Bill Text: CA AB2438 | 2021-2022 | Regular Session | Amended
Bill Title: Transportation funding: guidelines and plans.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2438 Detail]
Download: California-2021-AB2438-Amended.html
Amended
IN
Senate
June 16, 2022 |
Amended
IN
Assembly
March 21, 2022 |
Introduced by Assembly Member Friedman |
February 17, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
The bill would require the Transportation Agency, the Department of Transportation, and the California Transportation Commission, in consultation with the State Air Resources Board and the Strategic Growth Council, to jointly prepare and submit a report to the Legislature on or before January 1, 2025, that comprehensively reevaluates transportation program funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the goals set forth in the above-described plans and away from projects that increase vehicle capacity.
(2)Existing law provides for the apportionment of funding to cities and counties, including under the program within the Road Maintenance and Rehabilitation Program commonly known as the Local Streets and Roads Program, for local streets and roads and other transportation improvements.
This bill would require funds apportioned to cities or counties under the Local Streets and Roads Program to be expended consistent with the California Transportation Plan, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and specified greenhouse gas emissions reduction standards. The bill would also express Legislative intent that other funds apportioned to cities and counties for these purposes be expended consistent with those plans and standards.
(3)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
(a)(1)The agency, the Department of Transportation, and the California Transportation Commission, in consultation with the State Air Resources Board and the Strategic Growth Council, shall jointly prepare and submit a report to the Legislature on or before January 1, 2025, that comprehensively reevaluates transportation program funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the goals set forth in the Climate Action Plan for Transportation Infrastructure adopted by the agency and the California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 and away from projects that increase vehicle capacity.
(2)The report shall identify statutory changes that need to be enacted to accomplish the objective described in paragraph (1) and changes that can be accomplished through state agency action without statutory changes.
(b)(1)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2029.
(a)The department, 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 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.
(c)The
department shall prepare revisions to the asset management plan to ensure that a project selected for the state highway operation and protection program and the complete program of projects selected for the state highway operation and protection program align with all of the following:
(1)The California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7.
(2)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(3)The greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and
Senate Bill 375 (Chapter 728 of the Statutes of 2008).
(d)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, the complete plan prepared by the department pursuant to subdivision (b), and the revisions prepared by the department pursuant to subdivision (c).
(e)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.
(a)Based on the 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 improvements relative to the maintenance, safety, operation, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. A project may only be included in the state highway operation and protection program if it is consistent with the guidelines adopted pursuant to subdivision (c) of Section 14526.4.
(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 that 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)(1)The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as applicable, for each of the following project phases:
(A)Project approval and environmental
documents, support only.
(B)Plans, specifications, and estimates, support only.
(C)Rights-of-way.
(D)Construction.
(2)The department shall specify, for each project in the state highway operation and protection program, a projected delivery date for each of the following components:
(A)Project approval and environmental document completion.
(B)Plans, specifications, and estimates completion.
(C)Right-of-way certification.
(D)Start of construction.
(d)The department shall submit its proposed program to the commission not later than January 31 of each even-numbered year. Prior to submitting 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 on cost, scope, schedule, and performance metrics as determined by the commission.
(e)The commission 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.
(f)As part of the commission’s review of the program required pursuant to subdivision (a), the commission shall hold at least one hearing in northern California and one hearing in southern California regarding the proposed program.
(g)On or after July 1, 2017, to provide sufficient and transparent oversight of the department’s capital outlay support resources composed of both state staff and contractors, the commission shall be required to allocate the department’s capital
outlay support resources by project phase, including preconstruction. Through this action, the commission will provide public transparency for the department’s budget estimates by increasing assurance that the annual budget forecast is reasonable. The commission shall develop guidelines, in consultation with the department, to implement this subdivision. Guidelines adopted by the commission to implement this subdivision shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
(h)Beginning July 1, 2017, for a project that experiences increases in capital or support costs above the amounts in the commission’s allocation pursuant to subdivision (g), the commission shall establish a threshold
for requiring a supplemental project allocation. The commission’s guidelines adopted pursuant to subdivision (g) shall also establish the threshold that the commission determines is necessary to ensure efficiency and may provide exceptions as necessary so that projects are not unnecessarily delayed.
