Bill Text: CA SB1320 | 2015-2016 | Regular Session | Introduced
Bill Title: California Transportation Commission.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1320 Detail]
Download: California-2015-SB1320-Introduced.html
BILL NUMBER: SB 1320 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
(Coauthors: Senators Anderson, Bates, Fuller, Gaines, Huff,
Moorlach, Stone, and Vidak)
(Coauthors: Assembly Members Bigelow, Brough, Chang, Gallagher,
and Lackey)
FEBRUARY 19, 2016
An act to amend Sections 13975, 14500, and 14526.5 of, and to
repeal Section 14534.1 of, the Government Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1320, as introduced, Runner. California Transportation
Commission.
(1) Existing law establishes in state government the
Transportation Agency, which includes various departments and state
entities, including the California Transportation Commission.
Existing law vests the California Transportation Commission with
specified powers, duties, and functions relative to transportation
matters. Existing law requires the commission to retain independent
authority to perform the duties and functions prescribed to it under
any provision of law.
This bill would exclude the California Transportation Commission
from the Transportation Agency, establish it as an entity in state
government, and require it to act in an independent oversight role.
The bill would also make conforming changes.
(2) Existing law requires the Department of Transportation to
prepare a state highway operation and protection program every other
year for the expenditure of transportation capital improvement funds
for projects that are necessary to preserve and protect the state
highway system, excluding projects that add new traffic lanes. The
program is required to be based on an asset management plan, as
specified. Existing law requires the department to specify, for each
project in the program, the capital and support budget and projected
delivery date for various components of the project. Existing law
provides for the California Transportation Commission to review and
adopt the program, and authorizes the commission to decline to adopt
the program if it determines that the program is not sufficiently
consistent with the asset management plan.
This bill would additionally require the department to program
capital outlay support resources for each project in the program. The
bill would provide that the commission is not required to approve
the program in its entirety, as submitted by the department, and may
approve or reject individual projects programmed by the department.
The bill would require the department to submit any change in a
programmed project's cost, scope, or schedule to the commission for
its approval.
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) Over the next 10 years, the state faces a $59 billion
shortfall to adequately maintain the state highway system in a basic
state of good repair.
(b) The 21st Annual Highway Report by the Reason Foundation,
published in September 2014, found the following:
(1) California has 50,462 lane miles of highways under the
administration of the Department of Transportation (Caltrans).
(2) Overall, California spent $501,136 per state mile of highway,
more than three times the national average, yet California's state
highway system ranks 45th in overall performance and cost
effectiveness.
(3) California spent $102,889 per state mile of highway
specifically on maintenance, nearly four times the national average.
(4) California spent $48,754 per state mile of highway
specifically on administration, more than four times the national
average.
(c) The Legislative Analyst's Office recommended, in the Capital
Outlay Support Program Review report issued in May 2014, that
Caltrans should be held accountable for the delivery of State Highway
Operation and Protection Program (SHOPP) projects by requiring the
California Transportation Commission, acting in an independent
oversight role, to review and approve individual SHOPP projects,
allocate Capital Outlay Support Program funds for SHOPP, and report
on Caltrans' project delivery performance and Caltrans should also be
required to provide necessary project information for SHOPP projects
to the California Transportation Commission.
SEC. 2. Section 13975 of the Government Code is amended to read:
13975. There is in the state government the Transportation
Agency. The agency consists of the Department of the California
Highway Patrol, the California Transportation Commission,
the Department of Motor Vehicles, the Department of
Transportation, the High-Speed Rail Authority, and the Board of Pilot
Commissioners for the Bays of San Francisco, San Pablo, and Suisun.
SEC. 3. Section 14500 of the Government Code is amended to read:
14500. There is in the Transportation Agency
state government a California Transportation Commission.
The commission shall act in an independent oversight role.
SEC. 4. Section 14526.5 of the Government Code is amended to read:
14526.5. (a) Based on the asset management plan prepared and
approved pursuant to Section 14526.4, the department shall
prepare prepare, for review by the commission, 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.
As part of the programming process, the department shall
program capital outlay support resources for each project
in the program.
(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) Start of construction.
(d) The program department shall
be submitted submit its proposed program
to the commission not later than January 31 of each
even-numbered year. Prior to submitting the plan, the
its proposed program, 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. The department shall
provide the commission with detailed information for all programmed
projects, including, but not limited to, cost, scope, and schedule.
(e) The commission may shall review
the proposed program relative to its overall adequacy,
consistency with the asset management plan prepared and approved
pursuant to Section 14526.4 and funding priorities established in
Section 167 of the Streets and Highways 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 asset management plan prepared and approved pursuant to
Section 14526.4. is not required to approve
the program in its entirety, as submitted by the
department, and may approve or reject individual projects programmed
by the department. The commission shall adopt a program of approved
projects and submit it to the Legislature and the Governor
not later than April 1 of each even-numbered year.
(f) Expenditures for these projects shall not be subject to
Sections 188 and 188.8 of the Streets and Highways Code.
(g) Following adoption of the state highway operation and
protection program by the commission, any change in a programmed
project's cost, scope, or schedule shall be submitted by the
department to the commission for its approval before the changes may
be implemented.
SEC. 5. Section 14534.1 of the Government Code is repealed.
14534.1. Notwithstanding Section 12850.6 or subdivision (b) of
Section 12800, as added to this code by the Governor's Reorganization
Plan No. 2 of 2012 during the 2011-12 Regular Session, the
commission shall retain independent authority to perform those duties
and functions prescribed to it under any provision of law.
