BILL NUMBER: AB 2382 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 26, 2012
AMENDED IN ASSEMBLY MAY 15, 2012
INTRODUCED BY Assembly Members Gordon and Alejo
(Coauthors: Assembly Members Beall, Campos, Fong, and Hill)
(Coauthors: Senators Alquist, Blakeslee, and Simitian)
FEBRUARY 24, 2012
An act to add and repeal Article 5 (commencing with Section 14190)
of Chapter 2 of Part 5 of Division 3 of Title 2 of the Government
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2382, as amended, Gordon. Department of Transportation:
Innovative Delivery Team Demonstration Program.
Existing law provides that the Department of Transportation has
full possession and control of the state highway system. Existing law
creates the Santa Clara Valley Transportation Authority with various
transportation responsibilities in the County of Santa Clara.
This bill would, by July 1, 2013, require the department
, and the Santa Clara Valley Transportation Authority to
enter into a memorandum of understanding to implement the Innovative
Delivery Team Demonstration Program, which would, until January 1,
2020, provide a different business model for the application of
advanced technologies with the goal of delivering transportation
projects and services in the County of Santa Clara in a more
responsive, cost-effective, and efficient manner. The bill would
require the demonstration program to serve as a mechanism for testing
innovative approaches for improving project delivery and local
assistance. The bill would require the department to assign specified
personnel to the demonstration program. The bill would also require
the authority to provide space, equipment, and other resources, as
specified, to the demonstration program. The bill would require the
authority to carry out, for purposes of implementing the
demonstration program, specified responsibilities for state highway
projects in the County of Santa Clara County
. The bill would require the authority to manage the
local assistance process, for purposes of implementing the
demonstration program, in the County of Santa Clara .
The bill would require the demonstration program to adhere to
all applicable federal rules and regulations, as specified. The bill
would require the authority, in consultation with the department, to
evaluate the effectiveness of the demonstration program and to report
to the Legislature by July 1, 2015, and by July 1, 2018, on
specified matters. By requiring the authority to participate in this
demonstration program, the bill would impose a state-mandated local
program.
The bill would also declare the intent of the Legislature in this
regard.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) In this era of increasing demand for public services and
limited resources, it is important for government at all levels to
consider innovative ways to become more effective and efficient, and
to do more with less.
(b) In California, a typical highway project can take as many as
14 to 16 years to complete. Improvements to the various processes and
procedures related to project development and construction would
shorten this timeline and would, therefore, reduce costs, allowing
more projects to be built with the same amount of money, and allowing
the public to realize the benefits of these projects, such as
increased mobility, sooner.
(c) The Department of Transportation is a very large and extremely
complex organization, with a headquarters office in Sacramento, 12
district offices covering all 58 counties in the state ,
and more than 22,000 employees. As a result, attempting to expedite
project delivery and improve the department's local assistance
program on a statewide basis can be a daunting challenge. Perhaps a
better strategy that would have a greater chance of success would be
to first test out innovative approaches on a small scale to determine
which have the potential to be effective on a statewide basis.
(d) In Silicon Valley, the heart of innovation, the Santa Clara
Valley Transportation Authority has a solid track record of
delivering transportation capital improvement projects for the
communities of the County of Santa Clara County
, either on time or ahead of schedule, and either on budget
or under budget.
(e) The authority is willing to commit its own resources to
implement a demonstration program with the department that envisions
the establishment of a partnership between the two organizations with
the goal of testing innovative approaches for improving project
delivery and local assistance.
(f) Under this demonstration program, it is envisioned that the
department would identify a core group of existing staff to serve at
the authority's headquarters office in the City of San
Jose so that the two organizations could work closely and
collaboratively to develop and implement a different business model
for delivering transportation projects and local assistance services
that takes advantage of the strengths of each organization.
(g) By serving as a testing laboratory for trying out innovative
approaches, the demonstration program presents an excellent
opportunity for taking the first steps in working together to improve
project delivery and local assistance. For those ideas that prove
that they can work, the department could then determine the
appropriate way to apply them throughout its operations, thereby
stretching the benefits of the demonstration program throughout the
state.
