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SB-947 Department of Transportation: state highway projects: agreements with public entities: project design changes.(2023-2024)



Current Version: 01/18/24 - Introduced

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SB947:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 947

Introduced by Senator Seyarto

January 18, 2024

An act to add Section 114.3 to the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 947, as introduced, Seyarto. Department of Transportation: state highway projects: agreements with public entities: project design changes.
Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property. Existing law authorizes the department to enter into cooperative agreements with cities, counties, and other public entities with respect to the acquisition, construction, improvement, and maintenance of state highways, including agreements for the contribution of funds from any of those entities for state highway projects located within their jurisdiction and for the apportionment of expenses associated with the project.
This bill would require the department, in an agreement with a city, county, or other public entity for the contribution of funds for the acquisition, construction, or improvement of any portion of state highway, to include a provision that makes the department responsible for any additional costs associated with a new project design adopted by the department after the project is included in the state transportation improvement program or the state highway operation and protection program, as specified. The bill would also make this provision applicable to agreements in effect as of January 1, 2025.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 114.3 is added to the Streets and Highways Code, to read:

114.3.
 (a) In an agreement that the department enters into with a city, county, or other public entity for that entity to contribute funds for the acquisition, construction, or improvement of any portion of state highway within the jurisdiction of that entity, including agreements entered into pursuant to Sections 113.5, 114, or 130, the department shall include a provision that specifies that if the department changes the design of the project after the project is included in the state transportation improvement program pursuant to Section 14529 of the Government Code or the state highway operation and protection program pursuant to Section 14526.5 of the Government Code and the new project design costs more than the original project design, the department is responsible for the difference in cost between the original and new project design, unless the new project design is required for a health and safety purpose.
(b) The requirement in subdivision (a) shall apply to any agreement described in subdivision (a) in effect as of January 1, 2025, and any new agreement entered into after January 1, 2025.