BILL NUMBER: SB 45 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 24, 1997
INTRODUCED BY Senator Kopp
DECEMBER 2, 1996
An act to amend Sections 14523, 14524, 14525, 14526, 14527,
14529.6, 14530.1, 14531, 14536, 65081.1, 65082, 65083, 65086, and
65086.5 of, to add Sections 14529.1 and 14529.8 to, to repeal and add
Sections 14529 and 65080 of, and to repeal Sections 14520.3,
14524.5, 14529.01, 14529.2, 14530.5, 14555, 65071, 65081, and 65086.4
of, the Government Code, to amend Sections 99310, 99312, and 99315
of, and to repeal Sections 99315.5, 99315.6, 99318, and 99318.2 of,
the Public Utilities Code, and to amend Sections 164.1, 164.3, 167,
188, and 188.8 of, to add Sections 164.5 and 164.6 to, to repeal and
add Sections 164, 182.5, and 190 of, to repeal Sections 163, 164.2,
164.4, 164.35, 164.50, 164.51, 164.52, 164.55, 164.57, 168, 182.4,
182.8, 188.9, 199, 199.1, 199.2, 199.3, 199.4, 199.6, 199.7, 199.8,
199.9, 199.10, and 199.11 of, and to repeal Chapter 16 (commencing
with Section 2600) of Division 3 of, the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 45, as amended, Kopp. Transportation funding.
Existing law prescribes a process for estimating the amount of
state and federal funds to be available for transportation projects
in the state, and for appropriating and allocating the available
funds to those projects.
This bill would substantially revise that process, by changing the
7-year state transportation improvement program to a 4-year program,
changing the components of the regional and state transportation
improvement programs, changing the name of the Transportation
Planning and Development Account to the Public Transportation
Account, and making changes in the way funds are allocated from that
account. The bill would declare the Legislature's intent regarding
budget estimates by the Department of Transportation and the
California Transportation Commission based on specified factors. The
bill would eliminate various transportation-related programs,
including traffic systems management, flexible congestion relief,
commuter and urban rail transit, and the state-local transportation
partnership program. The bill would make related changes.
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. Section 14520.3 of the Government Code is repealed.
SEC. 2. Section 14523 of the Government Code is amended to read:
14523. The commission may prepare an independent evaluation of
the department's budget regarding the adequacy of funding levels and
the relative needs of program categories as defined in Section 167 of
the Streets and Highways Code and submit its recommendations to the
Legislature not later than April 1 of each year. The report shall
reflect the commission's judgment regarding the overall funding
levels for each program category and shall not duplicate the
item-by-item analysis conducted by the Legislative Analyst.
SEC. 3. Section 14524 of the Government Code is amended to read:
14524. (a) Not later than January 5, 1998, and July 15
of each odd-numbered year thereafter , the department
shall submit to the commission a four-year estimate pursuant to
Section 164 of the Streets and Highways Code, in annual increments,
of all federal and state funds reasonably expected to be available
during the following four fiscal years. The estimate shall include
all federal and state funds subject to allocation by the commission,
including, but not limited to, State Highway Account funds, Public
Transportation Account funds, Aeronautic Account funds, toll
revenues, and the and the proceeds of
voter-approved bonds, and shall identify the amount available to each
county for programming in the state transportation improvement
program.
(b) The estimate shall specify the amount that may be programmed
in each county for regional choice improvement programs pursuant to
paragraph (3) of subdivision (e) of Section 164 of the Streets and
Highways Code and shall identify any statutory restriction on the use
of particular funds.
(c) For the purpose of estimating revenues, the department shall
assume that there will be no changes in existing state and federal
statutes.
(d) The method by which the estimate is determined shall be
determined by the commission, in consultation with the department,
transportation planning agencies, and county transportation
commissions.
SEC. 4. Section 14524.5 of the Government Code is repealed.
SEC. 5. Section 14525 of the Government Code is amended to read:
14525. (a) Not later than January 5, 1998, and August
15 of each odd-numbered year thereafter , the commission
shall adopt a four-year estimate pursuant to Section 164 of the
Streets and Highways Code, in annual increments, of all state and
federal funds reasonably expected to be available during the
following four fiscal years. The estimate shall include all federal
and state funds, including, but not limited to, State Highway Account
funds, Public Transportation Account funds, Aeronautic
Account funds, toll revenues, and proceeds of and
proceeds of voter-approved bonds, and shall identify the amount
available to each county for programming in the state transportation
improvement program for the regional choice program.
(b) For the purpose of estimating revenues, the commission shall
assume that there will be no change in existing state and federal
statutes.
(c) If the commission finds that legislation pending before the
Legislature or the United States Congress may have a significant
impact on the fund estimate, the commission may postpone the adoption
of the fund estimate for no more than 90 days. Prior to March 1 of
each even-numbered year, the commission may amend the estimate
following consultation with the department, transportation planning
agencies, and county transportation commissions to account for
unexpected revenues or other unforeseen circumstances. In the event
the fund estimate is amended, the commission shall extend the dates
for the submittal of improvement programs as specified in Sections
14526 and 14527 and for the adoption of the state transportation
improvement program pursuant to Section 14529.
