Amended in Senate August 20, 2015

California Legislature—2015–16 First Extraordinary Session

Senate Bill No. 12

Introduced by Senator Runner

(Coauthors: Senators Anderson, begin insert Bates, end insert Fuller, Gaines, Huff, Moorlach, Stone, and Vidak)

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member Bigelow end delete begin insert Members Bigelow, Brough, Chang, Gallagher, and Lackey end insert )

July 16, 2015

An act to amend Sections 13975, 14500, and 14526.5 of, and to repeal Section 14534.1 of, the Government Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 12, as amended, 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 begin delete instead require the commission to program the projects to be contained in the state highway operation and protection program, and end delete begin insert additionally require the department end insert to program capital outlay support resources for each project in the program. begin delete 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. end delete The bill would provide that the commission is not required to begin delete program a project recommended end delete begin insert approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed end insert by the begin delete department, and would authorize the commission to program projects not recommended by the department, as specified. end delete begin insert department. end insert 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Over the next 10 years, the state faces a $59 billion shortfall
to adequately maintain the state highway system in a basic state
of good repair.

(b) The 21st Annual Highway Report by the Reason Foundation,
published in September 2014, found the following:

(1) California has 50,462 lane miles of highways under the
administration of the Department of Transportation (Caltrans).

(2) Overall, California spent $501,136 per state mile of highway,
more than three times the national average, yet California’s state
highway system ranks 45th in overall performance and cost
effectiveness.

(3) California spent $102,889 per state mile of highway
specifically on maintenance, nearly four times the national average.

(4) California spent $48,754 per state mile of highway
specifically on administration, more than four times the national
average.

(c) The Legislative Analyst’s Office recommended, in the
Capital Outlay Support Program Review report issued in May
2014, that Caltrans should be held accountable for the delivery of
State Highway Operation and Protection Program (SHOPP)
projects by requiring the California Transportation Commission,
acting in an independent oversight role, to review and approve
individual SHOPP projects, allocate Capital Outlay Support
Program funds for SHOPP, and report on Caltrans’ project delivery
performance, and Caltrans should also be required to provide
necessary project information for SHOPP projects to the California
Transportation Commission.

SEC. 2.  

Section 13975 of the Government Code is amended
to read:

13975.  

There is in the state government the Transportation
Agency. The agency consists of the Department of the California
Highway Patrol, the Department of Motor Vehicles, the Department
of Transportation, the High-Speed Rail Authority, and the Board
of Pilot Commissioners for the Bays of San Francisco, San Pablo,
and Suisun.

SEC. 3.  

Section 14500 of the Government Code is amended
to read:

14500.  

There is in state government a California Transportation
Commission. The commission shall act in an independent oversight
role.

SEC. 4.  

Section 14526.5 of the Government Code is amended
to read:

14526.5.  

(a) Based on the asset management plan prepared
and approved pursuant to Section 14526.4, the begin delete commission end delete
begin insert department end insert shall begin delete program projects in the end delete begin insert prepare, for review by
the commission, a end insert state highway operation and protection program
for the expenditure of transportation funds for major capital
begin delete improvements end delete begin insert improvement projects end insert that are necessary to preserve
and protect the state highway system. Projects included in the
program shall be limited to capital improvements relative to
maintenance, safety, and rehabilitation of state highways and
bridges that do not add a new traffic lane to the system. As part of
the programming process, the begin delete commission end delete begin insert department end insert shall
program capital outlay support resources for each project in the
program.

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

(c) The begin delete commission, end delete begin insert department, end insert at a minimum, shall specify,
for each project in the state highway operation and protection
program, the capital and support budget, as well as a projected
delivery date, for each of the following project components:

(1) Completion of project approval and environmental
documents.

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

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

(4) Construction.

(d) The department shall submit its begin delete recommendations end delete begin insert proposed
program end insert to the commission not later than January 31 of each
even-numbered year. Prior to submitting its begin delete recommendations, end delete
begin insert proposed program, end insert the department shall make a draft of its
proposed begin delete recommendations end delete begin insert program end insert available to transportation
planning agencies for review and comment and shall include the
comments in its submittal to the commission. The department shall
provide the commission with detailed information for all
begin delete recommended end delete begin insert programmed end insert projects, including, but not limited to,
cost, scope, and schedule.

(e) The commission shall review the begin insert proposed end insert program begin delete it
proposes to adopt end delete relative to its overall adequacy, consistency with
the asset management plan prepared and approved pursuant to
Section 14526.4 and funding priorities established in Section 167
of the Streets and Highways Code, the level of annual funding
needed to implement the program, and the impact of those
expenditures on the state transportation improvement program.
The commission is not required to begin insert approve the end insert program begin delete a project
recommended end delete begin insert in its entirety, as submitted end insert by the department, and
may begin delete program end delete begin insert approve or reject individual end insert projects begin delete not
recommended end delete begin insert programmed end insert by the department. The commission
shall adopt begin delete the end delete begin insert a end insert program begin insert of approved projects end insert and submit it to
the Legislature and the Governor not later than April 1 of each
even-numbered year.

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

(g) Following adoption of the state highway operation and
protection program by the commission, any change in a
programmed project’s cost, scope, or schedule shall be submitted
by the department to the commission for its approval before the
changes may be implemented.

SEC. 5.  

Section 14534.1 of the Government Code is repealed.