SB 12, as introduced, Runner. California Transportation Commission.
(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law.
This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes.
(2) 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. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan.
This bill would instead require the commission to program the projects to be contained in the state highway operation and protection program, and to program capital outlay support resources for each project in the program. The bill would require the department to submit its recommendations for projects to the commission, along with detailed project information relative to cost, scope, and schedule. The bill would provide that the commission is not required to program a project recommended by the department, and would authorize the commission to program projects not recommended by the department, as specified. The bill would require the department to submit any change in a programmed project’s cost, scope, or schedule to the commission for its approval.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Over the next 10 years, the state faces a $59 billion shortfall
4to adequately maintain the state highway system in a basic state
5of good repair.
6(b) The 21st Annual Highway Report by the Reason Foundation,
7published in September 2014, found the following:
8(1) California has 50,462 lane miles of highways under the
9administration of the Department of Transportation (Caltrans).
10(2) Overall, California spent $501,136 per state mile of highway,
11more than three times the national average,
yet California’s state
12highway system ranks 45th in overall performance and cost
13effectiveness.
14(3) California spent $102,889 per state mile of highway
15specifically on maintenance, nearly four times the national average.
P3 1(4) California spent $48,754 per state mile of highway
2specifically on administration, more than four times the national
3average.
4(c) The Legislative Analyst’s Office recommended, in the
5Capital Outlay Support Program Review report issued in May
62014, that Caltrans should be held accountable for the delivery of
7State Highway Operation and Protection Program (SHOPP)
8projects by requiring the California Transportation Commission,
9acting in an independent oversight role, to review and approve
10individual SHOPP projects, allocate Capital Outlay Support
11Program funds for SHOPP, and report on Caltrans’
project delivery
12performance, and Caltrans should also be required to provide
13necessary project information for SHOPP projects to the California
14Transportation Commission.
Section 13975 of the Government Code is amended
16to read:
There is in the state government the Transportation
18Agency. The agency consists of the Department of the California
19Highway Patrol,begin delete the California Transportation Commission,end delete the
20Department of Motor Vehicles, the Department of Transportation,
21the High-Speed Rail Authority, and the Board of Pilot
22Commissioners for the Bays of San Francisco, San Pablo, and
23Suisun.
Section 14500 of the Government Code is amended
25to read:
There is inbegin delete the Transportation Agencyend deletebegin insert state governmentend insert
27 a California Transportation Commission.begin insert The commission shall
28act in an independent oversight role.end insert
Section 14526.5 of the Government Code is amended
30to read:
(a) Based on the asset management plan prepared
32and approved pursuant to Section 14526.4, thebegin delete departmentend delete
33begin insert commissionend insert shallbegin delete prepare aend deletebegin insert program projects in theend insert state highway
34operation and protection program for the expenditure of
35transportation funds for major capital improvements that are
36necessary to preserve and protect the state highway system. Projects
37included in the program shall be limited to capital improvements
38relative to maintenance, safety,
and rehabilitation of state highways
39and bridges that do not add a new traffic lane to the system.begin insert As
P4 1part of the programming process, the commission shall program
2capital outlay support resources for each project in the program.end insert
3(b) The program shall include projects that are expected to be
4advertised prior to July 1 of the year following submission of the
5program, but which have not yet been funded. The program shall
6include those projects for which construction is to begin within
7four fiscal years, starting July 1 of the year following the year the
8program is submitted.
9(c) Thebegin delete department,end deletebegin insert commission,end insert
at a minimum, shall specify,
10for each project in the state highway operation and protection
11program, the capital and support budget, as well as a projected
12delivery date, for each of the following project components:
13(1) Completion of project approval and environmental
14documents.
15(2) Preparation of plans, specifications, and estimates.
16(3) Acquisition of rights-of-way, including, but not limited to,
17support activities.
18(4) Construction.
19(d) Thebegin delete programend deletebegin insert departmentend insert shallbegin delete be submittedend deletebegin insert
submit its
20recommendationsend insert to the commission not later than January 31 of
21each even-numbered year. Prior to submittingbegin delete the plan,end deletebegin insert its
22recommendations,end insert the department shall make a draft of its proposed
23begin delete programend deletebegin insert recommendationsend insert available to transportation planning
24agencies for review and comment and shall include the comments
25in its submittal to the commission.begin insert The department shall provide
26the commission with detailed information for all recommended
27projects, including, but not limited to, cost, scope, and schedule.end insert
28(e) The commissionbegin delete mayend deletebegin insert
shallend insert review the programbegin insert it proposes
29to adoptend insert relative to its overall adequacy, consistency with the asset
30management plan prepared and approved pursuant to Section
3114526.4 and funding priorities established in Section 167 of the
32Streets and Highways Code, the level of annual funding needed
33to implement the program, and the impact of those expenditures
34on the state transportation improvement program.begin insert The commission
35is not required to program a project recommended by the
36department, and may program projects not recommended by the
37department.end insert The commission shall adopt the program and submit
38it to the Legislature and the Governor not later than April 1 of each
39even-numbered year.begin delete The commission may decline to adopt the
40program if the commission
determines that the program is not
P5 1sufficiently consistent with the asset management plan prepared
2and approved pursuant to Section 14526.4.end delete
3(f) Expenditures for these projects shall not be subject to
4Sections 188 and 188.8 of the Streets and Highways Code.
5(g) Following adoption of the state highway operation and
6protection program by the commission, any change in a
7programmed project’s cost, scope, or schedule shall be submitted
8by the department to the commission for its approval before the
9changes may be implemented.
Section 14534.1 of the Government Code is repealed.
Notwithstanding Section 12850.6 or subdivision (b)
12of Section 12800, as added to this code by the Governor’s
13Reorganization Plan No. 2 of 2012 during the 2011-12 Regular
14Session, the commission shall retain independent authority to
15perform those duties and functions prescribed to it under any
16provision of law.
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