SEC. 6. Section 14526 of the Government Code is amended to read:
14526. Not later than March 1, 1998, and December 15
of each odd-numbered year thereafter , and after
consulting with the transportation planning agencies, county
transportation commissions, and transportation authorities, the
department shall submit to the commission its statewide mobility
improvement program consisting of all of the following:
(a) Projects to be funded with interregional improvement funds on
the interregional road system pursuant to Section 164.3 of the
Streets and Highways Code.
(b) Projects to be funded with interregional improvement funds on
the intercity passenger rail system.
(c) Projects to be funded with state discretionary funds pursuant
to Section 164.5 of the Streets and Highways Code.
(d) Projects to be funded from the Toll Bridge Account in the
State Transportation Fund.
(e) Projects to be funded from the Aeronautics Account in the
State Transportation Fund.
(f)
(d) Projects may not be included in the statewide mobility
improvement program without a project study report or major
investment study.
(g)
(e) Projects proposed for inclusion in the state
transportation improvement program shall include an escalated current
cost updated to not earlier than November 1 of the year of submittal
and shall be consistent with, and provide the information required
in, subdivisions (b) and (k) subdivision (b)
of Section 14529.
SEC. 7. Section 14527 of the Government Code is amended to read:
14527. (a) After consulting with the department, the
transportation planning agencies and county transportation
commissions shall adopt and submit to the commission and the
department, not later than December 15 of each odd-numbered year, a
four-year regional transportation improvement
choice program in conformance with Section 65082. Other
information, including a program for expenditure of local or federal
funds, may be submitted for information purposes with the program,
but only at the discretion of the transportation planning agencies or
the county transportation commissions. Except for the information
submitted at the discretion of the transportation planning agencies
and county transportation commissions, the regional choice program
submitted by the transportation planning agencies and county
transportation commissions shall not exceed the estimate of funds for
those projects made by the commission pursuant to Section 14525.
(b) The regional transportation improvement
choice programs shall be limited to projects to be funded
in whole or in part with regional choice funds which shall include
all projects to receive allocations by the commission during the
following four fiscal years. It may include projects for improving
the state highways, local roads, local or regional transit,
pedestrian and bicycle facilities, grade separation, transportation
system management, transportation demand management, installation of
retrofit soundwalls, intermodal compatibility improvements, safety
improvements, or any other projects that improve the region's
transportation system. For each project, the total expenditure for
each project component and the total amount of commission allocation
and the year of allocation shall be stated.
(c) The regional transportation improvement
choice program for counties with a population of 500,000
or less may include recommendations for improvements to the
interregional highways that are located within or immediately
adjacent to the region, provided that the project is outside
urbanized areas with a population of not less than 50,000.
(d) The regional choice program may include recommendations
for projects to be funded with state discretionary funds. A project
recommended for funding with state discretionary funds shall comply
with all of the following:
(1) The project shall be separate and distinct from the regional
choice program.
(2) The primary reason for the project shall be to address demands
for interstate, interregional, or international movement of goods
and people with the majority of origins or destinations, or both,
outside the county where it is located.
(3) The percent of state funding for the project does not exceed
the percent of travel demand from outside the county where it is
located.
(e) Major projects shall include an escalated current cost
updated to not earlier than November 1 of the year of submittal, and
shall be consistent with, and provide the information required in,
subdivisions (b) and (k) of Section 14529. Except for
projects that alter or expand the state highway system, the agencies
preparing the program shall identify the lead agency and the agency
responsible for major project development activities, including
environmental studies, preliminary engineering, completion of plans,
specifications and estimates, right-of-way acquisition, and
construction for each project.
(e) The regional transportation improvement
subdivision (b) of Section 14529.
(f) The regional choice program may not change the project
delivery milestone date of any project as shown in the prior adopted
state transportation improvement program without the consent of the
department or other agency responsible for the project's delivery.
(f)
(g) Projects may not be included in the regional
transportation improvement program without a complete project study
report or major investment study.
(g)
(h) The transportation planning agencies and county
transportation commissions may request and receive an amount not to
exceed one-half of 1 percent of their regional choice program
expenditures for the purposes of project planning, programming, and
monitoring. A transportation planning agency or county
transportation commission not receiving federal metropolitan planning
funds may request and receive an amount not to exceed 2 percent of
its regional choice program expenditures for the purposes of project
planning, programming, and monitoring.
SEC. 8. Section 14529 of the Government Code is repealed.
SEC. 9. Section 14529 is added to the Government Code, to read:
14529. (a) The state transportation improvement program shall
include a listing of all capital improvement projects that are
expected to receive an allocation of state transportation funds,
including revenues from transportation bond acts, from the commission
during the following four fiscal years. It shall include, and be
limited to, the projects to be funded with the following:
(1) Interregional improvement funds.
(2) Regional choice funds.
(3) State discretionary funds.
(4) Toll revenues.
(5) Aeronautics funds.
(b) For each project, the program shall specify the allocation
amount and the allocation year for each of the following project
components:
(1) Completion of all permits and environmental studies.
(2) Preparation of plans, specifications, and estimates.
(3) The acquisition of rights-of-way.
(4) Construction, including surveys and inspection.
(c) Funding for right-of-way acquisition and construction for a
project may be included in the program only if the commission makes a
finding that the responsible agency will complete the environmental
process and can proceed with right-of-way acquisition or construction
within the four-year period. No allocation for right-of-way
acquisition or construction shall be made until the completion of the
environmental studies and the selection of preferred alternatives.
