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 --