Chapter 2 - Duties

California Government Code — §§ 14520-14534.1

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Sections (61)

Amended by Stats. 2013, Ch. 352, Sec. 291. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

The commission shall advise and assist the Secretary of Transportation and the Legislature in formulating and evaluating state policies and plans for transportation programs in the state.

Repealed and added by Stats. 1997, Ch. 622, Sec. 1.1. Effective January 1, 1998.

(a)The Legislature, through the enactment of Senate Bill 45 during the 1997–98 Regular Session, intends to establish priorities and processes for the programming and expenditure of state transportation funds that are at the discretion of the Legislature and the Governor.
(b)The department is responsible for the planning, design, construction, maintenance, and operation of the state highway system and Senate Bill 45 is not intended to alter that responsibility.
(c)In addition to other responsibilities established by law, the department is the responsible agency for performing all state highway project components specified in subdivision (b) of Section 14529 of the Government Code except for construction.
(d)The Legislature, through the enactment of this section, intends that nothing in subdivision (b) of Section 14529 of the Government Code or any other provision in the act that added this section to the Government Code shall be construed to expand or restrict the authority or responsibility of the department, as provided by statute or the California Constitution, to perform the components described in subdivision (b) of Section 14529 of the Government Code on state highways.

Added by Stats. 1977, Ch. 1106.

The commission may request and review reports of the department and of other entities which pertain to transportation issues and concerns that the commission determines need special study.

Amended by Stats. 1978, Ch. 669.

In cooperation with the regional transportation planning agencies, the commission may prescribe study areas for analysis and evaluation by such agencies and guidelines for the preparation of the regional transportation plans.

Added by Stats. 2008, Ch. 728, Sec. 2. Effective January 1, 2009.

(a)(1) The commission, in consultation with the department and the State Air Resources Board, shall maintain guidelines for travel demand models used in the development of regional transportation plans by federally designated metropolitan planning organizations.
(2)Any revision of the guidelines shall include the formation of an advisory committee that shall include representatives of the metropolitan planning organizations, the department, organizations

knowledgeable in the creation and use of travel demand models, local governments, and organizations concerned with the impacts of transportation investments on communities and the environment. Before amending the guidelines, the commission shall hold two workshops on the guidelines, one in northern California and one in southern California. The workshops shall be incorporated into regular commission meetings.

(b)The guidelines shall, at a minimum and to the extent practicable, taking into account such factors as the size and available resources of the metropolitan planning organization, account for all of the following:
(1)The relationship between land use density and household vehicle ownership and vehicle miles traveled in a way that is consistent with statistical research.
(2)The impact of enhanced transit

service levels on household vehicle ownership and vehicle miles traveled.

(3)Changes in travel and land development likely to result from highway or passenger rail expansion.
(4)Mode splitting that allocates trips between automobile, transit, carpool, and bicycle and pedestrian trips. If a travel demand model is unable to forecast bicycle and pedestrian trips, another means may be used to estimate those trips.
(5)Speed and frequency, days, and hours of operation of transit service.

Added by Stats. 2008, Ch. 728, Sec. 3. Effective January 1, 2009.

(a)A metropolitan planning organization shall disseminate the methodology, results, and key assumptions of whichever travel demand models it uses in a way that would be useable and understandable to the public.
(b)Transportation planning agencies other than those identified in paragraph (1) of subdivision (a) of Section 14522.1, cities, and counties are encouraged, but not required, to utilize travel demand models that are consistent with the guidelines in the development of

their regional transportation plans.

Added by Stats. 2012, Ch. 365, Sec. 2. (AB 441) Effective January 1, 2013.

The commission shall include in an attachment to the next revision of its guidelines prescribed pursuant to Section 14522 a summary of the policies, practices, or projects that have been employed by metropolitan planning organizations that promote health and health equity. The summary attachment may include, but is not limited to, projects that implement any Safe Routes to Schools program, established pursuant to Section 2333.5 of the Streets and Highways Code, multiuse recreational

trails, pedestrian and bicyclist pathways, and programs that serve transportation needs in rural communities.

