BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 969
                                                                  Page  1


          SENATE THIRD READING
          SB 969 (DeSaulnier)
          As Amended  June 11, 2014
          Majority vote 

           SENATE VOTE  :35-0  
          
           ADMINISTRATIVE REVIEW         11-1                   
          APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Frazier, Achadjian,       |Ayes:|Gatto, Bigelow,           |
          |     |Buchanan,                 |     |Bocanegra, Bradford, Ian  |
          |     |Ian Calderon, Cooley,     |     |Calderon, Campos,         |
          |     |Gorell, Hagman,           |     |Donnelly, Eggman, Gomez,  |
          |     |Lowenthal, Medina, Olsen, |     |Holden, Jones, Linder,    |
          |     |Salas                     |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Quirk-Silva               |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           SUMMARY  :  Requires an agency administering a transportation  
          megaproject, as defined, to develop a comprehensive risk  
          management plan and establish a peer review group to review the  
          project's plans and finances.  Specifically,  this bill  :   

          1)Defines a transportation megaproject to mean a project with  
            total estimated development and construction costs exceeding  
            $2.5 billion.

          2)Requires an administering agency to establish a comprehensive  
            risk management plan and comply with various financial  
            requirements related to the megaproject.

          3)Directs an administering agency to establish a peer review  
            group to review the megaproject's plans and finances and issue  
            an analysis to the agency's governing board or the  
            Legislature.

          4)Requires an administering agency to post a list of all  
            engineers in charge of any work related to the megaproject,  








                                                                  SB 969
                                                                  Page  2


            and their qualifications, on its Web site.

          5)Exempts the California High Speed Rail Authority, which  
            already has a peer review group, from the requirements of this  
            bill.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Potential reimbursable General Fund costs exceeding $150,000  
            per megaproject for local transportation entities to establish  
            and administer peer review groups and risk management plans.   
            The California Department of Transportation (Caltrans)  
            indicates that there is about one new local megaproject each  
            year.

            To the extent the peer review groups and risk management plans  
            lead to better project outcomes, agencies could realize  
            significant unknown cost savings.  (Each one percent saved on  
            a $2.5 billion project would be $25 million.)

          2)Any costs to Caltrans would be minor and absorbable.  The  
            department, which rarely has jurisdiction over projects of  
            this magnitude, already applies the proscribed activities on  
            large projects.
           COMMENTS :  Current law permits local administering agencies to  
          establish a peer review group to provide expert advice on the  
          scientific and technical aspects of public works projects.  If  
          an agency chooses to create a peer review group for this  
          purpose, it must develop a transparent process for selecting  
          members of the group, draft a charter, and post the charter on  
          its Web site.  

          This bill requires agencies that administer transportation  
          megaprojects to establish both a peer review group and a  
          comprehensive risk management plan.  According to the author,  
          this bill is intended to improve the state's delivery of large  
          projects by applying best practice principles of oversight and  
          risk management to all future transportation megaprojects.

          The Department of Finance opposes this bill because it may  
          create a state-reimbursable mandate on local agencies  
          administering megaprojects.  The Orange County Transportation  
          Authority contends that this bill is unnecessary and duplicative  








                                                                  SB 969
                                                                  Page  3


          of existing federal risk reporting requirements for projects  
          over $500 million that receive federal funding.


           Analysis Prepared by  :    Cassie Royce / A. & A.R. / (916)  
          319-3600 


                                                                FN: 0004784