Bill Text: CA ABX115 | 2015-2016 | Regular Session | Introduced
Bill Title: State Highway Operation and Protection Program: local streets and roads: appropriation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - Died at Desk. [ABX115 Detail]
Download: California-2015-ABX115-Introduced.html
BILL NUMBER: ABX1 15 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Patterson
AUGUST 31, 2015
An act to amend Item 2660-001-0042 of Section 2.00 of the Budget
Act of 2015 (Chapter 10 of the Statutes of 2015), relating to
transportation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 15, as introduced, Patterson. State Highway Operation and
Protection Program: local streets and roads: appropriation.
Existing law appropriates the sum of $663,287,000 for the 2015-16
fiscal year from the State Highway Account to the Department of
Transportation for Capital Outlay Support.
Existing law requires the Department of Transportation to prepare
a state highway operation and protection program every other year for
the expenditure of transportation capital improvement funds for
projects that are necessary to preserve and protect the state highway
system, excluding projects that add new traffic lanes. Existing law
provides for apportionment of specified portions of revenues in the
Highway Users Tax Account derived from gasoline and diesel excise
taxes to cities and counties by formula, with the remaining revenues
to be deposited in the State Highway Account for expenditure on
various state transportation programs, including maintenance of state
highways and transportation capital improvement projects.
This bill would reduce the $663,287,000 appropriation for Capital
Outlay Support by $500 million, and would appropriate $500 million
from the State Highway Account for the 2015-16 fiscal year, with 50%
to be made available to the Department of Transportation for
maintenance of the state highway system or for purposes of the State
Highway Operation and Protection Program, and 50% to be made
available to the Controller for apportionment to cities and counties
by formula for street and road purposes.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 2660-001-0042 of Section 2.00 of the Budget Act of
2015 is amended to read:
2660-001-0042--For support of Department
of Transportation, payable from the
State Highway Account, State
Transportation Fund...................... 2
1 , 2 7
88,213,000
Schedule:
(1) 1835010-Capital
Outlay Support...... 1 6 6
3,287,000
(2) 1835020-Local
Assistance.......... 52,241,000
(3) 1835029-Program
Development......... 40,057,000
(4) 1835038-Legal....... 127,230,000
(5) 1835047-Operations.. 271,118,000
(6) 1835056-Maintenance. 1,372,191,0
00
(7) 1840019-State and
Federal Mass
Transit............. 163,000
(8) 1840028-Intercity
Rail Passenger
Program............. 285,000
(9) 1845013-Statewide
Planning............ 90,719,000
(10) 9900100-
Administration...... 494,913,000
(11) 9900200-
Administration-- -494,913,00
Distributed......... 0
(12) 1850010-Equipment
Service Program..... 188,729,000
(13) 1850019-Equipment
Service Program-- -188,729,00
Distributed......... 0
(14) Reimbursements to
1835010-Capital -265,471,00
Outlay Support...... 0
(15) Reimbursements to
1835020-Local
Assistance.......... -1,214,000
(16) Reimbursements to
1835029-Program
Development......... -860,000
(17) Reimbursements to
1835038-Legal....... -5,491,000
(18) Reimbursements to
1835047-Operations.. -31,873,000
(19) Reimbursements to
1835056-Maintenance. -15,423,000
(20) Reimbursements to
1845013-Statewide
Planning............ -8,746,000
(21) Reimbursements to
9900100-
Administration...... -12,381,000
(22) Reimbursements to
9900200-
Administration--
Distributed......... 12,381,000
Provisions:
1. Notwithstanding any other
provision of law, funds
appropriated in this item
from the State Highway Account
may be reduced and replaced by
an equivalent amount of federal
funds determined by the
Department of Transportation to
be available and necessary to
comply with Section 8.50 and
the most effective management
of state transportation
resources. Not more than 30
days after replacing the state
funds with federal funds, the
Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
2. Notwithstanding any other
provision of law, funding
appropriated in this item may
be transferred to Item 2660-005-
0042 to pay for any necessary
insurance, debt service, and
other financing-related
expenditures for Department of
Transportation-occupied office
buildings. Any transfer
will require the prior approval
of the Department of Finance.
3. Notwithstanding any other
provision of law, funds
appropriated in this item may
be supplemented with federal
funding appropriation authority
and with prior fiscal year
State Highway Account
appropriation balances at a
level determined by the
Department of Transportation as
required to process claims
utilizing federal advance
construction through the plan
of financial adjustment process
pursuant to Sections 11251 and
16365 of the Government Code.
4. Notwithstanding any other
provision of law, funds
appropriated in Item 2660-001-
0042, 50.00-Administration from
the State Highway Account,
may be reduced and replaced by
an equivalent amount of
reimbursements determined by
the Department of
Transportation to be available
and necessary to comply with
Section 28.50 and the most
effective management of state
transportation resources. The
reimbursements may also be
reduced and replaced by an
equivalent amount of funds from
the State Highway Account. Not
more than 30 days after
replacing the State Highway
Account funds with
reimbursements and vice versa,
the Director of Finance shall
notify in writing the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee of
this action.
