Today's Law As Amended


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AB-2332 Transportation funding: complete streets.(2015-2016)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) For over a century, California has invested in a state highway system that allowed our state economy to flourish and ensured that over 38 million residents have access to places of employment, education centers, and recreation areas.
(b) However, low-income and disadvantaged communities have faced historic patterns of inequity and disinvestment from our state highway system.
(1) Low-income and disadvantaged communities bear the burden of disproportionate impacts from substandard air quality in the form of higher rates of respiratory illness, hospitalizations, and premature death.
(2) Due to historic disinvestment, low-income and disadvantaged communities suffer from lack of safe infrastructure such as bicycle paths and sidewalks, which leads to increased injuries and fatalities when traveling on the state highway system.
(3) Due to the low level of car ownership in low-income and disadvantaged communities, many residents do not have access to transit or safe infrastructure such as bicycle paths and sidewalks to travel safely to employment, education centers, and recreation areas.
(c) The Department of Transportation has updated its mission to include sustainability, greater focus and awareness on safety for all users of the transportation system, developing a multimodal transportation system that expands transit, walking, and bicycling, and the need for a fix-it-first focus that also achieves cobenefits such as public health and social equity to address all users of the transportation system.
(d) It is the intent of the Legislature that this act continues the Department of Transportation’s greater focus on sustainability and awareness for all users of the transportation system by directing resources to the state’s most impacted and disadvantaged communities to ensure that activities taken in pursuit of sustainability will also provide economic and health benefits to these communities.

SEC. 2.

 Section 14031.9 is added to the Government Code, to read:

14031.9.
 (a) The department shall increase the annual number of complete streets projects undertaken by the department by 20 percent over the 2016 baseline by the year 2020.
(b) As used in this section, “complete street” means a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility.
(c) The department shall have as a goal the reduction by 10 percent, based on the 2016 baseline, of the number of transit, pedestrian, and bicyclist fatalities and the reduction by 15 percent of the statewide per capita the vehicle miles traveled (VMT) relative to 2010 levels reported by district by the year 2020.
(d) It shall also be a goal of the department to increase travel by nonautomobile modes by doing all of the following:
(1) Tripling the amount of bicycle travel relative to 2010-2012 California Household Travel Survey levels.
(2) Doubling the amount of pedestrian travel relative to 2010-2012 California Household Travel Survey levels.
(3) Doubling the amount of transit travel relative to 2010-2012 California Household Travel Survey levels.
(e) The department shall increase accessibility for low-income and disadvantaged communities by increasing multimodal transportation proximity to employment, jobs, housing, and recreation areas.

SEC. 3.

 Section 14526 of the Government Code is amended to read:

14526.
 (a) Not later than October 15 of each odd-numbered year, based on the guidelines established pursuant to Section 14530.1, and after consulting with the transportation planning agencies, county transportation commissions, and transportation authorities, the department shall submit to the commission the draft five-year interregional transportation improvement program consisting of all of the following:
(1) Projects to improve state highways, pursuant to subdivision (b) of Section 164 of the Streets and Highways Code.
(2) Projects to improve the intercity passenger rail system.
(3) Projects to improve interregional movement of people, vehicles, and goods.
(4) Projects to implement or improve complete streets, as defined in subdivision (b) of Section 14031.9.
(b) Projects included in the interregional transportation improvement program shall be consistent with the state interregional transportation strategic plan prepared pursuant to Section 14524.4.
(c) Projects may not be included in the draft interregional transportation improvement program without a project study report or major investment study.
(d) Major projects shall include current costs updated as of November 1 of the year of submittal and escalated to the appropriate year, and shall be consistent with, and provide the information required in, subdivision (b) of Section 14529.
(e) Projects included in the draft interregional transportation improvement program shall be consistent with the adopted regional transportation plan.
(f) On or before November 15 of each odd-numbered year, the commission shall hold at least one hearing in northern California and one hearing in southern California to attempt to reconcile any objections by any member of the public or other stakeholder to the draft interregional transportation improvement program.
(g) The department shall consider the input received at the hearings conducted pursuant to subdivision (f) and shall develop a final interregional transportation improvement program. The final interregional transportation improvement program shall include a summary of the major comments received at the hearings and responses to those comments, and shall be submitted to the commission for approval not later than December 15 of each odd-numbered year.
(h) The commission shall, when approving the final interregional transportation improvement program pursuant to subdivision (g), evaluate the extent to which the program is consistent with funding priorities established in Section 167 of the Streets and Highways Code.

