BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 2382 (Gordon)
          As Amended  May 15, 2012
          Majority vote 

           TRANSPORTATION      10-1        APPROPRIATIONS      15-2        
           
           ----------------------------------------------------------------- 
          |Ayes:|Jeffries, Achadjian,      |Ayes:|Fuentes, Harkey,          |
          |     |Blumenfield, Bonilla,     |     |Blumenfield, Bradford,    |
          |     |Buchanan, Eng, Carter,    |     |Charles Calderon, Campos, |
          |     |Galgiani, Miller,         |     |Davis, Gatto, Hall, Hill, |
          |     |Portantino                |     |Lara, Mitchell, Nielsen,  |
          |     |                          |     |Solorio, Wagner           |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Norby                     |Nays:|Donnelly, Norby           |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the California Department of Transportation 
          (Caltrans) to establish an Innovation District Demonstration 
          Project (demonstration project) in partnership with the Santa 
          Clara Valley Transportation Authority (VTA).  Specifically,  this 
          bill  :  

          1)Requires Caltrans, by July 1, 2014, to establish the 
            demonstration project in partnership with VTA.  

          2)Requires the demonstration project to be designed to:  

             a)   Operate under a new and innovative business model for 
               delivering transportation projects and services in Santa 
               Clara County in a more responsive, cost-effective, and 
               efficient manner; and, 

             b)   Serve as a mechanism for trying out new approaches to 
               project delivery, local assistance, and transportation 
               operations through streamlined processes, improved 
               management techniques, and advanced technologies with the 
               goal of expediting project delivery and increasing the 
               efficiency of Caltrans.  

          3)Requires Caltrans and VTA jointly to conduct an evaluation of 
            the demonstration project to assess the project's 








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            effectiveness and provide recommendations as to whether the 
            project should be continued; requires the report to be 
            submitted to the Legislature by January 1, 2018.  

           EXISTING LAW  establishes:  

          1)Caltrans within the Business, Transportation and Housing 
            Agency and grants it broad powers as the owner and operator of 
            all state highways.  

          2)VTA as congestion management agency and vests it with 
            responsibilities for countywide transportation planning, 
            including congestion management and design and construction of 
            specific highway, pedestrian, and bicycle improvement 
            projects.  

           FISCAL EFFECT  :  According to Assembly Appropriations Committee, 
          absorbable costs to conduct the demonstration project, with the 
          potential for ongoing savings to the extent the demonstration 
          project leads to streamlining project delivery in this and other 
          transportation agencies.  

           COMMENTS  :  In 1984, voters in Santa Clara County approved the 
          first .5-cent sales tax measure in California to fund 
          transportation improvements.  Currently, VTA and the Santa Clara 
          Board of Directors work in partnership to deliver highway and 
          transit projects financed largely by the county's sales tax 
          measure.  VTA is within the nine-county jurisdiction of the 
          Metropolitan Transportation Commission, the designated 
          metropolitan planning organization (MPO) for the San Francisco 
          Bay Area.  

          The author has introduced this bill at VTA's request to provide 
          an opportunity to identify ways to improve communication between 
          Caltrans and local agency staff (namely VTA), and to improve 
          Caltrans' organizational flexibility.  VTA's interest in 
          sponsoring this bill is borne out of its frustration in working 
          with Caltrans.  VTA cites chronic delays from Caltrans in 
          getting project reviews and approvals, inefficiencies, stifling 
          risk aversion, and ineffective, decentralized decision-making as 
          examples of its specific frustrations with Caltrans.  

          According to the author, as California's transportation needs 
          continue to outpace available revenues, counties such as Santa 








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          Clara, that have taxed themselves to pay for transportation 
          improvements, will need to develop improved partnerships with 
          Caltrans and the California Transportation Commission (CTC).  
          The author believes that the demonstration project prescribed by 
          this bill will help expedite project delivery and generate ideas 
          for increasing the efficiency of the department, which could 
          result in long-term savings to the state.  