(d) The commission shall adopt and submit to the Legislature and
the Governor, not later than June 1, 1998, and April 1 of
each even-numbered year thereafter , a state
transportation improvement program. The program shall cover a period
of four years, beginning July 1 of the year it is adopted, and shall
be a statement of intent by the commission for the allocation of
funds during those four years. The program shall include projects
which are expected to receive funds prior to July 1 of the year of
adoption, but for which the commission has not yet allocated funds.
(e) The projects included in the adopted state transportation
improvement program shall be limited to those projects submitted or
recommended pursuant to Sections 14526 and 14527. The total amount
programmed in each fiscal year for each program category shall not
exceed the amount specified in the fund estimate adopted under
Section 14525.
(f) (1) Any project previously included in a program where the
state and federal share of the latest escalated current cost exceeds
120 percent of the state and federal share of the project's base cost
shall not be included in the next adopted program unless the
commission determines that the project is the most cost-effective of
all the projects in the county that are not included in the program.
The project's base cost and scope shall be the cost and scope at
which the project was originally placed in the program or the cost
and scope established by the commission upon its determination that
this project is the most cost-effective for projects that have been
reviewed under this section, whichever is higher.
(2) If, as a result of cost increases, funding restrictions
require the delay of projects, the commission shall give
consideration to delaying projects with the greatest cost increases.
(g) The state transportation improvement program is a resource
management document to assist the state and local entities to plan
and implement transportation improvements and to utilize available
resources in a cost-effective manner. It is a document for each
county and each region to declare their intent to use available state
and federal funds in a timely and cost-effective manner.
(h) The commission may allocate funds for a regional choice
project component in excess of the amount specified in the program
only upon a reduction or elimination of other projects in the county,
with the concurrence of the affected regional transportation
planning agency, county transportation commission, or transportation
authority, in such a way that the total amount programmed in that
county during the four years does not exceed the total amount in the
adopted state transportation improvement program for that county.
(i) The interregional road improvements shall be limited to
projects that improve a segment of the interregional road system, as
described in Section 164.3 of the Streets and Highways Code, and that
are outside the boundaries of an urbanized area of over 50,000
population.
(j) Prior to the adoption of the state transportation improvement
program, the commission shall hold not less than one hearing in
northern California and one hearing in southern California to
reconcile any objections by any county or regional agency to the
department's program or the department's objections to any regional
program.
(k) Except for projects that alter or improve the state highway
system, a regional choice improvement project shall have a
responsible agency that is a local or regional public entity that has
the authority to plan and implement the project.
(l)
(k) The commission shall incorporate projects that are
included in the regional transportation improvement
choice program and are to be funded with regional
choice funds.
(m)
(l) Not less than 15 percent of the interregional
improvement funds programmed for interregional improvements during
each four-year period shall be programmed for intercity rail
projects.
(n)
(m) Notwithstanding any other provision of law, no local or
regional matching funds shall be required for projects that are
included in the state transportation improvement program.
SEC. 10. Section 14529.01 of the Government Code is repealed.
SEC. 11. Section 14529.1 is added to the Government Code, to read:
14529.1. The commission shall establish guidelines for the
allocation of funds to an entity for a project to verify that the
entity has the resources and capabilities to implement the project in
a timely manner and may establish a process for monitoring the
progress being made and proper use of funds. The guidelines and
process shall be kept to the minimum needed to protect state funds
and provide for a timely use of those funds. The commission shall
request that the entity receiving funds accept an audit of funds
allocated to it by the commission if an audit is deemed necessary.
SEC. 12. Section 14529.2 of the Government Code is repealed.
SEC. 13. Section 14529.6 of the Government Code is amended to
read:
14529.6. Funds in the State Highway Account in the State
Transportation Fund shall be programmed, budgeted, and expended to
maximize the use of federal funds and shall be based on the following
sequence of priorities:
(a) Operation, maintenance, and rehabilitation of the state
highway system.
(b) Safety improvements where physical changes, other than adding
additional lanes, would reduce fatalities and the number and severity
of injuries.
(c) Transportation capital improvements that expand capacity or
reduce congestion or do both.
(d) Environmental enhancement and mitigation program.
SEC. 14. Section 14529.8 is added to the Government Code, to read:
14529.8. (a) Funds may be allocated by the commission for each
project element during the fiscal year that is identified in the
state transportation improvement program and the funds shall be
available for expenditure during that fiscal year and the following
two fiscal years. Any funds not allocated or, if allocated but not
expended, during the period specified in this section, shall remain
in the account, or be returned to the account, as the case may be,
and be available for programming in the following state
transportation improvement program.
(b) Upon a finding that an unforeseen and extraordinary
circumstance beyond the control of the responsible agency has
occurred that justifies an extension, the commission may extend the
deadlines specified in subdivision (a). The deadline extensions
shall not exceed the period of delay directly attributed to the
extraordinary circumstance and in no event be more than 20 months.
The commission shall not grant more than one extension.
SEC. 15. Section 14530.1 of the Government Code is amended to
read:
14530.1. (a) The department, in cooperation with the commission,
transportation planning agencies, and county transportation
commissions and local governments, shall develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects from the regional transportation
improvement programs into the state transportation improvement
program.