5. Of the funds appropriated in
Program 1835056-Maintenance,
$231,660,000 is for major
maintenance contracts for the
preservation of highway
pavement, and shall not be
used to supplant any other
funding that would have been
used for major pavement
maintenance.
6. Of the funds appropriated in
Program 1835038-Legal,
$68,556,000 is for the payment
of tort lawsuit claims and
awards. Any funds for that
purpose that are unencumbered
as of April 1, 2016, may be
transferred to Item 2660-302-
0042. Any transfer shall
require the prior approval of
the Department of Finance.
7. Of the funds appropriated in
Program 1835010-Capital Outlay
Support, transfers of
expenditure authority may be
made between Items 2660-001-
0042, 2660-001-0890, 2660-002-
3007, 2660-004-6055, 2660-004-
6056, 2660-004-6058, 2660-004-
6059, 2660-004-6060, 2660-
004-6062, 2660-004-6063, 2660-
004-6064, and 2660-004-6072 to
accommodate changes in capital
outlay and local assistance
program-related workload by
funding source or changes in
availability of funds. The
Department of Finance shall
authorize the transfers not
sooner than 30 days after
notification of the necessity
therefor in writing to the
chairpersons of the committees
in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee.
8. The Department of Finance may
augment the amount appropriated
in Program 1835047-Operations,
by up to $2,000,000 for the
federal Americans with
Disabilities Act of 1990
consultant contracts if the
number of access requests and
grievances exceeds the
Department of Transportation's
projections. The Department of
Finance shall authorize the
augmentation not sooner than 30
days after notification of the
necessity therefor in writing
to the chairpersons of the
committees in each house of the
Legislature that consider
appropriations and the
Chairperson of the Joint
Legislative Budget Committee.
9. Of the funds appropriated in
Program 1845013-Statewide
Planning, the Department of
Transportation shall exempt
project initiation document
development and oversight
services reimbursed from local
government agencies from full
cost recovery as outlined in
its Indirect Cost Recovery Plan.
10. The Department of
Transportation shall streamline
the cooperative work agreement
process related to project
initiation document
development and oversight to
reduce costs to local agencies.
11. The Department of Finance may
augment the amount appropriated
in Schedule (14) by up to
$900,000 for additional
reimbursements from the High-
Speed Rail Authority for the
review and approval of
environmental and engineering
documents regarding
circumstances in which the high-
speed train system interfaces
with the state highway system,
as well as specific highway
realignment projects related to
the high-speed train system.
12. The Department of
Transportation shall exempt the
High-Speed Rail Authority from
full cost recovery as outlined
in its Indirect Cost Recovery
Plan. The Department of
Transportation will charge the
High-Speed Rail Authority for
functional overhead.
13. The Department of
Transportation shall provide
data related to its 2016-17
fiscal year Capital Outlay
Support budget request on
January 10, 2016.
14. Of the funds appropriated in
Program 1835010-Capital Outlay
Support, $272,000,000 is for
overhead and corporate
resources in support of the
Capital Outlay Support Program.
This amount may be adjusted
pursuant to the provisions of
Section 3.60 or provisions of
Items 9800-001-0001, 9800-001-
0494, or 9800-001-0988 with the
concurrence of the Department
of Finance. The Department of
Transportation shall provide
quarterly reports, to the
Department of Finance, of
actual expenditures for
overhead and corporate
resources beginning October 1,
2014. In addition, the
Department of Transportation,
in conjunction with the
Department of Finance, shall
review the overhead and
corporate components of the
Capital Outlay Support Program.
Results associated with this
review shall be included in the
2016-17 fiscal year annual May
Revision Finance Letter.
15. Notwithstanding any other
provision of law, of the
amounts appropriated in
Schedules (10) and (11),
$8,781,000 shall be available
for encumbrance through June
30, 2017, for the purposes of
the Road Usage Charge Pilot
Program, pursuant to Chapter
835, Statutes of 2014.
16. For Program 1835010-Capital
Outlay Support, appropriations
from all funding sources up to
973 out of a total of 9,703
full time equivalent staff
resources may be used at an
average annual labor rate of
$233,400, totaling
$227,041,000, for project
direct external consultant and
professional services related
to project delivery.
17. The Department of
Transportation, in conjunction
with the Department of Finance,
shall adjust the amounts in
Provisions 14 and 16 to account
for the $500,000,000 reduction
in appropriation for Program
1835010-Capital Outlay Support.
SEC. 2. The sum of five hundred million dollars ($500,000,000) is
appropriated from the State Highway Account for the 2015-16 fiscal
year as follows:
(a) Fifty percent to the Department of Transportation for
maintenance of the state highway system or for purposes of the State
Highway Operation and Protection Program.
(b) Fifty percent to the Controller, for apportionment to cities
and counties pursuant to the formula in subparagraph (C) of paragraph
(3) of subdivision (a) of Section 2103 of the Streets and Highways
Code for street and road purposes.
