BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE  
          DEVELOPMENT
                              Senator Jim Beall, Chair
                           2015 - 2016 First Extraordinary

          Bill No:          SBX1 12           Hearing Date:    8/19/2015 
           ----------------------------------------------------------------- 
          |Author:   |Runner                                                |
          |----------+------------------------------------------------------|
          |Version:  |7/16/2015                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Erin Riches                                           |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  California Transportation Commission


            DIGEST:  This bill makes the California Transportation  
          Commission (CTC) an independent agency and transfers  
          responsibility for the State Highway Operations and Protection  
          Program (SHOPP) from the state Department of Transportation  
          (Caltrans) to the CTC.

          ANALYSIS:
          
          Existing law, the Governor's Reorganization Plan No. 2 of 2012  
          (GRP 2), eliminated the Business, Transportation, and Housing  
          Agency (BTH) and established the California State Transportation  
          Agency (CalSTA).  GRP 2, which became operative in July 2013,  
          transferred Caltrans, the Department of Motor Vehicles, the  
          California Highway Patrol, the Office of Traffic Safety, and the  
          Board of Pilot Commissioners from BTH to CalSTA.  It also placed  
          the High-Speed Rail Authority and the CTC within CalSTA.

          Existing law directs Caltrans to develop the SHOPP, a program of  
          major capital projects necessary to preserve and protect the  
          state highway system.  Projects in the SHOPP are limited to  
          those that do not add new capacity to the system.

          Existing law (SB 486, DeSaulnier, Chapter 917, Statutes of 2014)  
          requires Caltrans, in consultation with the CTC, to develop an  
          asset management plan to guide development of the SHOPP and  
          requires the CTC to adopt related targets and performance  







          SBX1 12 (Runner)                                   Page 2 of ?
          
          
          measures that reflect state policy goals and objectives.  It  
          also vests the CTC with authority to review and approve the  
          final asset management plan.  Caltrans must provide specific  
          project information in the SHOPP, including the capital and  
          support budget for each project and the projected delivery date  
          by project component, and is required to provide quarterly  
          reports to the CTC on the support budget and expenditures of  
          major SHOPP projects.  

          Existing law requires the CTC to review the SHOPP relative to  
          its overall adequacy, consistency with the asset management  
          plan, funding priorities, level of annual funding needed to  
          implement the program, and the impact of those expenditures on  
          the State Transportation Improvement Program (STIP), which  
          focuses on regional and interregional transportation systems.   
          The CTC must adopt the SHOPP and submit it to the Legislature  
          and Governor by April 1 of each even-numbered year.  The CTC may  
          decline to adopt the SHOPP if it determines that the program is  
          not sufficiently consistent with the asset management plan.

          This bill:

          1)Moves the CTC out of CalSTA and makes it an independent  
            agency.

          2)Transfers responsibility for preparing the SHOPP, including  
            allocating funds to capital outlay support for each project,  
            from Caltrans to the CTC.  

          3)Requires Caltrans to submit its SHOPP recommendations to the  
            CTC by January 31 of each even-numbered year.  Requires  
            Caltrans to provide to the CTC detailed information for all  
            recommended projects including, but not limited to, cost,  
            scope, and schedule.  

          4)Maintains the existing law requirement for the CTC to review  
            the SHOPP.  

          5)Provides that the CTC is not required to program a project  
            recommended by Caltrans and authorizes the CTC to program  
            projects not recommended by Caltrans.  

          6)Requires Caltrans to submit any changes in the cost, scope, or  
            schedule of a project in the SHOPP to the CTC for approval  
            prior to implementing the changes.








          SBX1 12 (Runner)                                   Page 3 of ?
          
          

          COMMENTS:

          1)Purpose.  The author states that although Californians pay  
            some of the highest taxes and fees in the country to support  
            the construction, maintenance, and repair of roads,  
            California's roads rank among the worst in the nation.  A  
            recent report by the Reason Foundation concluded that overall,  
            California spends more than three times the national average  
            per mile, yet the state highway system ranks 45th in the  
            nation in overall performance and cost-effectiveness.   
            California spends nearly four times the national average on  
            maintenance and more than four times the national average on  
            administration.  Based on current spending practices,  
            California faces an estimated shortfall of $59 billion over  
            the next 10 years to adequately maintain and repair the  
            state's highway system.  Before increasing taxes and fees to  
            generate new revenues for the state's transportation  
            infrastructure, the author states that existing funds must be  
            spent appropriately and as efficiently as possible; this bill  
            will provide much-needed oversight and accountability of  
            Caltrans' billion-dollar SHOPP program and will help ensure  
            that Californians are getting the roads for which they are  
            paying.  