(b) The guidelines shall include, but not be limited to, all of
the following:
(1) Standards for project deliverability.
(2) Standards for identifying projects.
(3) Standards for cost estimating.
(4) Programming methods for increases and schedule changes.
(c) The guidelines shall be submitted to the commission by July 1,
1998. After conducting at least one hearing in northern California
and one in southern California, the commission shall adopt the
guidelines by September 1, 1998.
(d) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in selecting projects to be included in the state transportation
improvement program.
(e) The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make a
reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
SEC. 16. Section 14530.5 of the Government Code is repealed.
SEC. 17. Section 14531 of the Government Code is amended to read:
14531. (a) The commission may amend the state transportation
improvement program if the amendment meets both of the following
conditions:
(1) The request for the amendment is made by the entity that
submitted the project or projects that are in the program and are to
be changed by the amendment.
(2) The total amount programmed in each county does not exceed the
county's entitlement prior to the amendment.
(b) Public notice of the proposed amendments to the program or the
plan shall be made at least 30 days before the commission takes
formal action on the proposed amendments. The notice shall include
the text and complete description of the proposed amendments.
SEC. 18. Section 14536 of the Government Code is amended to read:
14536. (a) The annual report shall consist of the following:
(1) An explanation and summary of major policies and decisions
adopted by the commission during the previously completed state and
federal fiscal year, with an explanation of any changes in policy
associated with the performance of its duties and responsibilities
over the past year.
(2) A final and comprehensive list of all major project
allocations in the past year, including state transportation
improvement program projects.
(b) The annual report may also include a discussion of any
significant upcoming transportation issues anticipated to be of
concern to the public and the Legislature.
SEC. 19. Section 14555 of the Government Code is repealed.
SEC. 20. Section 65071 of the Government Code is repealed.
SEC. 21. Section 65080 of the Government Code is repealed.
SEC. 22. Section 65080 is added to the Government Code, to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term
and long-term future, and shall present clear, concise policy
guidance to local and state officials. The regional transportation
plan shall consider factors specified in Section 134 of Title 23 of
the United States Code. Each transportation planning agency shall
consider and incorporate, as appropriate, the transportation plans of
cities, counties, districts, private organizations, and state and
federal agencies.
(b) The regional transportation plan shall include all of the
following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element.
(2) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all projects
proposed for development during the 20-year life of the plan.
Projects listed in the action element for consideration as a
New Start Authority by the commission shall identify design concept
and scope, proposed funding amounts and sources, and the agency
responsible for completing major project activities including major
investment studies or project study reports, project engineering,
environmental documentation, construction, and operations. Remaining
projects in the action element shall describe the proposed design
concept and scope, funding amount, and responsible agency for
completing major project activities.
The action element shall consider congestion management
programming activities carried out within the region.
(3) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. The first four years of the financial
element shall be based on the four-year estimate of funds developed
pursuant to Section 14524.
(c) Each transportation planning agency shall adopt and submit,
biennially, not later than December 1 of each odd-numbered year, an
updated regional transportation plan to the California Transportation
Commission and the Department of Transportation. A transportation
planning agency that does not contain an urbanized area may at its
option adopt and submit a regional transportation plan once every
four years beginning with December 1, 1997. Prior to adoption of the
regional transportation plan, a public hearing shall be held, after
the giving of notice of the hearing by publication in the affected
county or counties pursuant to Section 6061.
SEC. 23. Section 65081 of the Government Code is repealed.
SEC. 24. Section 65081.1 of the Government Code is amended to
read:
65081.1. (a) After consultation with other regional and local
transportation agencies, each transportation planning agency whose
planning area includes a primary air carrier airport shall, in
conjunction with its preparation of an updated regional
transportation plan, include an airport ground access improvement
program.
(b) The program shall address the development and extension of
mass transit systems, including passenger rail service, major
arterial and highway widening and extension projects, and any other
ground access improvement projects the planning agency deems
appropriate.
(c) Highest consideration shall be given to mass transit for
airport access improvement projects in the program.
(d) If federal funds are not available to a transportation
planning agency for the costs of preparing or updating an airport
ground access improvement program, the agency may charge the
operators of primary air carrier airports within its planning area
for the direct costs of preparing and updating the program. An
airport operator against whom charges are imposed pursuant to this
subdivision shall pay the amount of those charges to the
transportation planning
agency.
SEC. 25. Section 65082 of the Government Code is amended to read:
65082. (a) A four-year regional choice program shall be prepared,
adopted, and submitted to the California Transportation Commission
on or before January 5, 1998, and December 15 of each
odd-numbered year thereafter , updated every two years,
pursuant to Sections 65080 and 65080.5 and the guidelines adopted
pursuant to Section 14530.1, to include regional choice improvement
projects and programs proposed to be funded, in whole or in part, in
the state transportation improvement program. Except for
projects that alter or improve the state highway system, the program
shall identify the entity that will be responsible for each project
or project components pursuant to subdivision (b) of Section 14529.
Major projects shall include an escalated current cost updated to
at least November 1 of the year of submittal, and be listed by
relative priority, taking into account need, delivery milestone
dates, as defined in Section 14525.5, and the availability of
funding.
(b) Except for those counties that do not prepare a congestion
management program pursuant to Section 65088.3, congestion management
programs adopted pursuant to Section 65089 shall be incorporated
into the regional choice program submitted to the commission by
December 15 of each odd-numbered year.
