Code,
26to read:

27

14524.3.  

Commencing with the update to the California
28Transportation Plan that is required on or before December 31,
292020, the commission may, in cooperation with the department,
30prescribe study areas for analysis and evaluation by the department
31and may establish guidelines for the preparation of the updates to
32the California Transportation Plan prepared pursuant to Section
3365071.

34

begin deleteSEC. 5.end delete
35begin insert SEC. 4.end insert  

Section 14524.4 is added to the Government Code,
36to read:

37

14524.4.  

(a) On or beforebegin delete October 15end deletebegin insert June 30end insert, 2015, the
38department shall submit to the commission for approval an
39interregional transportation strategic plan directed at achieving a
40high functioning and balanced interregional transportation system.
P6    1The plan shall be action-oriented and pragmatic, considering both
2the short-term and long-term future, and shall present clear, concise
3policy guidance to the department for managing the state’s
4transportation system.

5(b) The interregional transportation strategic plan shall be
6consistent with the California Transportation Plan as updated
7pursuant to Section 65071.

8

begin deleteSEC. 6.end delete
9begin insert SEC. 5.end insert  

Section 14526 of the Government Code is amended
10to read:

11

14526.  

(a) Not later than October 15 of each odd-numbered
12year, based on the guidelines established pursuant to Section
1314530.1, and after consulting with the transportation planning
14agencies, county transportation commissions, and transportation
15authorities, the department shall submit to the commission the
16draft five-year interregional transportation improvement program
17consisting of all of the following:

18(1) Projects to improve state highways, pursuant to subdivision
19(b) of Section 164 of the Streets and Highways Code.

20(2) Projects to improve the intercity passenger rail system.

21(3) Projects to improve interregional movement of people,
22vehicles, and goods.

23(b) Projects included in the interregional transportation
24improvement program shall be consistent with the state
25interregional transportation strategic plan prepared pursuant to
26Section 14524.4.

27(c) Projects may not be included in the draft interregional
28transportation improvement program without a project study report
29or major investment study.

30(d) Major projects shall include current costs updated as of
31November 1 of the year of submittal and escalated to the
32appropriate year, and shall be consistent with, and provide the
33information required in, subdivision (b) of Section 14529.

34(e) Projects included in the draft interregional transportation
35improvement program shall be consistent with the adopted regional
36transportation plan.

37(f) On or before November 15 of each odd-numbered year, the
38commission shall hold at least one hearing in northern California
39and one hearing in southern California to attempt to reconcile any
P7    1objections by any member of the public or other stakeholder to
2the draft interregional transportation improvement program.

3(g) The department shall consider the input received at the
4hearings conducted pursuant to subdivision (f) and shall develop
5a final interregional transportation improvement program. The
6final interregional transportation improvement program shall
7include a summary of the major comments received at the hearings
8and responses to those comments, and shall be submitted to the
9commission for approval not later than December 15 of each
10odd-numbered year.

11(h) The commission shall, when approving the final interregional
12transportation improvement program pursuant to subdivision (g),
13evaluate the extent to which the program is consistent with funding
14priorities established in Section 167 of the Streets and Highways
15Code.

16

begin deleteSEC. 7.end delete
17begin insertSEC. 6.end insert  

Section 14526.4 is added to the Government Code, to
18read:

19

14526.4.  

(a) Thebegin delete commission, in cooperation with theend delete
20 department,begin delete shall establish guidelines for the department to follow
21in the development andend delete
begin insert in consultation with the commission, shall
22prepare a robust asset management plan to guideend insert
selection of
23projects for the state highway operation and protection program
24required by Section 14526.5.begin insert The asset management plan shall be
25consistent with any applicable state and federal requirements.end insert

26(b) Thebegin delete guidelines shall include, but not be limited to, all of the
27following:end delete
begin insert department may prepare the asset management plan
28in phases, with the first phase to be implemented with the 2016
29state highway operation and protection program, and the complete
30asset management plan to be prepared no later than the 2020 state
31highway operation and protection program.end insert

begin delete

32(1) Standards for project deliverability.

end delete
begin delete

33(2) Standards for identifying projects and project components.

end delete
begin delete

34(3) Standards for cost estimating.

end delete
begin delete

35(4) Programming methods for cost increases and schedule
36changes.

end delete
begin delete

37(5) Objective criteria for measuring system performance and
38cost-effectiveness of candidate projects.

end delete
begin delete

39(c) The guidelines shall, at a minimum, require that, for each
40project, the state highway operation and protection program shall
P8    1specify the allocation or expenditure amount and the allocation or
2expenditure year for each project component, as necessary.

end delete
begin delete

3(d) The guidelines shall be the complete and full statement of
4the policy, standards, and criteria that the commission intends to
5use in reviewing and adopting the state highway operation and
6protection program.

