BILL NUMBER: SB 486 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator DeSaulnier
(Coauthors: Senators Cannella, Gaines, Hancock, Lara, Liu, Pavley,
Roth, and Steinberg)
(Coauthor: Assembly Member Lowenthal)
FEBRUARY 21, 2013
An act to amend Sections 14526, 14526.5, and 14536
14526 and 14526.5 of, to add Sections
14523.5, 14524.3, 14524.4, and 14526.4
, and 14526.6 to, and to repeal Section 14009 of, the
Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 486, as amended, DeSaulnier. Department of Transportation:
goals and performance measures.
Existing law provides that the Department of Transportation shall
have full possession and control of the state highway system and
specifies the duties and responsibilities of the department on
various other transportation matters. Existing law requires the
department to prepare the interregional transportation improvement
program which, along with the regional transportation improvement
programs adopted by regional transportation agencies, becomes part of
the state transportation improvement program and identifies most
transportation capital improvements to be undertaken over a multiyear
period with state and federal funds. Existing law also requires the
department to separately prepare the state highway operation and
protection program, which identifies capital projects limited to
maintenance, safety, and rehabilitation work necessary to preserve
and protect the state highway system. Existing law requires the
California Transportation Commission to, among other things, adopt
the state transportation improvement program and approve the state
highway operation and protection program, and further provides for
the commission to allocate transportation capital funds to specific
projects contained in the state transportation improvement program,
but not the state highway operation and protection program, which is
managed by the department.
This bill would authorize the commission, in consultation with the
department, to develop and adopt specific goals for the department.
The bill would require the commission, in consultation with the
department, to identify performance measures with regard to the goals
that the commission elects to adopt and to include an evaluation of
the department's progress in meeting the goals in the commission's
annual report to the Legislature.
This bill would authorize the commission to prescribe study areas
for analysis and evaluation by the department and to establish
guidelines for updates to the California Transportation Plan,
commencing with the plan required to be updated by December 31, 2020.
The bill would require the department, on or before October
15, June 30, 2015, to submit to the commission
for approval an interregional transportation strategic plan directed
at achieving a high-functioning and balanced interregional
transportation system.
The bill would revise the procedures for the development of the
interregional transportation improvement program by requiring the
department to submit a draft 5-year interregional transportation
improvement program to the commission by October 15 of each
odd-numbered year. The bill would require projects included in the
draft interregional transportation improvement program to be
consistent with the interregional transportation strategic plan. The
bill would require the commission to hold public hearings by November
15 of each odd-numbered year regarding the draft program and to
attempt to reconcile any objections. The department would be required
to consider the input received at the hearings and develop and
submit a final interregional transportation improvement program to
the commission for approval not later than December 15 of each
odd-numbered year.
The bill would also require the
commission department , in cooperation
consultation with the department
commission , to establish guidelines,
including specified standards, for the department to follow in the
development and prepare a robust asset management plan
to guide selection of projects for the state highway operation
and protection program. , which plan would
be subject to approval by the commission. The bill would require the
department to include, for each project in the program, a capi
tal and support budget and projected delivery date
for various components of the project. The bill would
specifically authorize the commission to decline to adopt the program
if it determines that the program is not sufficiently consistent
with the guidelines. asset management plan.
This bill would require the department to report quarterly to the
commission on the approved capital and support budgets compared to
expenditures at contract construction acceptance for each major state
highway operation and protection program project completed in the
previous quarter.
Existing law requires the commission to submit an annual report to
the Legislature including, among other things, a discussion of major
transportation policy issues.
This bill would require the annual report to contain a discussion
of the department's project costs for capital projects.
Existing law requires the department, by June 30, 1994, to apply
for federal funding to be used for conversion of data pertaining to
the state highway system from paper storage to intelligent computer
information, and to commence implementation of the conversion process
within 6 months of receiving federal funding approval.
This bill would repeal these provisions.
The bill would also make legislative findings and declarations.
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) The state recently contracted with the State Smart
Transportation Initiative (SSTI) to conduct an external assessment of
the Department of Transportation and provide recommendations for
improving the department's performance.
(b) The SSTI assessment found that the department has not
kept pace with changes in transportation policy and called
for reforms to modernize the department's mission, strengthen its
performance, and help align the department with the state's policy
goals.