(c) Local projects not included in a congestion management
program shall not be included in the regional choice program.
Projects and programs adopted pursuant to subdivision (a) shall be
consistent with the capital improvement program adopted pursuant to
paragraph (5) of subdivision (b) of Section 65089, and the guidelines
adopted pursuant to Section 14530.1.
(d) Other projects may be included in the regional choice program
if listed separately.
(e) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional choice program for that county, the
department shall, in consultation with the affected local agencies,
prepare the program for all counties for which it prepares a regional
transportation plan.
(f) The requirements for incorporating a congestion management
program into a regional choice program specified in this section do
not apply in those counties that do not prepare a congestion
management program in accordance with Section 65088.3.
SEC. 26. Section 65083 of the Government Code is amended to read:
65083. As part of implementation of the demonstration program
established pursuant to Section 14045 of the Government Code, the
regional transportation planning agency preparing the four-year
regional transportation improvement program pursuant to Section 65082
shall consider those exclusive mass transit guideway projects where
the applicant and the local entity responsible for land use decisions
have entered into a binding agreement to promote high density
residential development within one-half mile of a mass transit
guideway station. Any project selected by the agency which is
located in a demonstration site shall be considered for inclusion in
the regional transportation improvement program. This section shall
not preclude the agency from applying the criteria for making awards
which may be required or permitted pursuant to other provisions of
law.
SEC. 27. Section 65086 of the Government Code is amended to read:
65086. The Department of Transportation, in consultation with
transportation planning agencies, county transportation commissions,
counties, and cities, shall carry out long-term state highway system
planning to identify future highway improvements .
SEC. 28. Section 65086.4 of the Government Code is repealed.
SEC. 29. Section 65086.5 of the Government Code is amended to
read:
65086.5. (a) The Department of Transportation, transportation
planning agencies, and county transportation commissions shall
coordinate the development of project studies reports and federally
required equivalent major investment-related studies resulting in
project candidates for inclusion in regional transportation
improvement programs and the state transportation improvement
program, as required under Section 14529.
(b) At a minimum, the project studies report or major investment
study shall include the project-related factors of limits,
description, scope, costs, and scheduling of major project
activities, identify the lead agency for each major project activity,
including project engineering, environmental studies, construction,
and operations, and specify the amount of time needed for initiating
construction.
(c) The Department of Transportation shall seek assistance from
regional and local transportation agencies or other entities for the
preparation of project studies reports for projects on state
highways. Whenever project studies reports are performed by an
entity other than the Department of Transportation for projects on
state highways, the department shall review and approve the report
within the time limits established in subdivision (d).
(d) The Department of Transportation may be requested to prepare a
project studies report for a capacity-increasing state highway
project which is being proposed for inclusion in a future state
transportation improvement program. The department shall have 30
days to determine whether it can complete the requested report in a
timely fashion. If the department determines that it cannot complete
the report in a timely fashion, the requesting entity may prepare
the report. Upon submission of a project studies report to the
department by the entity, the department shall complete its review
and provide its comments to that entity within 60 days from the date
of submission. The department shall complete its review and final
determination of a report which has been revised to address the
department's comments within 30 days following submission of the
revised report.
(e) The Department of Transportation, in consultation with
representatives of counties, cities, and regional transportation
planning agencies, may, from time to time, propose revised guidelines
for the preparation of project studies reports and major investment
studies by all entities. The guidelines shall address the
development of reliable cost estimates. The department shall submit
the proposed revised guidelines to the California Transportation
Commission. The commission shall adopt the final guidelines.
Guidelines adopted by the commission shall thereafter apply only to
project studies reports and major investment studies.
SEC. 30. Section 99310 of the Public Utilities Code is amended to
read:
99310. (a) The Transportation Planning and Development Account in
the State Transportation Fund, hereafter referred to as the "account"
in this article, is hereby continued in existence as the Public
Transportation Account in the fund.
(b) Any reference in any law or regulation to the Transportation
Planning and Development Account in the State Transportation Fund is
a reference to the Public Transportation Account.
SEC. 31. Section 99312 of the Public Utilities Code is amended to
read:
99312. From the funds transferred to the account pursuant to
Section 7102 of the Revenue and Taxation Code, the Legislature shall
appropriate funds for the following purposes :
(a) To the department, 50 percent for purposes of Section 99315.
(b) To the Controller, 25 percent for allocation to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(c) To the Controller, 25 percent for allocation to transportation
agencies, county transportation commissions, and the San Diego
Metropolitan Transit Development Board for purposes of Section 99313.
SEC. 32. Section 99315 of the Public Utilities Code is amended to
read:
99315. Funds made available pursuant to subdivision (a) of
Section 99312, shall be available for all of the following purposes:
(a) Bus and passenger rail services pursuant to Sections 14035,
14035.5, and 14038 of the Government Code.
(b) Funding of public transit capital improvement projects in the
state transportation improvement program, pursuant to Section 14529
of the Government Code.
(c) To the department for its planning activities not payable
from the State Highway Account in the State Transportation Fund, its
mass transportation responsibilities, and its assistance in regional
transportation planning.
(d) To the director for allocation to the Institute of
Transportation Studies of the University of California for training
and research in public transportation systems engineering and
management and coordination with other transportation modes.
