Amended  IN  Senate  June 04, 2018
Amended  IN  Senate  June 27, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 636

Introduced by Assembly Member Irwin

February 14, 2017

An act to amend Section 22019 of the Public Contract Code, and to amend Section Sections 2151 and 2154 of the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 636, as amended, Irwin. Local streets and roads: expenditure reports.

Existing

(1) Existing law provides for a portion of gasoline and diesel excise tax revenues in the Highway Users Tax Account to be distributed by formula to cities based on their population and to counties based on their number of registered vehicles and maintained miles of county roads. Existing law, with limited exceptions, requires each city and county to submit to the Controller a complete report of expenditures for street and road purposes by October 1 of each year relative to the preceding fiscal year ending on June 30.
This bill would instead require the report to be submitted to the Controller within 7 months after the close of the fiscal year adopted by a county, city, or city and county. The bill would make other conforming changes. by December 1 of each year relative to the preceding fiscal year ending on June 30.
(2) Existing law requires the Controller to annually tabulate and compile all such reports received by him or her and to distribute copies of that tabulation and compilation to the Governor, the Lieutenant Governor, the Members of the Legislature, the department, the California State Auditor, the Joint Legislative Audit Committee, the cities, and the counties and to any legislative committee charged with the investigation of streets, roads, highways, or bridges in this state.
This bill would delete the requirement that this tabulation and compilation report be distributed to the Governor, the Lieutenant Governor, the Members of the Legislature, the department, the California State Auditor, the Joint Legislative Audit Committee, the cities, and the counties and to any legislative committee charged with the investigation of streets, roads, highways, or bridges in this state, and would instead require that the Controller publish and make the report publicly available on its Internet Web site in a format that may be printed and downloaded.

Existing law establishes the California Uniform Construction Cost Accounting Commission, comprised of 14 members who are charged with, among other duties, recommending for adoption by the Controller, uniform construction cost accounting procedures for implementation by local agencies in contracts for construction on public projects. Existing law requires the Controller, after determining that the recommended uniform construction cost accounting procedures will serve the best interests of the state and public agencies, and upon formal adoption, to promulgate the uniform procedure for all public agencies electing to participate in the uniform procedure.

This bill would require the Controller to adjust related timelines in the uniform procedure to conform with the submission by a governing body of a county, city, or city and county of its expenditures for street and road purposes during the preceding fiscal year.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2151 of the Streets and Highways Code is amended to read:

2151.
 (a) On or before the first day of October December of each year, the governing body of each the county and or city shall cause to be made and filed with the Controller a complete report of the expenditures for street or road purposes during the preceding fiscal year ending on the 30th day of June. However, the City of El Segundo, the City of Huntington Beach, the City of Inglewood, the City of Long Beach, or the City of South Lake Tahoe may send, on a one-time basis, a written notice to the Controller that it has selected a fiscal year ending on a date other than June 30, and, in that case, the fiscal year selected by the city shall be its fiscal year for reports under this section.

The

(b) The Controller shall prescribe the form and contents of the report. The report shall show the amount expended for construction by contract, maintenance by contract, construction by day labor, and maintenance by day labor. For construction and maintenance by day labor, the amount shall include the cost of material, labor, equipment, and overhead for work performed thereunder.

The

(c) The board of supervisors of each county shall by appropriate action, at any regular or special meeting, designate either the county road commissioner or the county auditor as the person responsible for making and signing the report required by this section. When the road commissioner is designated to make and sign the report, the county auditor shall certify the report before it is filed with the Controller. When the county auditor is designated to make and sign the report, the road commissioner shall certify the report before it is filed with the Controller. Reports made by each city shall be certified by the city’s fiscal officer.

SEC. 2.

 Section 2154 of the Streets and Highways Code is amended to read:

2154.
 The Controller shall annually tabulate and compile all such reports received by him or her and shall distribute copies of that tabulation and compilation to the Governor, the Lieutenant Governor, the Members of the Legislature, the department, the State Auditor, the Joint Legislative Audit Committee, the cities, and the counties and to any legislative committee charged with the investigation of streets, roads, highways, or bridges in this state. publish and make that tabulation and compilation report publicly available on its Internet Web site, in a format that may be printed and downloaded.

SECTION 1.Section 22019 of the Public Contract Code is amended to read:
22019.

(a)Upon determining that the recommended uniform construction cost accounting procedures will serve the best interests of the state and public agencies, and upon formal adoption by the Controller, the Controller shall promulgate the uniform procedure for all public agencies electing to participate, together with instructions for their adoption and implementation by any public agency.

(b)On or after January 1, 2018, the Controller shall adjust related timelines in the uniform procedure to conform with the submission by a governing body of a county, city, or city and county of its expenditures for street or road purposes during the preceding fiscal year, pursuant to Section 2151 of the Streets and Highways Code.

SEC. 2.Section 2151 of the Streets and Highways Code is amended to read:
2151.

(a)Within seven months of the close of the fiscal year adopted by a county or city, or city and county, the governing body of the county or city, or city and county, shall cause to be made and filed with the Controller a complete report of the expenditures for street or road purposes during the preceding fiscal year.

(b)The Controller shall prescribe the form and contents of the report. The report shall show the amount expended for construction by contract, maintenance by contract, construction by day labor, and maintenance by day labor. For construction and maintenance by day labor, the amount shall include the cost of material, labor, equipment, and overhead for work performed thereunder.

(c)The board of supervisors of each county shall by appropriate action, at any regular or special meeting, designate either the county road commissioner or the county auditor as the person responsible for making and signing the report required by this section. When the road commissioner is designated to make and sign the report, the county auditor shall certify the report before it is filed with the Controller. When the county auditor is designated to make and sign the report, the road commissioner shall certify the report before it is filed with the Controller. Reports made by each city shall be certified by the city’s fiscal officer. The board of supervisors of a city and county may designate either the city and county road commissioner, the city and county auditor, or the city and county fiscal officer to make, sign, or certify the report, as applicable, pursuant to this subdivision.