California Legislature—2015–16 First Extraordinary Session

Assembly BillNo. 15


Introduced by Assembly Member Patterson

August 31, 2015


An act to amend Item 2660-001-0042 of Section 2.00 of the Budget Act of 2015 (Chapter 10 of the Statutes of 2015), relating to transportation, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 15, as introduced, Patterson. State Highway Operation and Protection Program: local streets and roads: appropriation.

Existing law appropriates the sum of $663,287,000 for the 2015-16 fiscal year from the State Highway Account to the Department of Transportation for Capital Outlay Support.

Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. Existing law provides for apportionment of specified portions of revenues in the Highway Users Tax Account derived from gasoline and diesel excise taxes to cities and counties by formula, with the remaining revenues to be deposited in the State Highway Account for expenditure on various state transportation programs, including maintenance of state highways and transportation capital improvement projects.

This bill would reduce the $663,287,000 appropriation for Capital Outlay Support by $500 million, and would appropriate $500 million from the State Highway Account for the 2015-16 fiscal year, with 50% to be made available to the Department of Transportation for maintenance of the state highway system or for purposes of the State Highway Operation and Protection Program, and 50% to be made available to the Controller for apportionment to cities and counties by formula for street and road purposes.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Item 2660-001-0042 of Section 2.00 of the Budget
2Act of 2015
is amended to read:

 

2660-001-0042--For support of Department of Transportation, payable from the State Highway Account, State Transportation Fund   

begin delete2,288,213,000end deletebegin insert 1,788,213,000end insert
 

Schedule:

 
 (1)

1835010-Capital Outlay Support   

begin delete663,287,000end deletebegin insert 163,287,000end insert 
 (2)

1835020-Local Assistance   

52,241,000 
 (3)

1835029-Program Development   

40,057,000 
 (4)

1835038-Legal   

127,230,000 
 (5)

1835047-Operations   

271,118,000 
 (6)

1835056-Maintenance   

1,372,191,000 
 (7)

1840019-State and Federal Mass Transit   

163,000 
 (8)

1840028-Intercity Rail Passenger Program   

285,000 
 (9)

1845013-Statewide Planning   

90,719,000 
 (10)

9900100-Administration   

494,913,000 
 (11)

9900200-Administration--​Distributed   

−494,913,000 
 (12)

1850010-Equipment Service Program   

188,729,000 
 (13)

1850019-Equipment Service Program--​Distributed   

−188,729,000 
 (14)

Reimbursements to 1835010-Capital Outlay Support   

−265,471,000 
 (15)

Reimbursements to 1835020-Local Assistance   

−1,214,000 
 (16)

Reimbursements to 1835029-Program Development   

−860,000 
 (17)

Reimbursements to 1835038-Legal   

−5,491,000 
 (18)

Reimbursements to 1835047-Operations   

−31,873,000 
 (19)

Reimbursements to 1835056-Maintenance   

−15,423,000 
 (20)

Reimbursements to 1845013-Statewide Planning   

−8,746,000 
 (21)

Reimbursements to 9900100-Administration   

−12,381,000 
 (22)

Reimbursements to 9900200-Administration--​Distributed   

12,381,000 
 

Provisions:

 
 1.

Notwithstanding any other provision of law, funds appropriated in this item from the State Highway Account may be reduced and replaced by an equivalent amount of federal funds determined by the Department of Transportation to be available and necessary to comply with Section 8.50 and the most effective management of state transportation resources. Not more than 30 days after replacing the state funds with federal funds, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action.

 
 2.

Notwithstanding any other provision of law, funding appropriated in this item may be transferred to Item 2660-005-0042 to pay for any necessary insurance, debt service, and other financing-related expenditures for Department of Transportation-occupied office buildings. Any transfer will require the prior approval of the Department of Finance.

 
 3.

Notwithstanding any other provision of law, funds appropriated in this item may be supplemented with federal funding appropriation authority and with prior fiscal year State Highway Account appropriation balances at a level determined by the Department of Transportation as required to process claims utilizing federal advance construction through the plan of financial adjustment process pursuant to Sections 11251 and 16365 of the Government Code.

 
 4.

Notwithstanding any other provision of law, funds appropriated in Item 2660-001-0042, 50.00-Administration from the State Highway Account, may be reduced and replaced by an equivalent amount of reimbursements determined by the Department of Transportation to be available and necessary to comply with Section 28.50 and the most effective management of state transportation resources. The reimbursements may also be reduced and replaced by an equivalent amount of funds from the State Highway Account. Not more than 30 days after replacing the State Highway Account funds with reimbursements and vice versa, the Director of Finance shall notify in writing the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee of this action.