SEC. 4.

 Section 14526.4 of the Government Code is amended to read:

14526.4.
 (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) In connection with the asset management plan, the commission shall do both of the following:
(1) Adopt  Not later than July 1, 2017, adopt  targets and performance measures reflecting state transportation goals and objectives. objectives, that shall include, but are not limited to, all of the following: 
(A) Improving mobility, access, and safety for nonmotorized users in disadvantaged communities by requiring not less than 35 percent of state highway operation and protection program projects be located in urban and rural disadvantaged communities.
(B) Providing targeted and meaningful benefits to residents in those disadvantaged communities. Projects that provide meaningful benefits to those residents shall include, but are not limited to, both of the following:
(i) Walkways, bikeways, and crossing facilities that connect residents to community-identified amenities such as transit stops, employment centers, schools, medical facilities, grocery stores, and other community services.
(ii) Pedestrian or bicycle traffic control devices to improve the safety of nonmotorized users.
(C) Prioritizing projects identified by the community through strong public participation in disadvantaged communities.
(D) Prioritizing projects that recruit, hire, or train low-income, formerly incarcerated, underrepresented, or disconnected youth and adults and other individuals with barriers to employment, pursuant to Section 14005 of the Unemployment Insurance Code. Priority shall be awarded for projects that utilize any of the following:
(i) Community workforce agreements.
(ii) Project labor agreements with targeted hire commitments requiring at least 30 percent of work hours performed by individuals with barriers to employment, pursuant to Section 14005 of the Unemployment Insurance Code, or local hire commitments requiring at least 30 percent of work hours performed by California residents to be performed by residents of the city in which the project takes place.
(iii) Partnerships with community-based workforce training entities preparing low-income youth and adults for employment.
(iv) State certified pre-apprenticeship and registered apprenticeship programs.
(v) State certified community conservation corps.
(vi) “Earn while you learn” models.
(vii) YouthBuild programs.
(viii) California Workforce Development Board programs serving disadvantaged populations.
(2) Review and approve the asset management plan, including the final version of the first phase and the complete plan prepared by the department pursuant to subdivision (b).
(d) 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. resources and advance meaningful benefits in disadvantaged communities. 
(e) As used in this section, “disadvantaged community” means a community with any of the following characteristics:
(1) An area with a median household income less than 80 percent of the statewide median household income based on the most current census tract-level data from the American Community Survey.
(2) An area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.
(3) An area where at least 75 percent of public school students are eligible to receive free or reduced-price meals under the National School Lunch Program.
(f) As used in this section, “meaningful benefits” means transportation projects that address any of the following:
(1) Health harms suffered disproportionately by low-income and disadvantaged communities due to copollutants, including poor air quality and a lack of public health benefits.
(2) Increasing job readiness and career opportunities with workforce development programs, local hiring, or on-the-job training.
(3) Increasing travel for non-motorized users by improving active transportation infrastructure such as bicycle paths, sidewalks, and other non-motorized means of travel.
(4) Investing in transportation that will meet an unmet need that has been identified as a high priority by disadvantaged community residents and groups.

SEC. 5.

 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 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 the maintenance, safety, operation,  maintenance, safety, multiuse, including complete streets, as defined in subdivision (b) of Section 14031.9,  and rehabilitation of state highways and bridges that do not add a new traffic lane to the system.
(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) (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,  well as a projected delivery date,  for each of the following project phases: components: 
(A) (1)  Project  Completion of project  approval and environmental documents, support only. documents. 
(B) (2)  Plans,  Preparation of plans,  specifications, and estimates, support only. estimates. 
(C) Rights-of-way.
(D) Construction.
(2) (3)  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: Acquisition of rights-of-way, including, but not limited to, support activities. 
(A) Project approval and environmental document completion.
(B) Plans, specifications, and estimates completion.
(C) Right-of-way certification.
(D) (4)  Start of construction.
(d) The department shall submit its proposed program  program shall be submitted  to the commission not later than January 31 of each even-numbered year. Prior to submitting its proposed program, the  the plan, 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 may  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  The department  shall hold at least one hearing in northern California and one hearing in southern California regarding the proposed program. public hearing in each of its districts on state highway operation and protection program projects. The hearing shall be accessible by public transit and held at times that are convenient for disadvantaged community residents. Upon request, translation services shall be provided to ensure meaningful participation by non-English-speaking residents. 
(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, 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) (g)  Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.