(i)The department, for each project requiring a supplemental project allocation pursuant to subdivision (h), shall submit a request to the commission for its approval.
(j)Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.
(a)The state transportation improvement program shall include a listing of all capital improvement projects that are expected to receive an allocation of state transportation funds under Section 164 of the Streets and Highways Code, including revenues from transportation bond acts, from the commission during the following five fiscal years. It shall include, and be limited to, the projects to be funded with the following:
(1)Interregional improvement funds.
(2)Regional improvement funds.
(b)For each project, the program shall
specify the allocation or expenditure amount and the allocation or expenditure year for each of the following project components:
(1)Completion of all permits and environmental studies.
(2)Preparation of plans, specifications, and estimates.
(3)The acquisition of rights-of-way, including, but not limited to, support activities.
(4)Construction and construction management and engineering, including surveys and inspection.
(c)Funding for right-of-way acquisition and construction for a project may be included in the program only if the commission makes a finding that the sponsoring agency will
complete the environmental process and can proceed with right-of-way acquisition or construction within the five-year period. An allocation for right-of-way acquisition or construction shall not be made until the completion of the environmental studies and the selection of a preferred alternative.
(d)The commission shall adopt and submit to the Legislature and the Governor, not later than April 1 of each even-numbered year, a state transportation improvement program. The program shall cover a period of five years, beginning July 1 of the year it is adopted, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those five years. The program shall include projects that are expected to receive funds before July 1 of the year of adoption, but for which the commission has not yet
allocated funds.
(e)(1)The projects included in the adopted state transportation improvement program shall be limited to those projects submitted or recommended pursuant to Sections 14526 and 14527. The total amount programmed in each fiscal year for each program category shall not exceed the amount specified in the fund estimate adopted under Section 14525.
(2)A project may only be included in the state transportation improvement program if it is consistent with the guidelines adopted pursuant to subdivision (c) of Section 14530.1.
(f)The state transportation improvement program is a resource management document to assist the state and local entities to plan and implement transportation improvements
and to use available resources in a cost-effective manner. It is a document for each county and each region to declare their intent to use available state and federal funds in a timely and cost-effective manner.
(g)Before the adoption of the state transportation improvement program, the commission shall hold not less than one hearing in northern California and one hearing in southern California to reconcile any objections by any county or regional agency to the department’s program or the department’s objections to any regional program.
(h)The commission shall incorporate projects that are included in the regional transportation improvement program and are to be funded with regional improvement funds, unless the commission finds that the regional transportation
improvement program is inconsistent with paragraph (2) of subdivision (e), is inconsistent with the guidelines adopted by the commission, or is not a cost-effective expenditure of state funds, in which case the commission may reject the regional transportation improvement program in its entirety. The finding shall be based on an objective analysis, including, but not limited to, travel forecast, cost, and air quality. The commission shall hold a public hearing in the affected county or region before rejecting the program, or not later than 60 days after rejecting the program. If a regional transportation improvement program is rejected, the regional entity may submit a new regional transportation improvement program for inclusion in the state transportation improvement program. The commission shall not reject a regional transportation improvement program unless, not later than 60 days after
the date it received the program, it provided notice to the affected agency that specified the factual basis for its proposed action.
(i)A project may be funded with more than one of the program categories listed in Section 164 of the Streets and Highways Code.
(j)Notwithstanding any other law, local or regional matching funds shall not be required for projects that are included in the state transportation improvement program.
(k)The commission may include a project recommended by a regional transportation planning agency or county transportation commission pursuant to subdivision (c) of Section 14527, if the commission makes a finding, based on an objective analysis, that the recommended project is more cost-effective than
a project submitted by the department pursuant to Section 14526.
SECTION 1.
Section 13985 is added to the Government Code, immediately following Section 13984, to read:13985.
(a) No later than January 1, 2024, the agency shall establish guidelines to ensure transparency and accountability for the transportation funding programs it administers, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), and for the project selection processes applicable to the transportation funding programs it administers.SEC. 2.
Section 14011.5 is added to the Government Code, to read:14011.5.