 
 5.

Of the funds appropriated in Program 1835056-Maintenance, $231,660,000 is for major maintenance contracts for the preservation of highway pavement, and shall not be used to supplant any other funding that would have been used for major pavement maintenance.

 
 6.

Of the funds appropriated in Program 1835038-Legal, $68,556,000 is for the payment of tort lawsuit claims and awards. Any funds for that purpose that are unencumbered as of April 1, 2016, may be transferred to Item 2660-302-0042. Any transfer shall require the prior approval of the Department of Finance.

 
 7.

Of the funds appropriated in Program 1835010-Capital Outlay Support, transfers of expenditure authority may be made between Items 2660-001-0042, 2660-001-0890, 2660-002-3007, 2660-004-6055, 2660-004-6056, 2660-004-6058, 2660-004-6059, 2660-004-6060, 2660-004-6062, 2660-004-6063, 2660-004-6064, and 2660-004-6072 to accommodate changes in capital outlay and local assistance program-related workload by funding source or changes in availability of funds. The Department of Finance shall authorize the transfers not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee.

 
 8.

The Department of Finance may augment the amount appropriated in Program 1835047-Operations, by up to $2,000,000 for the federal Americans with Disabilities Act of 1990 consultant contracts if the number of access requests and grievances exceeds the Department of Transportation’s projections. The Department of Finance shall authorize the augmentation not sooner than 30 days after notification of the necessity therefor in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee.

 
 9.

Of the funds appropriated in Program 1845013-Statewide Planning, the Department of Transportation shall exempt project initiation document development and oversight services reimbursed from local government agencies from full cost recovery as outlined in its Indirect Cost Recovery Plan.

 
 10.

The Department of Transportation shall streamline the cooperative work agreement process related to project initiation document development and oversight to reduce costs to local agencies.

 
 11.

The Department of Finance may augment the amount appropriated in Schedule (14) by up to $900,000 for additional reimbursements from the High-Speed Rail Authority for the review and approval of environmental and engineering documents regarding circumstances in which the high-speed train system interfaces with the state highway system, as well as specific highway realignment projects related to the high-speed train system.

 
 12.

The Department of Transportation shall exempt the High-Speed Rail Authority from full cost recovery as outlined in its Indirect Cost Recovery Plan. The Department of Transportation will charge the High-Speed Rail Authority for functional overhead.

 
 13.

The Department of Transportation shall provide data related to its 2016-17 fiscal year Capital Outlay Support budget request on January 10, 2016.

 
 14.

Of the funds appropriated in Program 1835010-Capital Outlay Support, $272,000,000 is for overhead and corporate resources in support of the Capital Outlay Support Program. This amount may be adjusted pursuant to the provisions of Section 3.60 or provisions of Items 9800-001-0001, 9800-001-0494, or 9800-001-0988 with the concurrence of the Department of Finance. The Department of Transportation shall provide quarterly reports, to the Department of Finance, of actual expenditures for overhead and corporate resources beginning October 1, 2014. In addition, the Department of Transportation, in conjunction with the Department of Finance, shall review the overhead and corporate components of the Capital Outlay Support Program. Results associated with this review shall be included in the 2016-17 fiscal year annual May Revision Finance Letter.

 
 15.

Notwithstanding any other provision of law, of the amounts appropriated in Schedules (10) and (11), $8,781,000 shall be available for encumbrance through June 30, 2017, for the purposes of the Road Usage Charge Pilot Program, pursuant to Chapter 835, Statutes of 2014.

 
 16.

For Program 1835010-Capital Outlay Support, appropriations from all funding sources up to 973 out of a total of 9,703 full time equivalent staff resources may be used at an average annual labor rate of $233,400, totaling $227,041,000, for project direct external consultant and professional services related to project delivery.

 
 begin insert17.end insertbegin insert

The Department of Transportation, in conjunction with the Department of Finance, shall adjust the amounts in Provisions 14 and 16 to account for the $500,000,000 reduction in appropriation for Program 1835010-Capital Outlay Support.

end insert
 

 

4

SEC. 2.  

The sum of five hundred million dollars ($500,000,000)
5is appropriated from the State Highway Account for the 2015-16
6fiscal year as follows:

7(a) Fifty percent to the Department of Transportation for
8maintenance of the state highway system or for purposes of the
9State Highway Operation and Protection Program.

10(b) Fifty percent to the Controller, for apportionment to cities
11and counties pursuant to the formula in subparagraph (C) of
12paragraph (3) of subdivision (a) of Section 2103 of the Streets and
13Highways Code for street and road purposes.



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