BILL ANALYSIS Ó SB 486 Page 1 Date of Hearing: August 12, 2013 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 486 (DeSaulnier) - As Amended: July 3, 2013 SENATE VOTE : Not applicable SUBJECT : California Department of Transportation Strategic Assessment and Accountability SUMMARY : Creates the Office of Strategic Assessment and Accountability within the Transportation Agency. Specifically, this bill : 1)Makes legislative findings and declarations regarding the California Department of Transportation's (Caltrans') responsibilities, the department's significant challenges in maintaining the state highway system, and the need for the department to provide transparency and accountability by reporting on its progress toward meeting its strategic goals. 2)Defines key terms. 3)Creates the Office of Strategic Assessment and Accountability within the Transportation Agency, to be directed by a Deputy Secretary for Strategic Assessment and Accountability. 4)Assigns the office with the responsibility to ensure ongoing performance measurement, transparency, and public accountability of Caltrans. 5)Requires the Transportation Secretary, in consultation with the Caltrans director, to develop and report on performance measures related to: a) Public safety enhancement; b) System preservation and rehabilitation; and, c) Cost-effective and efficient project delivery. 6)Requires the new office to issue performance reports quarterly that measure Caltrans' success in meeting performance SB 486 Page 2 measurement benchmarks; reports are to be presented to the California Transportation Commission, beginning July 1, 2014, and posted on the internet. EXISTING LAW : 1)Imposes various reporting requirements on Caltrans, including reports on the following: a) Local assistance workload and staffing levels; b) Caltrans's five-year maintenance plan; c) Fiscal estimates on resources needs for storm water activities; d) Implementation of worker-safety improvements; and, e) Costs of project development for all state transportation improvement program projects. 2)Under the State Government Strategic Planning and Performance Review Act, requires the Department of Finance (DOF) to develop a plan for conducting performance reviews of state agencies, boards, and commissions. FISCAL EFFECT : Unknown COMMENTS : SB 486 creates the Office of Strategic Assessment and Accountability to improve the transparency and public confidence of Caltrans through regular performance reporting. The program being created is modeled after a similar program in Washington State's Department of Transportation (WSDOT). WSDOT's Office of Strategic Assessment is responsible for agency-wide performance reporting via its quarterly publication, The Gray Notebook. That publication began in 2001 at a time when WSDOT was in the throes of a credibility and performance crisis with the public, media, and the legislature. WSDOT responded to this crisis by instituting a program of regular, timely performance measurement and reporting designed to effectively communicate performance results to the legislature and the public. WSDOT reports that, after approximately 3 years of its "no surprises" performance reporting in The Gray Notebook, polling data changed from nearly 75% of voters stating SB 486 Page 3 they did not trust WSDOT to spend tax dollars wisely to just 12%. As a result of WSDOT's restored credibility, Washington's legislature approved two separate transportation tax increases, which voters supported by a resounding defeat of an initiative to repeal the second tax increase. WSDOT's case suggests that effective performance management and reporting are important elements for increasing agency credibility. The Gray Notebook is now recognized nationally as setting a high standard for accessible, accurate updates on programs and projects. The author has introduced SB 486 in the hopes of recreating some of WSDOT's success in Caltrans. The author suggests that recent media investigations and state audit reports have created a picture of questionable practices and mismanagement within Caltrans. The author believes that instituting a program of regular, timely performance measurement and reporting, if done well, could increase public confidence in Caltrans as well as give the department the tools it needs to manage itself more effectively. Supporters recognize the similarities between SB 486 and WSDOT's program, stating "WSDOT had a similar policy in place for more than a decade and it is worth noting that the increased transparency and accountability that resulted from the implementation of this policy framework was a critical component of transforming their image with the public in a short of period of time. The public expects and deserves a return on the investment they have made in our transportation system. SB 486 will serve as an important tool for demonstrating that taxpayer dollars are being properly utilized." Performance management in California's state government has had an on-again-off-again existence. In 1994, AB 2711 (V. Brown), Chapter 779, enacted the State Government Strategic Planning and Performance Review Act, which required DOF to develop a plan for conducting performance reviews of state agencies, boards and commissions. DOF made initial efforts to implement the act but, as was reported in the California Performance Review (2004), the Administration under Governor Davis did not support strategic planning and the efforts to develop a centralized, statewide performance monitoring function dwindled. Nonetheless, departments still use performance measurements to SB 486 Page 4 varying degrees. In fact, Caltrans itself has an Office of Strategic Management that is responsible for implementing performance based management within the department. Among its other duties, the office collects data and prepares Caltrans' quarterly performance measures report. These reports, however, generally lack the narrative descriptions of what the data demonstrate compared to performance reports in The Gray Note Book, and it is questionable as to what extent Caltrans itself uses the performance reports to manage its operations. REGISTERED SUPPORT / OPPOSITION : Support California Nevada Cement Association The Automobile Club of Southern California Transportation California United Contractors Three individuals Opposition None on file Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093