California 2019 2019-2020 Regular Session

California Senate Bill SB277 Amended / Bill

Filed 03/18/2019

                    Amended IN  Senate  March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 277Introduced by Senator BeallFebruary 13, 2019 An act to amend Section 99222 of the Public Utilities 2033 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Beall. Transit development: transit funds. Road Maintenance and Rehabilitation Program: guidelines.Under existing law, the California Transportation Commission allocates various state and federal transportation funds through specified state programs to local and regional transportation agencies to implement projects consistent with the requirements of those programs. The Road Repair and Accountability Act of 2017 continuously appropriates $200,000,000 annually from the Road Maintenance and Rehabilitation Account for allocation by the commission to local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed certain fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission, in cooperation with the Department of Transportation, transportation planning agencies, county transportation commissions, and other local agencies, to develop guidelines for the allocation of those moneys, and authorizes the commission to amend the adopted guidelines after conducting at least one public hearing.This bill would require the commission, in cooperation with those same entities, to biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year. The bill would require the commission to publicly release a draft of the proposed update at least 6 months before the January 1 final approval deadline, to provide for a 90-day public comment period on the draft, and to conduct at least 2 public hearings about the draft. In order to amend the guidelines, the bill would require the commission to publicly release a draft of the proposed amendment at least 3 months before the amendment is adopted, to provide for a 90-day public comment period on the amendment, and to conduct an additional public hearing.Existing law provides that the Legislature finds and declares that it is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California and that such funds be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2033 of the Streets and Highways Code is amended to read:2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.SECTION 1.Section 99222 of the Public Utilities Code is amended to read:99222.The Legislature hereby finds and declares both of the following:(a)It is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California.(b)That funds available for transit development be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.

 Amended IN  Senate  March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 277Introduced by Senator BeallFebruary 13, 2019 An act to amend Section 99222 of the Public Utilities 2033 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Beall. Transit development: transit funds. Road Maintenance and Rehabilitation Program: guidelines.Under existing law, the California Transportation Commission allocates various state and federal transportation funds through specified state programs to local and regional transportation agencies to implement projects consistent with the requirements of those programs. The Road Repair and Accountability Act of 2017 continuously appropriates $200,000,000 annually from the Road Maintenance and Rehabilitation Account for allocation by the commission to local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed certain fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission, in cooperation with the Department of Transportation, transportation planning agencies, county transportation commissions, and other local agencies, to develop guidelines for the allocation of those moneys, and authorizes the commission to amend the adopted guidelines after conducting at least one public hearing.This bill would require the commission, in cooperation with those same entities, to biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year. The bill would require the commission to publicly release a draft of the proposed update at least 6 months before the January 1 final approval deadline, to provide for a 90-day public comment period on the draft, and to conduct at least 2 public hearings about the draft. In order to amend the guidelines, the bill would require the commission to publicly release a draft of the proposed amendment at least 3 months before the amendment is adopted, to provide for a 90-day public comment period on the amendment, and to conduct an additional public hearing.Existing law provides that the Legislature finds and declares that it is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California and that such funds be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  March 18, 2019

Amended IN  Senate  March 18, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Senate Bill No. 277

Introduced by Senator BeallFebruary 13, 2019

Introduced by Senator Beall
February 13, 2019

 An act to amend Section 99222 of the Public Utilities 2033 of the Streets and Highways Code, relating to transportation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 277, as amended, Beall. Transit development: transit funds. Road Maintenance and Rehabilitation Program: guidelines.

Under existing law, the California Transportation Commission allocates various state and federal transportation funds through specified state programs to local and regional transportation agencies to implement projects consistent with the requirements of those programs. The Road Repair and Accountability Act of 2017 continuously appropriates $200,000,000 annually from the Road Maintenance and Rehabilitation Account for allocation by the commission to local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed certain fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission, in cooperation with the Department of Transportation, transportation planning agencies, county transportation commissions, and other local agencies, to develop guidelines for the allocation of those moneys, and authorizes the commission to amend the adopted guidelines after conducting at least one public hearing.This bill would require the commission, in cooperation with those same entities, to biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year. The bill would require the commission to publicly release a draft of the proposed update at least 6 months before the January 1 final approval deadline, to provide for a 90-day public comment period on the draft, and to conduct at least 2 public hearings about the draft. In order to amend the guidelines, the bill would require the commission to publicly release a draft of the proposed amendment at least 3 months before the amendment is adopted, to provide for a 90-day public comment period on the amendment, and to conduct an additional public hearing.Existing law provides that the Legislature finds and declares that it is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California and that such funds be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.This bill would make nonsubstantive changes to these provisions.

Under existing law, the California Transportation Commission allocates various state and federal transportation funds through specified state programs to local and regional transportation agencies to implement projects consistent with the requirements of those programs. The Road Repair and Accountability Act of 2017 continuously appropriates $200,000,000 annually from the Road Maintenance and Rehabilitation Account for allocation by the commission to local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed certain fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission, in cooperation with the Department of Transportation, transportation planning agencies, county transportation commissions, and other local agencies, to develop guidelines for the allocation of those moneys, and authorizes the commission to amend the adopted guidelines after conducting at least one public hearing.

This bill would require the commission, in cooperation with those same entities, to biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year. The bill would require the commission to publicly release a draft of the proposed update at least 6 months before the January 1 final approval deadline, to provide for a 90-day public comment period on the draft, and to conduct at least 2 public hearings about the draft. In order to amend the guidelines, the bill would require the commission to publicly release a draft of the proposed amendment at least 3 months before the amendment is adopted, to provide for a 90-day public comment period on the amendment, and to conduct an additional public hearing.

Existing law provides that the Legislature finds and declares that it is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California and that such funds be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.



This bill would make nonsubstantive changes to these provisions.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2033 of the Streets and Highways Code is amended to read:2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.SECTION 1.Section 99222 of the Public Utilities Code is amended to read:99222.The Legislature hereby finds and declares both of the following:(a)It is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California.(b)That funds available for transit development be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.

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

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

SECTION 1. Section 2033 of the Streets and Highways Code is amended to read:2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.

SECTION 1. Section 2033 of the Streets and Highways Code is amended to read:

### SECTION 1.

2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.

2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.

2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(b)(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.(c)(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.(2) The commission provides for a 90-day public comment period on the amendment. (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.(d)(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.



2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032.

(b) (1) The commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall biennially update the guidelines with final approval of the update occurring on or before January 1 of each even-numbered year.

(2) The commission shall publicly release a draft of the proposed update at least six months before the January 1 final approval deadline, provide for a 90-day public comment period on the draft, and conduct at least two public hearings about the draft, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.

(b)



(c) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated.

(c)



(d) The commission may amend the adopted guidelines after conducting if it meets all of the following requirements:

(1) The commission releases a draft of the proposed amendment at least three months before the amendment is adopted.

(2) The commission provides for a 90-day public comment period on the amendment.

 (3) The commission conducts at least one two public hearing. hearings, at least one of which shall be conducted in the northern part of the state and at least one of which shall be conducted in the southern part of the state.

(d)



(e) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement.





The Legislature hereby finds and declares both of the following:



(a)It is in the interest of the state that funds available for transit development be fully expended to meet the transit needs that exist in California.



(b)That funds available for transit development be expended for physical improvement to improve the movement of transit vehicles, the comfort of the patrons, and the exchange of patrons from one transportation mode to another.