end delete
begin insert

7(c) In connection with the asset management plan, the
8commission shall do both of the following:

end insert
begin insert

9(1) Adopt targets and performance measures reflecting state
10transportation goals and objectives.

end insert
begin insert

11(2) Review and approve the asset management plan, including
12the final version of the first phase and the complete plan prepared
13by the department pursuant to subdivision (b).

end insert
begin insert

14(d) As used in this section, “asset management plan” means a
15document assessing the health and condition of the state highway
16system with which the department is able to determine the most
17effective way to apply the state’s limited resources.

end insert
18

begin deleteSEC. 8.end delete
19begin insertSEC. 7.end insert  

Section 14526.5 of the Government Code is amended
20to read:

21

14526.5.  

(a) Based on thebegin delete guidelines adoptedend deletebegin insert asset
22management plan prepared and approvedend insert
pursuant to Section
2314526.4, the department shall prepare a state highway operation
24and protection program for the expenditure of transportation funds
25for major capital improvements that are necessary to preserve and
26protect the state highway system. Projects included in the program
27shall be limited to capital improvements relative to maintenance,
28safety, and rehabilitation of state highways and bridges that do not
29add a new traffic lane to the system.

30(b) The program shall include projects that are expected to be
31advertised prior to July 1 of the year following submission of the
32program, but which have not yet been funded. The program shall
33include those projects for which construction is to begin within
34four fiscal years, starting July 1 of the year following the year the
35program is submitted.

begin insert

36(c) The department, at a minimum, shall specify, for each project
37in the state highway operation and protection program, the capital
38and support budget, as well as a projected delivery date, for each
39of the following project components:

end insert
begin insert

P9    1(1) Completion of project approval and environmental
2documents.

end insert
begin insert

3(2) Preparation of plans, specifications, and estimates.

end insert
begin insert

4(3) Acquisition of rights-of-way, including, but not limited to,
5support activities.

end insert
begin insert

6(4) Construction.

end insert
begin delete

7(c)

end delete

8begin insert(d)end insert The program shall be submitted to the commission not later
9than January 31 of each even-numbered year. Prior to submitting
10the plan, the department shall make a draft of its proposed program
11available to transportation planning agencies for review and
12comment and shall include the comments in its submittal to the
13commission.

begin delete

14(d)

end delete

15begin insert(e)end insert The commission may review the program relative to its
16overall adequacy, consistency with thebegin delete guidelines adoptedend deletebegin insert asset
17management plan prepared and approvedend insert
pursuant to Section
1814526.4 and funding priorities established in Section 167 of the
19Streets and Highway Code, the level of annual funding needed to
20implement the program, and the impact of those expenditures on
21the state transportation improvement program. The commission
22shall adopt the program and submit it to the Legislature and the
23Governor not later than April 1 of each even-numbered year. The
24commission may decline to adopt the program if the commission
25determines that the program is not sufficiently consistent with the
26begin delete guidelines established inend deletebegin insert asset management plan prepared and
27approved pursuant toend insert
Section 14526.4.

begin delete

28(e)

end delete

29begin insert(f)end insert Expenditures for these projects shall not be subject to
30Sections 188 and 188.8 of the Streets and Highways Code.

begin delete
31

SEC. 9.  

Section 14536 of the Government Code is amended
32to read:

33

14536.  

(a) The annual report shall include an explanation and
34summary of major policies and decisions adopted by the
35commission during the previously completed state and federal
36fiscal year, with an explanation of any changes in policy associated
37with the performance of its duties and responsibilities over the
38past year.

P10   1(b) The annual report may also include a discussion of any
2significant upcoming transportation issues anticipated to be of
3concern to the public and the Legislature.

4(c) As part of its role described in Section 14520, the
5commission’s annual report shall also include a discussion of the
6department’s project costs, including analyses of the department’s
7 expenditures on project support at the following points in time:

8(1) Original programming date.

9(2) Upon completion of the environmental review process and
10the approval of the project.

11(3) Upon completion of final design and when the construction
12contract is awarded.

13(4) Project closeout date.

end delete
14begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 14526.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
15read:end insert

begin insert
16

begin insert14526.6.end insert  

(a) The department shall report to the commission
17quarterly, for projects which complete construction in the previous
18quarter, on the information outlined in subdivision (b) for all major
19state highway operation and protection program projects, as
20defined by the commission pursuant to subdivision (f) of Section
21167 of the Streets and Highways Code.

22(b) The department shall report to the commission on the
23approved capital and support budgets compared to expenditures
24at contract construction acceptance for all projects included in
25subdivision (a).

26(c) The department shall develop, in consultation with the
27commission, a plain language performance report to increase
28transparency and accountability of the state highway operation
29and protection program.

end insert


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