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SB-873 California Transportation Commission: state transportation improvement program: capital outlay support. (2021-2022)

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Date Published: 01/24/2022 09:00 PM
SB873:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 873

Introduced by Senator Newman

January 24, 2022

An act to amend Section 14529 of the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 873, as introduced, Newman. California Transportation Commission: state transportation improvement program: capital outlay support.
Existing law requires the California Transportation Commission to biennially adopt a state transportation improvement program that lists all capital improvement projects that are expected to receive an allocation of state transportation funds, as specified. Existing law characterizes the state transportation improvement program as 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. Existing law requires the program to specify the allocation or expenditure amount and the allocation or expenditure year for certain project components, as specified.
This bill would require the commission to make an allocation of capital outlay support resources by project phase, including preconstruction, for each project in the program. The bill would require the commission to develop guidelines, in consultation with the Department of Transportation, to implement these allocation procedures. The bill would require the commission to establish a threshold for requiring a supplemental project allocation and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would authorize commission to provide exceptions in the guidelines to the supplemental project allocation threshold requirement to ensure that projects are not unnecessarily delayed. The bill would exempt the guidelines adopted by the commission under these provisions from the Administrative Procedure Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 14529 of the Government Code is amended to read:

14529.
 (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. No 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 thereafter, 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 which that are expected to receive funds prior to before July 1 of the year of adoption, but for which the commission has not yet allocated funds.
(e) 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.
(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 utilize 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) Prior to 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 not consistent 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 prior to before rejecting the program, or not later than 60 days after rejecting the program. When 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 provision of law, no 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.
(l) (1) 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 paragraph. Guidelines adopted by the commission to implement this paragraph shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1).
(2) For a project that experiences increases in capital or support costs above the amounts in the commission’s allocation pursuant to paragraph (1), the commission shall establish a threshold for requiring a supplemental project allocation. The commission’s guidelines adopted pursuant to paragraph (1) 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.
(3) The department, for each project requiring a supplemental project allocation pursuant to paragraph (2), shall submit a request to the commission for its approval.