(e) To the commission for its activities not payable from the
State Highway Account.
(f) To the Public Utilities Commission for its passenger rail
safety responsibilities specified in statute on commuter rail,
intercity rail, and urban rail transit lines.
SEC. 33. Section 99315.5 of the Public Utilities Code is repealed.
SEC. 34. Section 99315.6 of the Public Utilities Code is repealed.
SEC. 35. Section 99318 of the Public Utilities Code is repealed.
SEC. 36. Section 99318.2 of the Public Utilities Code is repealed.
SEC. 37. Section 163 of the Streets and Highways Code is repealed.
SEC. 38. Section 164 of the Streets and Highways Code is repealed.
SEC. 39. Section 164 is added to the Streets and Highways Code, to
read:
164. The Legislature, through the enactment of this section,
intends to establish a policy for the use of all transportation funds
that are available to the state, including the State Highway
Account, the Public Transportation Account, and federal funds. The
department and the commission shall prepare fund estimates pursuant
to Sections 14524 and 14525 of the Government Code based on the
following:
(a) Annual expenditures for the administration of the department
shall be the same as the most recent Budget Act.
(b) Annual expenditures for the maintenance and operation of the
state highway system shall be the same as the most recent Budget Act.
(c) Annual expenditure for the rehabilitation of the state highway
system shall be the same as the most recent Budget Act, or, if a
long-range rehabilitation plan has been enacted pursuant to Section
164.6, it shall be based on planned expenditures in a long-range
rehabilitation plan prepared by the department and approved by the
Legislature.
(d) Annual expenditures for local assistance shall be the amount
required to fund local assistance programs required by state or
federal law or regulations, including, but not limited to, railroad
grade crossing maintenance, bicycle lane account, congestion
mitigation and air quality, regional surface transportation programs,
local highway bridge replacement and rehabilitation, local seismic
retrofit, local hazard elimination and safety, local federal
demonstration projects, and local emergency relief.
(e) After deducting expenditures for administration, operation,
maintenance, local assistance, and rehabilitation pursuant to
subdivisions (a), (b), (c), and (d), and for expenditures pursuant to
Section 164.56, the remaining funds shall be available for capital
improvements and shall be programmed and expended as follows:
(1) Five percent for state discretionary program pursuant to
Section 164.5.
(2) Fifteen percent for interregional road and intercity passenger
rail improvement.
(3) Eighty percent for regional choice projects.
SEC. 40. Section 164.1 of the Streets and Highways Code is amended
to read:
164.1. Traffic systems management projects are those projects
designed to increase the number of person-trips which can be carried
on the highway system in a peak period without significantly
increasing the designed capacity of the highway system when measured
by the number of vehicle-trips and without increasing the number of
through traffic lanes.
SEC. 41. Section 164.2 of the Streets and Highways Code is
repealed.
SEC. 42. Section 164.3 of the Streets and Highways Code is amended
to read:
164.3. The interregional road system shall include, and shall be
limited to, those routes that are specified in Sections 164.10 to
164.20, inclusive.
SEC. 43. Section 164.4 of the Streets and Highways Code is
repealed.
SEC. 44. Section 164.5 is added to the Streets and Highways Code,
to read:
164.5. (a) The state discretionary program shall include projects
that principally serve interstate, interregional, and international
movement of people and goods.
(b) The Secretary of Business, Transportation and Housing
shall may recommend projects to be funded in
this program. The secretary's recommendation shall be included in
the statewide mobility program pursuant to Section 14526 of the
Government Code.
SEC. 45. Section 164.6 is added to the Streets and Highways Code,
to read:
164.6. (a) The department shall prepare a 10-year state
rehabilitation plan for the rehabilitation and reconstruction, or the
combination thereof, of all state highways and bridges owned by the
state. The plan shall identify all rehabilitation needs for the
10-year period beginning on July 1, 1998, and ending on June 30,
2008, and shall include a schedule of improvements to complete all
needed rehabilitation not later than June 30, 2008. The plan shall
be updated every two years beginning in 2000. The plan shall include
specific milestones and quantifiable accomplishments, such as miles
of highways to be repaved and number of bridges to be retrofitted.
The plan shall contain strategies to control cost and improve the
efficiency of the program, and include a cost estimate for not less
than the first four years of the program.
(b) The plan shall be submitted to the commission for review and
comments and shall be transmitted to the Governor and the Legislature
not later than May 1, 1998, for approval by statute.
(c) The plan shall be the basis for the department's budget
request and for the adoption of fund estimates pursuant to Section
164.
SEC. 46. Section 164.35 of the Streets and Highways Code is
repealed.
SEC. 47. Section 164.50 of the Streets and Highways Code is
repealed.
SEC. 48. Section 164.51 of the Streets and Highways Code is
repealed.
SEC. 49. Section 164.52 of the Streets and Highways Code is
repealed.
SEC. 50. Section 164.55 of the Streets and Highways Code is
repealed.
SEC. 51. Section 164.57 of the Streets and Highways Code is
repealed.
SEC. 52. Section 167 of the Streets and Highways Code is amended
to read:
167. With respect to the funds in the State Highway Account and
in the Passenger Rail Bond Fund, the proposed budget shall be
organized on a program basis. The proposed budget shall list the
proposed expenditures for the transportation program under the
following program elements:
(a) Administration.