          2)Oversight for capital outlay support.  In its 2014-15 Budget:  
            Capital Outlay Support Program Review, the Legislative  
            Analyst's Office (LAO) highlighted a lack of external  
            oversight on projects in the SHOPP, which it attributed to the  
            CTC's lack of authority to allocate capital outlay support  
            (COS) funds for the SHOPP.  COS refers to the staff support  
            necessary to deliver a project, such as project design and  
            management, while capital outlay costs are incurred by  
            construction contractors for materials and labor to construct  
            a project.  Typical SHOPP projects include pavement and bridge  
            rehabilitation, major reconstruction, and safety improvements.  
             The LAO recommended that the Legislature require the CTC to  
            allocate funds for each phase of a SHOPP project, including  
            COS resources.  (Existing law authorizes the CTC to allocate  
            funds for capital outlay costs of the SHOPP, but not COS  
            costs.)  The author states that this bill will provide the CTC  
            with the independence and authority to approve individual  
            projects, including COS expenditures, and provide increased  
            oversight and accountability of the SHOPP.









          SBX1 12 (Runner)                                   Page 4 of ?
          
          
          3)SSTI recommendations.  CalSTA recently contracted with a  
            management consultant, the State Smart Transportation  
            Initiative (SSTI), to conduct an external assessment of  
            Caltrans and provide recommendations for improving Caltrans'  
            performance.  The SSTI review found that Caltrans has not kept  
            pace with changes in transportation policy and called for  
            reforms to modernize Caltrans' mission, strengthen its  
            performance, and help align Caltrans with the state's policy  
            goals.  In response to the SSTI report, CalSTA formed five  
            workgroups to help implement various reforms at Caltrans.  One  
            of these workgroups, which is focused on "smart investment and  
            resource alignment," is considering an SSTI recommendation to  
            allow the CTC to approve individual projects rather than  
            entire programs.  

          4)CTC independence.  Prior to the establishment of CalSTA, the  
            CTC was not under the purview of any agency.  The CTC and  
            others raised concerns that by incorporating the CTC into  
            CalSTA, GRP 2 might diminish the independence of the CTC.  Not  
            only is the CTC viewed as an independent voice in reviewing  
            and approving the STIP and SHOPP, but it also provides an  
            avenue for regional planning agencies and self-help counties  
            to appeal disagreements with Caltrans.  To help alleviate  
            these concerns, language was subsequently added to statute  
            stating that the CTC "shall retain independent authority to  
            perform these duties and functions prescribed to it under any  
            provision of law."  This bill would once again make the CTC a  
            stand-alone entity.

          5)Biting off more than it can chew?  Currently, Caltrans  
            develops the SHOPP and submits it to the CTC for approval and  
            allocation.  This bill would assign development of the SHOPP  
            to the CTC.  The CTC is a very small agency, comprised of 19  
            positions, not all of which are currently filled.  Although  
            development of the SHOPP would significantly increase the  
            CTC's workload, this bill does not propose to add any  
            positions to the CTC.  To address this concern, the author  
            will accept amendments to instead require Caltrans to develop  
            the SHOPP, as is current practice.  
          
          6)Recent reforms.  SB 486 (DeSaulnier, Chapter 917, Statutes of  
            2014) requires Caltrans, in consultation with the CTC, to  
            develop an asset management plan to guide development of the  
            SHOPP and requires the CTC to adopt related targets and  
            performance measures that reflect state policy goals and  








          SBX1 12 (Runner)                                   Page 5 of ?
          
          
            objectives.  SB 486 specifically provides that the CTC may  
            decline to adopt the SHOPP if the CTC determines that it is  
            not sufficiently consistent with the asset management plan.   
            Prior to SB 486, the CTC could only approve or reject the  
            SHOPP its entirety.  Because SB 486 authorizes the CTC to  
            "review and approve" the SHOPP, in theory the CTC could now  
            send the SHOPP back to Caltrans for revisions after review if  
            the CTC takes issue with any part of it.  The author states  
            that the CTC should be able to simply reject individual  
            projects in the SHOPP, rather than risk slowing down the  
            process by sending the SHOPP back to Caltrans for revisions.   
            To help achieve the author's intent, the amendments will  
            explicitly authorize the CTC to reject individual projects  
            within the plan.
          
          Related Legislation:
          
          SB 151 (DeSaulnier, 2014) - would have required the CTC to  
          allocate funds for capital outlay and COS costs for projects in  
          the SHOPP and would have required supplemental allocations for  
          projects that exceed approved allocations.  SB 151 was held on  
          the Assembly Appropriations Committee suspense file.

          SB 486 (DeSaulnier, Chapter 917, Statutes of 2014) - requires  
          Caltrans, in consultation with the CTC, to develop an asset  
          management plan to guide development of the SHOPP and requires  
          the CTC to adopt related targets and performance measures that  
          reflect state policy goals and objectives.  It also vests the  
          CTC with authority to review and approve the final asset  
          management plan.  SB 486 requires Caltrans to provide specific  
          project information in the SHOPP, including the capital and  
          support budget for each project and the projected delivery date  
          by project component, and imposes requirements on Caltrans to  
          report to the CTC on a quarterly basis on the support budget and  
          expenditures of major SHOPP projects.

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Thursday,
                          August 13, 2015.)
          
            SUPPORT:  








          SBX1 12 (Runner)                                   Page 6 of ?
          
          

          None received

          OPPOSITION:

          Sierra Club California


                                      -- END --