SEC. 6.

 Section 167 of the Streets and Highways Code is amended to read:

167.
 (a) Funds in the State Highway Account in the State Transportation Fund shall be programmed, budgeted subject to Section 163, and expended to maximize the use of federal funds and shall be based on the following sequence of priorities:
(1) Operation, maintenance, and rehabilitation of the state highway system.
(2) Safety improvements where physical changes, other than adding additional lanes, would reduce fatalities and the number and severity of injuries. injuries to pedestrians. 
(3) Transportation capital improvements that expand capacity or reduce congestion, or do both.
(4) Environmental enhancement and mitigation programs.
(b) With respect to the funds in the State Highway Account, in the Public Transportation Account, and in the Passenger Rail Bond Fund, the proposed budget shall be organized on a program basis. The proposed budget shall list the proposed expenditures for the transportation program under the following program elements:
(1) Administration.
(2) Program development.
(3) Maintenance.
(4) State highway operation and protection.
(5) Local assistance.
(6) Interregional improvements.
(7) Regional improvements.
(8) Environmental enhancement and mitigation programs.
(c) State operations expenditure amounts of the department for interregional and regional transportation improvement projects shall be listed as required by subdivision (b) of Section 14529 of the Government Code, but those amounts other than those for the acquisition of rights-of-way, construction, and construction support shall not be subject to allocation by the commission.
(d) To align the annual budget with the adopted state transportation improvement program, the department may submit to the Department of Finance revised capital outlay support and capital outlay budget estimates as part of its May Revision process. Budget proposals related to these changes shall be provided to the Legislature no later than May 1.
(e) The budget shall not include specific appropriations for specific transportation improvement projects, and the Legislature shall not enact legislation containing specific individual transportation projects.
(f) The basis for defining major and minor capital outlay projects shall be established by the commission.
(g) The Legislative Analyst shall prepare an analysis of the proposed expenditures for each program element as a part of the budget analysis.
(h) The department shall submit to the Legislative Analyst, and the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, on an annual basis, supplemental information to substantiate the department’s proposed capital outlay support budget. The information shall be provided no later than May 1 of each year, and may be provided at an earlier date. The information shall include, but not be limited to, the following:
(1) A list of projects for which the department will perform capital outlay support work in the budget year. For each project, the department shall include:
(A) The planned project support budget for support of environmental, design, right-of-way, and construction phases.
(B) The planned capital costs, including construction capital costs and right-of-way capital costs.
(C) The estimated or actual construction start date and completion date.
(D) The name and year of the state transportation program in which the project is programmed, if applicable.
(E) Total prior fiscal year expenditures for capital outlay support.
(F) The number of full-time equivalent positions requested to perform support of environmental, design, right-of-way, and construction work in the fiscal year of the budget request.
(G) Milestones of project work by phases that are planned to be completed in the fiscal year of the budget request.
(H) The ratio of support to capital costs based on current programming.
(2) The capital-to-support ratio for all projects completed in the prior fiscal year in each program in each district.
(3) The current total number of authorized and vacant positions in the capital outlay support program in headquarters and in each district.
(4) A five-year projection of the department’s staffing needs to support the state’s transportation capital programs and any workload performed by the department related to federal or local funding for highway capital projects.
(5) The average cost of a personnel-year equivalent in each district based on the department’s existing contracts for capital outlay support work performed by a private company under contract with the department. For each average cost, the department shall provide a description of what factors are included in that cost.
(6) The average cost of a state staff personnel-year in the capital outlay support program in each district and in headquarters. The cost shall include the salary and wages, benefits, program overhead, administrative overhead, and other associated costs. The department shall provide a description of each component of the average cost.
(7) A summary of expected capital outlay support workload for the budget year that includes the following:
(A) The total full-time equivalents requested for each type of the following activities: environmental, design, right-of-way, and construction.
(B) The total full-time equivalents requested for each type of project, including, but not limited to, the state transportation improvement program, the state highway operation and protection program, bond programs, regional and local agency partnership workload, and any other program.
(8) The total number of projects with requested resources, as well as the number of projects in which the department is limited to an oversight role.
(9) The number of milestones scheduled, including environmental, design, right-of-way, and construction deliverables, as well as the number of projects expected to begin construction and reach completion.
(10) A summary for the most recently completed fiscal year for the following:
(A) Full-time equivalents and related funding expended, including support of environmental, design, right-of-way, and construction activities.
(B) Approved and filled positions as of the end of the fiscal year.