(b) Program development.
(c) Maintenance.
(d) State highway operation and protection.
(e) Local assistance.
(f) State discretionary.
(g) Interregional improvements.
(h) Regional choice.
(i) Environmental enhancement and mitigation programs.
The basis for defining major and minor capital outlay projects
shall be established by the commission.
The Legislative Analyst shall prepare an analysis of the proposed
expenditures for each program element as a part of the budget
analysis.
SEC. 53. Section 168 of the Streets and Highways Code is repealed.
SEC. 54. Section 182.4 of the Streets and Highways Code is
repealed.
SEC. 55. Section 182.5 of the Streets and Highways Code is
repealed.
SEC. 56. Section 182.5 is added to the Streets and Highways Code,
to read:
182.5. (a) It is the intent of the Legislature that the
transition to the new programs and procedures established in the bill
enacting this section shall be fair and equitable and minimize
disruptions in the delivery of projects. With specific reference to
the transition from county minimums to county entitlements for
regional choice, no project should be counted twice, no project that
would be counted under either the old or new procedures should escape
being counted in the transition, entitlements should be sufficient
to fund projects programmed in the 1996 State Transportation
Improvement Program for the same period, no incentive or reward
should be provided for delaying a project, and no incentive or reward
should be provided for allocating funds to a project earlier than
the year in which the funds are needed for the project.
(b) At the end of the county minimum period ending June 30, 1997,
the county minimums and county minimum deficits shall be recalculated
under the law as it existed prior to the enactment of the bill
adding this section.
(c) Notwithstanding subdivision (d) of Section 164, there shall be
set aside sufficient funding for every project that is subject to
the county minimum described in subdivision (b) and for which the
commission had not yet allocated funds prior to July 1, 1998. This
funding shall be set aside in the fund estimate prior to and in
addition to the distribution of funding between programs pursuant to
subdivision (d) of Section 164.
(d) The amount of the county minimum deficit calculated for any
county pursuant to subdivision (b) shall be carried forward as a
county entitlement for the four-year period ending June 30, 2001,
prior to and in addition to the computation of county entitlements
pursuant to subdivision (a) of Section 188.8. Likewise, the amount
allocated prior to July 1, 1997, for any project that was subject to
the county minimum for the four-year period ending June 30, 2001,
shall be deducted from the county entitlement for the four-year
period ending June 30, 2001.
(e) The commission shall not allocate funds for any project unless
the commission has programmed the state transportation improvement
program in a manner that complies with the requirements of Sections
188 and 188.8.
(f) Notwithstanding subdivision (a) of Section 188.8, for the
four-year period ending June 30, 2001, the county entitlement for a
county shall not be less than the amount that is programmed in the
1996 State Transportation Improvement Program for that county during
the same four-year period for all flexible congestion relief,
retrofit soundwall, and commuter and urban rail projects.
(g) Notwithstanding subdivision (a), for a county within the
region defined by Section 66502 of the Government Code where funds
were traded in the 1996 State Transportation Improvement Program to
another county in that region, the county entitlement for that county
for the period ending June 30, 2001, shall be increased by the
amount of the trade in the 1996 State Transportation Improvement
Program.
(h) For the four-year period ending June 30, 2001, the commission
shall, at a minimum, fund all intercity rail projects that are
included in the adopted 1996 State Transportation Improvement
Program. The amount of funds programmed for each project shall not
be less than the amount in the 1996 State Transportation Improvement
Program.
(i) The commission shall adopt interim guidelines and procedures
relative to fund estimates and project selection in a manner that the
first State Transportation Improvement Program, pursuant to the
provisions of the act adding this section, is adopted not later than
April 1, 1998.
SEC. 57. Section 182.8 of the Streets and Highways Code is
repealed.
SEC. 58. Section 188 of the Streets and Highways Code is amended
to read:
188. (a) All federal and state funds to be allocated by the
commission for state discretionary projects and regional choice
projects shall be programmed during the period commencing on July 1,
1989, and ending on June 30, 1993, and for each four-year period
thereafter, 40 percent in County Group No. 1 and 60 percent in County
Group No. 2.
(b) Notwithstanding subdivision (a) and Section 14526.5 of the
Government Code, all federal and state funds for rehabilitation and
safety that were programmed or projected to be programmed by the
commission prior to July 1, 1992, for construction prior to July 1,
1997, shall be treated as regional choice funds.
(c) This section shall be known and may be cited as the
Barnes-Mills-Walsh formula.
SEC. 59. Section 188.8 of the Streets and Highways Code is amended
to read:
188.8. (a) From the funds programmed pursuant to Section 188 for
regional choice projects, the commission shall approve programs and
program amendments, so that funding is distributed to each county of
County Group No. 1 and in each county of County Group No. 2 during
the county entitlement periods commencing July 1, 1997, and ending
June 30, 2001, and each period of four years thereafter. The amount
shall be computed as follows:
(1) The commission shall compute, for the county entitlement
periods all of the money to be expended for regional choice projects
in County Groups Nos. 1 and 2, respectively, as provided in Section
188.
(2) From the amount computed for County Group No. 1 in paragraph
(1) for the county entitlement periods the commission shall determine
the amount of programming for each county in the group based on a
formula which is based 75 percent on the population of the county to
the total population of County Group No. 1 and 25 percent on state
highway miles in the county to the total state highway miles in
County Group No. 1.