(c) The regional transportation planning process is an inclusive,
exhaustive process that moves from a longer-term vision, represented
by the regional transportation plan, to a short-term list of specific
projects in the regional transportation improvement program, which
implements the long-term vision.
(d) The regional transportation planning process begins with the
California Transportation Commission offering guidance and
prescribing study areas for analysis and evaluation by the regional
agencies, as well as providing guidelines for the preparation of the
regional transportation plans.
(e) At the state level, the California Transportation Plan (state
plan) is intended to guide long-term, inclusive planning for state
transportation systems. The commission should provide guidance for
the development of the state plan just as it does for regional
transportation plans.
(f) An intensive effort is currently underway by the department to
develop the next state plan by December 2015. Asking the commission
to provide guidance now would be disruptive to that effort. However,
the commission's guidance on the interregional transportation
strategic plan (interregional plan), which is one of the elements of
the state plan, would be helpful in the interim until development of
the next state plan, when the commission's guidance should directly
inform the development of the state plan.
(g) The interregional plan, updated based on the commission's
guidance to reflect current state statutes, policies,
goals, and objectives, can appropriately provide information
regarding the department's investments in the interregional
transportation improvement program so that this program is more
closely aligned with those state goals
statutes, policies, goals, and policies.
objectives.
(h) Developing a process for the department to follow in
development of the state's interregional and highway maintenance and
operations programs similar to the regional transportation planning
process can create a framework for the department to begin to address
the flaws identified in the SSTI assessment and allow the
state to catch up with the changes in transportation policy
such that the department can once again be aligned with the state's
policy goals.
SEC. 2. Section 14009 of the Government Code is repealed.
SEC. 3. Section 14523.5 is added to the
Government Code, to read:
14523.5. (a) The commission, in consultation with the department,
may develop and adopt specific goals for the department.
(b) The commission, in consultation with the department, shall
identify performance measures for the goals that the commission
elects to adopt pursuant to subdivision (a) and shall include an
evaluation of the department's progress toward meeting these goals in
its annual report to the Legislature pursuant to Section 14535. The
department shall comply with requests from the commission for
information necessary to perform the required evaluation.
SEC. 4. SEC. 3. Section 14524.3 is
added to the Government Code, to read:
14524.3. Commencing with the update to the California
Transportation Plan that is required on or before December 31, 2020,
the commission may, in cooperation with the department, prescribe
study areas for analysis and evaluation by the department and may
establish guidelines for the preparation of the updates to the
California Transportation Plan prepared pursuant to Section 65071.
SEC. 5. SEC. 4. Section 14524.4 is
added to the Government Code, to read:
14524.4. (a) On or before October 15 June
30 , 2015, the department shall submit to the commission for
approval an interregional transportation strategic plan directed at
achieving a high functioning and balanced interregional
transportation system. 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 the department for
managing the state's transportation system.
(b) The interregional transportation strategic plan shall be
consistent with the California Transportation Plan as updated
pursuant to Section 65071.
SEC. 6. SEC. 5. Section 14526 of the
Government Code is amended to read:
14526. (a) Not later than October 15 of each odd-numbered year,
based on the guidelines established pursuant to Section 14530.1, and
after consulting with the transportation planning agencies, county
transportation commissions, and transportation authorities, the
department shall submit to the commission the draft five-year
interregional transportation improvement program consisting of all of
the following:
(1) Projects to improve state highways, pursuant to subdivision
(b) of Section 164 of the Streets and Highways Code.
(2) Projects to improve the intercity passenger rail system.
(3) Projects to improve interregional movement of people,
vehicles, and goods.
(b) Projects included in the interregional transportation
improvement program shall be consistent with the state interregional
transportation strategic plan prepared pursuant to Section 14524.4.
(c) Projects may not be included in the draft interregional
transportation improvement program without a project study report or
major investment study.
(d) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and shall be consistent with, and provide the information
required in, subdivision (b) of Section 14529.
(e) Projects included in the draft interregional transportation
improvement program shall be consistent with the adopted regional
transportation plan.