(a) No later than January 1, 2024, the department shall establish guidelines to ensure transparency and accountability for the transportation funding programs it administers, including, but not limited to, the interregional transportation improvement program and the State Highway Operation and Protection Program, and for the project selection processes applicable to the transportation funding programs it administers.SEC. 3.
Section 14524.5 is added to the Government Code, to read:14524.5.
(a) No later than January 1, 2024, the commission shall establish guidelines to ensure transparency and accountability for the transportation funding programs it administers, including, but not limited to, the program established pursuant to Section 2192 of the Streets and Highways Code and the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), and for the project selection processes applicable to the transportation funding programs it administers.SEC. 5.SEC. 4.
Section 14530.1 of the Government Code is amended to read:14530.1.
(a) The department, in cooperation with the commission, transportation planning agencies, and county transportation commissions and local governments, shall develop guidelines for the development of the state transportation improvement program and the incorporation of projects into the state transportation improvement program.(c)The department, in cooperation with the commission, transportation planning agencies, and county transportation commissions and local governments, shall revise the guidelines developed pursuant to subdivision (a) to ensure that a project selected to be included in the state transportation improvement program and the complete program of projects selected for the state transportation improvement program align with all of the following:
(1)The
California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7.
(2)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(3)The greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
(d)
(e)
SEC. 6.SEC. 5.
Section 65072 of the Government Code is amended to read:65072.
The California Transportation Plan shall include all of the following:SEC. 6.
Section 164.6 of the Streets and Highways Code is amended to read:164.6.
(a) (1) The department shall prepare a State Highway System Management Plan. The plan shall include a 10-year state highway system rehabilitation plan for the rehabilitation or reconstruction, or the combination thereof, by the State Highway Operation and Protection Program, of all state highways and bridges owned by the state. The plan shall identify all rehabilitation needs for the 10-year period beginning on July 1, 1998, and ending on June 30, 2008, and shall include a schedule of improvements to complete all needed rehabilitation during the life of the plan not later than June 30, 2008. The plan shall be updated every two years beginning in 2000.SEC. 7.
Section 2033 of the Streets and Highways Code is amended to read:2033.
(a)(2)The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall revise the guidelines developed pursuant to subdivision (a) to ensure that funds allocated pursuant to subdivision (a) of Section 2032 align with all of the following:
(A)The California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 of the Government Code.
(B)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(C)The greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
(a)(1)(A)Before receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds.
(B)A project may only be included in a list of projects submitted pursuant to this section if it is consistent with all of the following:
(i)The California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 of the Government Code.
(ii)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(iii)The greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
(C)Two or more eligible cities, or one or more cities and a county, may propose a project to be jointly funded with these funds. Each city or county that proposes to jointly fund a project shall include its participation in the project in its list of projects submitted to the commission. All projects proposed to receive funding shall be adopted by resolution by the
applicable city council or county board of supervisors at a regular public meeting. A proposed jointly funded project shall additionally be endorsed by a memorandum of understanding that is approved by the entities proposing to jointly fund the project and that includes the identity of the project’s lead agency and a description of the individual contributions of each participating city and county to the project.
(D)The list of projects proposed to be funded with the funds described in subparagraph (A), including jointly funded projects, shall include a description and the location of each proposed project, a proposed schedule for that project’s completion, and the estimated useful life of the improvement.
(E)The project list shall not limit the flexibility of an eligible city
or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with subparagraph (B) and subdivision (b) of Section 2030.
(2)The commission shall submit an initial report to the Controller that indicates the cities and counties that have submitted a list of projects consistent with this subdivision and that are therefore eligible to receive an apportionment of funds under the program for the applicable fiscal year. If the commission receives a list of projects from a city or county after it submits its
initial report to the Controller, the commission shall submit a subsequent report to the Controller that indicates the cities and counties that submitted a list of projects after the commission submitted its initial report.
(3)The Controller, upon receipt of the initial report, shall apportion funds to eligible cities and counties.
(4)(A)For any city or county that is not included in the initial report submitted to the Controller pursuant to paragraph (2), the Controller shall retain the monthly share of funds that would otherwise be apportioned and distributed to the city or county pursuant to paragraph (3).