(h) Therefore, the purpose of this act is to establish a
demonstration program involving the department and the authority with
the goal of delivering safe, high-quality transportation projects
and local assistance services in the fastest and most affordable way
possible through the development and implementation of an improved
business model that contemplates a realignment of roles and
responsibilities, the use of innovative processes, and the
application of advanced technologies. It is the intent of the
Legislature that the demonstration program serve as a testing
laboratory, with successful innovations being rolled out across the
state, resulting in a more cost-effective, more efficient, and more
responsive business model in terms of delivering transportation
projects and local assistance services to a geographically large and
diverse state.
SEC. 2. Article 5 (commencing with Section 14190) is added to
Chapter 2 of Part 5 of Division 3 of Title 2 of the Government Code,
to read:
Article 5. Innovative Delivery Team Demonstration Program
14190. For purposes of this article, the following terms shall
have the following meanings:
(a) "Authority" means the Santa Clara Valley Transportation
Authority established under Part 12 (commencing with Section 100000)
of Division 10 of the Public Utilities Code.
(b) "Demonstration program" means the Innovative Delivery Team
Demonstration Program.
14191. (a) On or before July 1, 2013, the department and the
authority shall enter into a memorandum of understanding to implement
the Innovative Delivery Team Demonstration Program.
(b) The authority and the department shall develop the
demonstration program to test, but not be limited to, the following:
(1) Operating under a different business model that may consist of
a combination of the following: the realignment of roles and
responsibilities between the department and the authority, the
delegation of decisionmaking authority to department managers
assigned to the demonstration program, the use of innovative
processes, and the application of advanced technologies with the goal
of delivering transportation projects and local assistance services
in the County of Santa Clara in a more responsive, cost-effective,
and efficient manner.
(2) Serving as a mechanism for testing innovative approaches for
expediting project delivery and improving the department's local
assistance program.
(3) Identifying those innovative approaches that are suitable for
application by the department in other parts of the state.
(c) The memorandum of understanding shall, at a minimum, define
roles, responsibilities, conflict resolution, delegation of
authority, empowerment, performance metrics, and financial support
for the purpose of implementing the demonstration program.
14192. (a) From existing staff, the department shall assign the
necessary resources as referred to in the memorandum of
understanding, and which, at a minimum, shall include a program
manager, a local assistance liaison, and at least one project
manager. The department shall locate these staff resources at the
authority's headquarters office in the City of San Jose to
work with the authority to implement the demonstration program. The
department staff resources assigned to the demonstration program
shall continue to be employees of the department and shall operate as
an entity of the department separate from the authority.
(b) The authority shall provide space, equipment, and other
resources as necessary at its headquarters office in the City of
San Jose to accommodate department employees assigned to the
demonstration program.
14193. Notwithstanding any other provision of law, the authority,
for purposes of implementing the demonstration program, shall, at a
minimum, be responsible for, and take the lead on, the following with
respect to projects on the state highway system in the County
of Santa Clara County :
(a) Prepare and certify project study reports or equivalent
planning documents.
(b) Serve as lead agency for purposes of the environmental
approval process pursuant to the California Environmental Quality Act
and the National Environmental Policy Act.
(c) Acquire and certify rights-of-way.
(d) Advertise, award, and administer construction contracts.
(e) Manage the local assistance process.
14193.5. Notwithstanding any other provision of law, the
authority, for purposes of implementing the demonstration program,
shall manage the local assistance process with respect to projects in
the County of Santa Clara.
14194. The demonstration program shall adhere to all applicable
federal laws and regulations and shall not jeopardize the receipt of
federal funds by the department or the authority, or cause a
reduction in the federal funds receivable by the department or the
authority.
14195. (a) The authority, in consultation with the department,
shall evaluate the demonstration program to determine its
effectiveness. On or before July 1, 2018, the authority shall submit
a report containing the results of this evaluation to the
Legislature, together with recommendations as to whether the
demonstration program should be continued. The report shall also
identify those elements of the demonstration program that are
suitable for application by the department on a statewide basis.
(b) On or before July 1, 2015, the authority shall submit a report
to the Legislature on the activities undertaken to date pursuant to
this article and the progress of the demonstration program.
(c) The reports required by subdivisions (a) and (b) shall be
submitted in compliance with Section 9795.
14196. This article shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.