          Caltrans manages more than 50,000 miles of California's highway 
          and freeway lanes, provides intercity rail services, permits 
          more than 400 public-use airports and special-use hospital 
          heliports, and works with local agencies.  Caltrans has six 
          primary programs:  Aeronautics, Highway Transportation, Mass 
          Transportation, Transportation Planning, Administration and the 
          Equipment Service Center.  The department's over 20,000 
          employees serve the transportation needs of more than 30 million 
          residents.  

          Frustration between Caltrans and regional and local 
          transportation agencies is not new or unique to VTA and this 
          bill is not the first introduced in the Legislature to try to 
          deal with these frustrations.  For example, in 1992, SCR 72 
          (Bergeson), Res. Chapter 115, directed the Legislative Analyst 
          to contract with a private consulting firm to conduct a 
          management audit of Caltrans and its organizational structure 
          and practices and to make recommendations to the Governor and 
          the Legislature.  

          The audit was to include, at a minimum, the following:  

          1)The department's mission as an agency of state government and 
            of the services it renders for the benefit of and on behalf of 
            the people of California.  

          2)How the department fits into the structure of state 
            government, including its relationship with the Governor and 
            other departments.  

          3)The department's organizational structure, including the 
            various divisions and transportation districts.  

          4)Project development work performed by various units and 
            sections of the department, how these sections coordinate 
            their work, their decision making processes, and causes of 








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            delay within these processes.  

          5)The state's changing transportation needs and funding sources 
            and how they impact the programming and delivery of 
            transportation projects and services.  

          6)Constraints created by existing federal and state laws, rules, 
            and regulations governing the transportation program and the 
            department's operations.  

          7)Effectiveness of the department's current organizational 
            structure, including a review of the existing districts and 
            divisions.  

          8)Appropriate performance measures for project delivery through 
            construction.  

          9)Methods and efficiency of the department's engineering, 
            technical review, policies and procedures, electronic data 
            processing, and quality control.  

          10)The ability of the department to meet the needs of its 
            customers and partners.  

          The consulting firm was required to develop an organizational 
          framework within the state government to effectively and 
          efficiently discharge the duties currently assigned to the 
          department.  The recommendations had to be based on the "state 
          of the art" organizational structures without regard to the 
          existing organizational arrangement and had to address, at a 
          minimum, all of the following:  

          1)Should there be a new transportation agency reporting directly 
            to the Governor to direct and coordinate all 
            transportation-related activities of state government?  

          2)Is the department too large and diverse to manage effectively 
            and, if so, what would be an appropriate number of departments 
            to handle the work effectively?  

          3)Within each department, what is the appropriate number of 
            units, such as divisions and sections?  

          4)Within each department, what is the appropriate number of 








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            regional offices or districts?  

          5)What is the effectiveness of the project development process 
            within current legal constraints?  
           
           Stanford Research International (SRI) was hired as the 
          consultant to perform the audit and its comprehensive report was 
          published and submitted to the Legislature in February of 1994.  
          Many of the specific recommendations made by SRI were instituted 
          and led to major reforms within the department.  

          The SRI audit is now almost 20 years old.  Since it was 
          published, there have been significant changes in California's 
          transportation landscape, for example:

          1)Federal and state gas taxes, which at one time supported most 
            safety, maintenance, rehabilitation, and capacity 
            improvements, are now insufficient even to adequately fund 
            Caltrans' increasing maintenance and rehabilitation needs.

          2)Essentially all monies for transportation capital improvements 
            now come either from bonds or from self-help counties sales 
            tax revenues and virtually none come from gas tax revenues.

          3)Significant reforms in transportation programming, enacted in 
            1997 (SB 45 (Kopp), Chapter 622, Statutes of 1997) have 
            devolved responsibility for major planning and allocations for 
            improvements on the state highway system in urban areas to 
            MPOs.  SB 45 directed 75% of funds available for improvement 
            projects to the regions and 25% to Caltrans (for interregional 
            and rural purposes primarily).  

          These changes have undoubtedly contributed to throwing the 
          roles, responsibilities, and relationships between Caltrans and 
          regional and local transportation agencies off plumb.  


           Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093 


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