Amended by Stats. 1997, Ch. 622, Sec. 2. Effective January 1, 1998.

The commission may prepare an independent evaluation of the department’s budget regarding the adequacy of funding levels and the relative needs of program categories as defined in Section 167 of the Streets and Highways Code and submit its recommendations to the Legislature not later than April 1 of each year. The report shall reflect the commission’s judgment regarding the overall funding levels for each program category and shall not duplicate the item-by-item analysis conducted by the Legislative Analyst.

Amended by Stats. 2000, Ch. 91, Sec. 1. Effective July 7, 2000.

(a)Not later than July 15, 2001, and July 15 of each odd-numbered year thereafter, the department shall submit to the commission a five-year estimate pursuant to Section 164 of the Streets and Highways Code, in annual increments, of all federal and state funds reasonably expected to be available during the following five fiscal years.
(b)The estimate shall specify the amount that may be programmed in each county for regional improvement programs pursuant to paragraph (2) of

subdivision (a) of Section 164 of the Streets and Highways Code and shall identify any statutory restriction on the use of particular funds.

(c)For the purpose of estimating revenues, the department shall assume that there will be no changes in existing state and federal statutes. Federal funds available for demonstration projects that are not subject to federal obligational authority, or are accompanied with their own dedicated obligational authority, shall not be considered funds that would otherwise be available to the state and shall not be included in the fund estimate.
(d)The method by which the estimate is determined shall be determined by the commission, in consultation with the department, transportation planning agencies, and county transportation commissions.

Amended by Stats. 1992, Ch. 1296, Sec. 12. Effective September 30, 1992.

(a)The department shall, as part of the reports required pursuant to Sections 14524.15 and 14525.5, report on its costs of project development for all state transportation improvement program projects awarded during the previous fiscal year.
(b)For purposes of this section, “costs of project development” includes all noncapital costs incurred by the department from completion of the project study report through the award of the construction contract.

The costs of project development include the prorated share of distributed departmental administration, as identified in the Governor’s proposed budget, attributable to these project development activities. The calculation of the prorated share of departmental administration shall exclude tort payments, costs of legal services associated with those payments, and central administrative services.

(c)The department shall attempt to keep its cost of project development, as defined in subdivision (b), from exceeding 20 percent of the value of state transportation improvement program projects, including right-of-way costs, awarded during the previous fiscal year, except for those projects where the department has provided design oversight only or has not been the responsible agency for project design.

The average cost of project delivery for the three previous fiscal

years shall not exceed the 20 percent target.

(d)On or before June 1 of each year, the Legislative Analyst shall assess the department’s costs of project development.

Amended by Stats. 2003, Ch. 525, Sec. 6. Effective January 1, 2004.

(a)If the department’s total project delivery plan for any year requires a permanent and temporary capital outlay support staffing level which equals the 1986–87 budgeted permanent and temporary capital outlay support staffing level, the department’s budget request for that year shall contain a permanent and temporary capital outlay support staffing level equal to its 1986–87 authorized permanent and temporary capital outlay support staffing level.
(b)If the department’s

total project delivery plan for any year requires a permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime and contract services which exceed the 1986–87 authorized permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime and contract services, the department’s budget request for that year shall contain a permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime equal to the 1986–87 authorized permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime plus one-half of the excess over the 1986–87 authorized permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime and contract services. The department may contract out, pursuant to Section 14131, an equal number of personnel year equivalents for each authorized permanent and temporary capital

outlay support staffing level and personnel year equivalents for cash overtime which exceed the 1986–87 authorized permanent and temporary capital outlay support staffing level and personnel year equivalents for cash overtime.

(c)For purposes of this section, “permanent and temporary capital outlay support staffing level” means the department’s permanent and temporary capital outlay support staffing level funded by state and federal funds through the State Highway Account.

Added by Stats. 2014, Ch. 917, Sec. 3. (SB 486) Effective January 1, 2015.

