Bill Text: CA AB1134 | 2011-2012 | Regular Session | Amended
Bill Title: Department of Transportation: project study reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1134 Detail]
Download: California-2011-AB1134-Amended.html
BILL NUMBER: AB 1134 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2011
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 18, 2011
An act to amend Section 8879.61 of the Government Code,
relating to transportation funding, and declaring the urgency
thereof, to take effect immediately. An act to amend
Section 65086.5 of the Government Code, rela ting to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1134, as amended, Bonilla. Highway Safety, Traffic
Reduction, Air Quality, and Port Security Bond Act of 2006:
allocation of funds. Department of Transportation:
project study reports.
Existing law requires the Department of Transportation, in
consultation with transportation planning agencies, county
transportation commissions, counties, and cities, to carry out
long-term state highway planning. Existing law authorizes the
department, to the extent that it does not jeopardize the delivery of
projects in the adopted state transportation improvement program, to
prepare a project studies report for capacity-increasing state
highway projects. Existing law requires the department to review
project studies reports performed by an entity other than the
department. Existing law authorizes a local entity to request the
department to prepare a project studies report for a
capacity-increasing state highway project that is being proposed for
inclusion in a future state transportation improvement program. If
the department determines that it cannot complete the report in a
timely fashion, existing law authorizes the requesting entity to
prepare the report. Existing law makes specified guidelines adopted
by the California Transportation Commission applicable to project
studies reports commenced after October 1, 1991.
This bill would instead authorize the department to prepare
project study reports for any project on the state highway system.
The bill would require project study reports to include specified
project-related factors, including, among other things, cost
estimates, schedule, and other information deemed necessary to form a
sound basis for commitment of future state funding and project
delivery. The bill would require an entity performing a project study
report to reimburse the department for the cost of reviewing and
approving a report for projects that are not in an adopted regional
transportation plan, a voter-approved county sales tax measure
expenditure plan, or another voter-approved transportation program.
The bill would authorize a local entity to request the department to
prepare a project study report for a state highway project that is
being proposed for inclusion in a future state transportation
improvement program or for funding from a regional or local funding
source and would authorize the local entity to prepare the report at
its own expense if the department determines that it cannot complete
the report. The bill would require open and continuous communication
between the department, a local entity requesting a project study
report, and the regional transportation planning agency or county
transportation commission. The bill would require the department, in
consultation with representatives of cities, counties, regional
transportation planning agencies, and county congestion management
agencies, to prepare draft revised guidelines for the preparation of
project study reports, as specified, and would require the department
to submit the draft revised guidelines to the California
Transportation Commission by July 1, 2012. The bill would require the
California Transportation Commission to adopt final guidelines by
October 1, 2012, and would make the guidelines applicable to project
study reports upon adoption of the guidelines.
Existing law, implementing the Highway Safety, Traffic Reduction,
Air Quality, and Port Security Bond Act of 2006, requires specified
entities receiving an allocation of the proceeds of bonds issued
under the act to expend those funds within 3 fiscal years of the
fiscal year in which the funds were allocated.
This bill would specify that for an allocation of the funds made
prior to June 30, 2011, the entity receiving the allocation would be
required to expend them within 4 fiscal years of the fiscal year in
which the funds were allocated.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65086.5 of the
Government Code is amended to read:
65086.5. (a) To the extent that the work does not
jeopardize the delivery of the projects in the adopted state
transportation improvement program, the The
Department of Transportation may prepare a project
studies report for capacity-increasing study
reports for projects on the state highway projects
that are not included in the state transportation improvement program
system . Preparation of the
project studies report study reports
shall be limited by the resources available to the department for
that work, supplemented, as appropriate, by regional or local
resources. The A project
studies study report shall include the
project-related factors of limits, description, scope,
costs, and the amount of time needed for initiating construction
cost estimate, schedule, and other information deemed
necessary to form a sound basis for commitment of future state
funding and project delivery .
(b) Whenever project studies study
reports for projects on the state highway system are
performed by an entity other than the Department of Transportation,
the department shall review and approve the report
reports . For projects that are in an adopted
regional transportation plan, a voter-approved county sales tax
measure expenditure plan, or other voter-approved transportation
program, the department's cost for review and approval shall be at
the department's expense. For other projects, the cost to the
department for review and approval shall be paid by the entity
performing the work.
(c) The Department of Transportation may be requested to prepare a
project studies study report for a
capacity-increasing state highway project which is
being proposed for inclusion in a future state transportation
improvement program or for funding from a regional or local
funding source . The department shall have 30 days to determine
whether it can complete the requested report in a timely fashion. If
the department determines that it cannot complete the report in a
timely fashion, the requesting entity may prepare the report at
its expense . Upon submission of a project studies
study report to the department by the entity,
the department shall complete its review and provide its comments to
that entity within 60 days from the date of submission. The
department shall complete its review and final determination of a
report which has been revised to address the department's comments
within 30 days following submission of the revised report.
(d) During development of project study reports for projects on
the state highway system, there shall be open and continuous
communication between the Department of Transportation, the
requesting entity, and the regional transportation planning agency or
county transportation commission.
(d)
(e) The Department of Transportation, in consultation
with representatives of cities, counties, and
regional transportation planning agencies, and any county
congestion management agencies, shall prepare draft
revised guidelines for the preparation of project
studies study reports by all entities. The
guidelines shall address the development of reliable cost
estimates differentiate project study report
requirements for projects proposed to be funded from the State
Highway Operation and Protection Program, the State Transportation
Improvement Program, or exclusively from a regional or local funding
source . The department shall submit the draft revised
guidelines to the California Transportation Commission not
later than July 1, 1991 2012 . The
commission shall adopt the final guidelines not later than October 1,
1991 2012 . Guidelines adopted by the
commission shall apply only to project studies
study reports commenced after October 1, 1991
adoption of the guidelines .
SECTION 1. Section 8879.61 of the Government
Code is amended to read:
8879.61. (a) (1) Except as provided in paragraph (2), entities
described in subdivisions (a), (b), and (c) of Section 8879.57
receiving an allocation of funds pursuant to this article shall
expend those funds within three fiscal years of the fiscal year in
which the funds were allocated. Funds remaining unexpended thereafter
shall revert to the California Emergency Management Agency, as
applicable, for reallocation under this article in subsequent fiscal
years.
(2) Notwithstanding paragraph (1), for an allocation of funds made
prior to June 30, 2011, to an entity described in subdivisions (a),
(b), and (c) of Section 8879.57, that entity shall expend those funds
within four fiscal years of the fiscal year in which the funds were
allocated. Funds remaining unexpended thereafter shall revert as
provided in paragraph (1).
(b) Entities that receive grant awards from funds allocated
pursuant to subdivisions (b) or (c) of Section 8879.57 are not
eligible to receive awards from the funds allocated pursuant to
subdivision (a) of Section 8879.57.
(c) Funds appropriated for the program established by this article
in the Budget Act of 2007 shall be allocated consistent with the
allocation schedule established in Section 8879.57.
SEC. 2. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to ensure that public transit agencies have sufficient
time to complete critical projects using certain transportation bond
funds, it is necessary that this act take effect immediately.
