Senate Bill No. 1320

Introduced by Senator Runner

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

(Coauthors: Assembly Members Bigelow, Brough, Chang, Gallagher, and Lackey)

February 19, 2016

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 1320, 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 additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. 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 begin delete California Transportation Commission, the end delete
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 begin delete the Transportation Agency end delete begin insert state government end insert
a California Transportation Commission. begin insert The commission shall
act in an independent oversight role. end insert

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 department shall
begin delete prepare end delete begin insert prepare, for review by the commission, end insert a state highway
operation and protection program for the expenditure of
transportation funds for major capital improvements 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. begin insert As
part of the programming process, the department shall program
capital outlay support resources for each project in the program. end insert

(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 department, 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) Start of construction.

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

(e) The commission begin delete may end delete begin insert shall end insert review the begin insert proposed end insert program
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
shall adopt the program and submit it to the Legislature and the
Governor not later than April 1 of each even-numbered year. The
commission begin delete may decline to adopt the program if the commission
determines that the program is not sufficiently consistent with the
asset management plan prepared and approved pursuant to Section
14526.4. end delete begin insert end insert begin insert is not required to approve the program in its entirety, as
submitted by the department, and may approve or reject individual
projects programmed by the department. The commission shall
adopt a program of approved projects and submit it to the
Legislature and the Governor not later than April 1 of each
even-numbered year. end insert

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

begin insert

(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.

end insert

SEC. 5.  

Section 14534.1 of the Government Code is repealed.

begin delete

14534.1.  

Notwithstanding Section 12850.6 or subdivision (b)
of Section 12800, as added to this code by the Governor’s
Reorganization Plan No. 2 of 2012 during the 2011-12 Regular
Session, the commission shall retain independent authority to
perform those duties and functions prescribed to it under any
provision of law.

end delete