(3) From the amount computed for County Group No. 2 in paragraph
(1) for the county entitlement periods the commission shall determine
the minimum amount of programming for each county in the group based
on a formula which is based 75 percent on the population of the
county to the total population of County Group No. 2 and 25 percent
on state highway miles in the county to the total state highway miles
in County Group No. 2.
(b) Notwithstanding subdivision (a), that portion of the county
population and state highway mileage in El Dorado and Placer Counties
that is included within the jurisdiction of the Tahoe Regional
Planning Agency shall be counted separately toward the area under the
jurisdiction of the Tahoe Regional Transportation Agency and shall
not be included in El Dorado and Placer Counties. The commission
shall approve programs, program amendments, and fund reservations for
the area under the jurisdiction of the Tahoe Regional Transportation
Agency which shall be calculated using the formula described in
paragraph (2) of subdivision (a).
(c) A transportation planning agency designated pursuant to
Section 29532 of the Government Code, or where a county
transportation commission has been created by Division 12 (commencing
with Section 130000) of the Public Utilities Code, may adopt a
resolution to pool its county entitlement programming with any county
or counties adopting similar resolutions to consolidate its county
entitlements for two consecutive county entitlement periods into a
single entitlement covering both periods. The resolution shall
provide for pooling the county entitlement programming in any of the
pooling counties for a county entitlement period and shall be
submitted to the commission not later than May 1 immediately
preceding the commencement of the county entitlement period.
(d) For the purposes of this section, funds programmed shall
include the following costs:
(1) The amount programmed for right-of-way in the original
programmed years, adjusted for final estimates in the department's
annual right-of-way plans, including early hardship and protection
acquisitions .
(2) The engineer's final estimate of project costs presented to
the commission for approval pursuant to Section 14533 of the
Government Code.
(3) Project costs shown in the program, as amended where project
allocations have not yet been approved by the commission, escalated
to the date of scheduled project delivery.
(4) Any preliminary, environmental, design, or construction
engineering costs programmed and allocated by the commission .
(e) Project costs shall not be changed to reflect actual
right-of-way purchase costs or construction contract award amounts,
or for changes in construction expenditures.
(f) For the purposes of this section, the population in each
county is that determined by the last preceding federal census, or a
subsequent census validated by the Population Research Unit of the
Department of Finance, at the beginning of each county entitlement
period.
(g) For the purposes of this section, "state highway miles" means
the miles of state highways open to vehicular traffic at the
beginning of each county entitlement period.
(h) It is the intent of the Legislature that there is to be
flexibility in programming under this section and Section 188 so
that, while ensuring that each county will receive an equitable share
of state transportation improvement program funding, the types of
projects selected and the programs from which they are funded may
vary from county to county.
(i) Commencing with July 1, 2001, individual county entitlement
shortfalls and surpluses, if any, shall be carried forward and
credited or debited to the following four years.
(j) Notwithstanding subdivision (a), in a region defined by
Section 66502 of the Government Code, the transportation planning
agency may adopt a resolution to pool the county entitlement of any
county or counties within the region, provided that each county shall
receive no less than 85 percent and not more than 115 percent of its
county entitlement for a single county entitlement period and 100
percent of its county entitlement over two consecutive county
entitlement periods. The resolution shall be submitted to the
commission not later than May 1, immediately preceding the
commencement of the county entitlement period.
(k) The cost of federal demonstration projects that use federal
funds that would otherwise be available to the state shall be
subtracted from the county entitlement of the county where the
project is located.
SEC. 60. Section 188.9 of the Streets and Highways Code is
repealed.
SEC. 61. Section 190 of the Streets and Highways Code is repealed.
SEC. 62. Section 190 is added to the Streets and Highways Code, to
read:
190. Each annual proposed budget for the 1998-99, 1999-2000, and
2000-2001 fiscal years, prepared pursuant to Section 165, shall
include the sum of fifteen million dollars ($15,
000,000), which sum may include federal funds
available for grade separation projects, for allocation to grade
separation projects that are included in the priority list prepared
by the Public Utilities Commission, known as the Final Priority List,
No. I.95-07-003, mailed on May 17, 1996. All other grade separation
projects shall be considered for funding in the State Transportation
Improvement Program pursuant to Section 14529 of the Government
Code.
SEC. 63. Section 199 of the Streets and Highways Code is repealed.
SEC. 64. Section 199.1 of the Streets and Highways Code is
repealed.
SEC. 65. Section 199.2 of the Streets and Highways Code is
repealed.
SEC. 66. Section 199.3 of the Streets and Highways Code is
repealed.
SEC. 67. Section 199.4 of the Streets and Highways Code is
repealed.
SEC. 68. Section 199.6 of the Streets and Highways Code is
repealed.
SEC. 69. Section 199.7 of the Streets and Highways Code is
repealed.
SEC. 70. Section 199.8 of the Streets and Highways Code is
repealed.
SEC. 71. Section 199.9 of the Streets and Highways Code is
repealed.
SEC. 72. Section 199.10 of the Streets and Highways Code is
repealed.
SEC. 73. Section 199.11 of the Streets and Highways Code is
repealed.
SEC. 74. Chapter 16 (commencing with Section 2600) of Division 3
of the Streets and Highways Code is repealed.