(B)If the Controller receives a subsequent report from the commission
within 90 days of receiving the initial report from the commission that a city or county has become eligible to receive an apportionment, the Controller shall apportion the funds retained pursuant to subparagraph (A) to the city or county.
(C)The Controller shall reapportion to all eligible cities and counties pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103 any funds that were retained pursuant to subparagraph (A) but that were not apportioned and distributed pursuant to subparagraph (B).
(b)For each fiscal year, each city or county receiving an apportionment of funds shall, upon expending program funds, submit documentation to the commission that details the expenditures of all funds under the program,
including a description and location of each completed project, the amount of funds expended on the project, the completion date, if applicable, and the estimated useful life of the improvement. For projects jointly
funded pursuant to subparagraph (C) of paragraph (1) of subdivision (a), each participating city and county shall submit to the commission the documentation required pursuant to this subdivision.
(c)Before receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032, an eligible city or county may expend other funds on eligible projects and may reimburse the source of those other funds when it receives its apportionment from the Controller over one or more years.
It is the intent of the Legislature that funds apportioned by the Controller to cities and counties pursuant to this chapter be expended consistent with all of the following:
(a)The California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 of the Government Code.
(b)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(c)The greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
SEC. 10.SEC. 8.
Section 2192 of the Streets and Highways Code is amended to read:2192.
(a) The following revenues shall be allocated for infrastructure projects pursuant to this section:(3)A project may only be included in the program of projects adopted pursuant to paragraph (1) if it is consistent with the guidelines adopted pursuant to paragraph (3) of subdivision (f).
(2)
(3)The commission shall revise the guidelines adopted pursuant to paragraph (1) to ensure that a project included in the program of projects and the complete program of projects are
aligned with the California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 of the Government Code, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and the greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).
The commission shall allocate program funds to projects after reviewing the corridor plans submitted by the regional agencies or the department and making a determination that a proposed project is consistent with the objectives of the corridor plan and is consistent with the guidelines adopted pursuant to paragraph (2) of subdivision (a) of Section 2396. In addition to making a consistency determination with respect to project nominations, the commission shall score the proposed projects on the following criteria:
(a)Safety.
(b)Congestion.
(c)Accessibility.
(d)Economic development and job creation and retention.
(e)Furtherance of state and federal ambient air standards.
(f)Efficient land use.
(g)Matching funds.
(h)Project deliverability.
SEC. 9.
Section 2391 of the Streets and Highways Code is amended to read:2391.
Pursuant to subdivision (b) of Section 11053 of the Revenue and Taxation Code, two hundred fifty million dollars ($250,000,000) in the State Highway Account shall be available for appropriation to the Department of Transportation in each annual Budget Act for the Solutions for Congested Corridors Program. Funds made available for the program shall be allocated by the California Transportation Commission to projects designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state. Funding shall be available for projects that make specific performance improvements and are part of a comprehensive multimodal corridor plan designed to reduce congestion in highly traveled corridors by providing more transportation choices for residents, commuters, and visitors to the area of the corridor while preserving the character of the local community and creating opportunities for neighborhood enhancement projects. In order to mitigate increases in vehicle miles traveled, greenhouse gases, and air pollution, highway lane capacity-increasing projects funded by this program shall be limited to high-occupancy vehicle lanes, managed lanes as defined in Section 14106 of the Government Code, and other non-general purpose lane improvements primarily designed to improve safety for all modes of travel, such as auxiliary lanes, truck climbing lanes, or dedicated bicycle lanes. Project elements within the corridor plans may include improvements to state highways, local streets and roads, public transit facilities, bicycle and pedestrian facilities, and restoration or preservation work that protects critical local habitat or open space.SEC. 12.SEC. 10.
Section 2396 of the Streets and Highways Code is amended to read:2396.
(a)(2)The commission, in consultation with the State Air Resources Board, shall revise the guidelines to ensure that a project to be included in the program of projects and the complete program of projects adopted pursuant to Section 2395 align with all of the following:
(A)The California Transportation Plan updated pursuant to Chapter 2.3 (commencing with Section 65070) of Division 1 of Title 7 of the Government Code.
(B)The Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.
(C)The greenhouse gas emissions
reduction standards set forth in the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38550) of the Health and Safety Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008).