(f) On or before November 15 of each odd-numbered year, the
commission shall hold at least one hearing in northern California and
one hearing in southern California to attempt to reconcile any
objections by any member of the public or other stakeholder to the
draft interregional transportation improvement program.
(g) The department shall consider the input received at the
hearings conducted pursuant to subdivision (f) and shall develop a
final interregional transportation improvement program. The final
interregional transportation improvement program shall include a
summary of the major comments received at the hearings and responses
to those comments, and shall be submitted to the commission for
approval not later than December 15 of each odd-numbered year.
(h) The commission shall, when approving the final interregional
transportation improvement program pursuant to subdivision (g),
evaluate the extent to which the program is consistent with funding
priorities established in Section 167 of the Streets and Highways
Code.
SEC. 7. SEC. 6. Section 14526.4 is
added to the Government Code, to read:
14526.4. (a) The commission, in cooperation with the
department, shall establish guidelines for the
department to follow in the development and in
consultation with the commission, shall prepare a robust asset
management plan to guide selection of projects for the state
highway operation and protection program required by Section 14526.5.
The asset management plan shall be consistent with any
applicable state and federal requirements.
(b) The guidelines shall include, but not be limited to,
all of the following: department may prepare the asset
management plan in phases, with the first phase to be implemented
with the 2016 state highway operation and protection program, and the
complete asset management plan to be prepared no later than the 2020
state highway operation and protection program.
(1) Standards for project deliverability.
(2) Standards for identifying projects and project components.
(3) Standards for cost estimating.
(4) Programming methods for cost increases and schedule changes.
(5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
(c) The guidelines shall, at a minimum, require that, for each
project, the state highway operation and protection program shall
specify the allocation or expenditure amount and the allocation or
expenditure year for each project component, as necessary.
(d) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in reviewing and adopting the state highway operation and protection
program.
(c) In connection with the asset management plan, the commission
shall do both of the following:
(1) Adopt targets and performance measures reflecting state
transportation goals and objectives.
(2) Review and approve the asset management plan, including the
final version of the first phase and the complete plan prepared by
the department pursuant to subdivision (b).
(d) As used in this section, "asset management plan" means a
document assessing the health and condition of the state highway
system with which the department is able to determine the most
effective way to apply the state's limited resources.
SEC. 8. SEC. 7. Section 14526.5 of
the Government Code is amended to read:
14526.5. (a) Based on the guidelines adopted
asset management plan prepared and approved pursuant to
Section 14526.4, the department shall prepare 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.
(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) Construction.
(c)
(d) The program shall be submitted to the commission
not later than January 31 of each even-numbered year. Prior to
submitting the plan, the 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.
(d)
(e) The commission may review the program relative to
its overall adequacy, consistency with the guidelines
adopted asset management plan prepared and approved
pursuant to Section 14526.4 and funding priorities established
in Section 167 of the Streets and Highway 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 may decline to adopt the program if the commission
determines that the program is not sufficiently consistent with the
guidelines established in asset management
plan prepared and approved pursuant to Section 14526.4.
(e)
(f) Expenditures for these projects shall not be
subject to Sections 188 and 188.8 of the Streets and Highways Code.
SEC. 9. Section 14536 of the Government Code is
amended to read:
14536. (a) The annual report shall include 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.
(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.
(c) As part of its role described in Section 14520, the commission'
s annual report shall also include a discussion of the department's
project costs, including analyses of the department's expenditures on
project support at the following points in time:
(1) Original programming date.
(2) Upon completion of the environmental review process and the
approval of the project.
(3) Upon completion of final design and when the construction
contract is awarded.
(4) Project closeout date.
SEC. 8. Section 14526.6 is added to the
Government Code , to read:
14526.6. (a) The department shall report to the commission
quarterly, for projects which complete construction in the previous
quarter, on the information outlined in subdivision (b) for all major
state highway operation and protection program projects, as defined
by the commission pursuant to subdivision (f) of Section 167 of the
Streets and Highways Code.
(b) The department shall report to the commission on the approved
capital and support budgets compared to expenditures at contract
construction acceptance for all projects included in subdivision (a).
(c) The department shall develop, in consultation with the
commission, a plain language performance report to increase
transparency and accountability of the state highway operation and
protection program.