Commencing with the update to the California Transportation Plan that is required on or before December 31, 2020, the commission may, in cooperation with the department, prescribe study areas for analysis and evaluation by the department and may establish guidelines for the preparation of the updates to the California Transportation Plan prepared pursuant to Section 65071.

Added by Stats. 2014, Ch. 917, Sec. 4. (SB 486) Effective January 1, 2015.

(a)On or before June 30, 2015, the department shall submit to the commission for approval an interregional transportation strategic plan directed at achieving a high functioning and balanced interregional transportation system. The plan shall be action oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to the department for managing the state’s transportation system.
(b)The interregional transportation strategic plan shall be consistent with the California Transportation Plan as updated pursuant to Section 65071.

Amended by Stats. 2000, Ch. 91, Sec. 2. Effective July 7, 2000.

(a)Not later than August 15, 2001, and August 15 of each odd-numbered year thereafter, the commission shall adopt a five-year estimate pursuant to Section 164 of the Streets and Highways Code, in annual increments, of all state and federal funds reasonably expected to be available during the following five fiscal years.
(b)The estimate shall specify the amount that may be programmed in each county for regional improvement programs under paragraph (2) of subdivision (a) of

Section 164 of the Streets and Highways Code and shall identify any statutory restriction on the use of particular funds.

(c)For the purpose of estimating revenues, the commission shall assume that there will be no change in existing state and federal statutes. Federal funds available for demonstration projects that are not subject to federal obligational authority, or are accompanied with their own dedicated obligational authority, shall not be considered funds that would otherwise be available to the state and shall not be included in the fund estimate.
(d)If the commission finds that legislation pending before the Legislature or the United States Congress may have a significant impact on the fund estimate, the commission may postpone the adoption of the fund estimate for no more than 90 days. Prior to March 1 of each even-numbered year, the commission may amend the estimate

following consultation with the department, transportation planning agencies, and county transportation commissions to account for unexpected revenues or other unforeseen circumstances. In the event the fund estimate is amended, the commission shall extend the dates for the submittal of improvement programs as specified in Sections 14526 and 14527 and for the adoption of the state transportation improvement program pursuant to Section 14529.

Repealed and added by Stats. 1989, Ch. 105, Sec. 7. Effective July 10, 1989.

The department and the commission shall use an inflation rate that has been established by the Department of Finance. The Department of Finance shall consult with the Legislative Analyst and the Department of Transportation when calculating the inflation rate for this purpose.

Added by Stats. 2016, Ch. 215, Sec. 2. (SB 1279) Effective January 1, 2017.

(a)To the extent consistent with federal law, the commission shall not program or allocate any state funds, including proceeds from the sale of general obligation bonds, under its jurisdiction for any new bulk coal terminal project proposed on or after January 1, 2017.
(b)(1) The commission shall evaluate each new terminal project before the commission to determine consistency with this section and also whether or not the purpose or intent of the new terminal project is to increase the state’s overall capacity to facilitate the transportation of coal in bulk, based on a review of the completed environmental documents and written confirmation from the lead agency of the project,

as designated pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(2)A terminal project grantee of funds identified by the commission as subject to this section shall annually notify the commission that the project is not being used to handle, store, or transport coal in bulk.
(c)This section does not apply to a project or infrastructure already permitted as of January 1, 2016.
(d)For purposes of this section, the following definitions apply:
(1)(A) “New bulk coal terminal” means a terminal that stores, handles, or transports coal in bulk to a degree or significance that is categorized as having the potential for significant impacts in an environmental

document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) as a result of the storage, handling, or transport of coal in bulk.

(B)“New bulk coal terminal” does not include a project that is designed for safety, rehabilitation, congestion reduction, modernization, maintenance, or repair of an existing operation or facility, including rail terminals, railyards, rail facilities, rail infrastructure, and rail right-of-way.
(2)(A) “Terminal project” or “terminal” means a yard, depot, or off-road or other facility that exchanges freight in bulk between transportation modes.
(B)“Terminal project” does not include a project that is designed for safety, rehabilitation, congestion reduction, modernization,

maintenance, or repair of an existing operation or facility, including rail terminals, railyards, rail facilities, rail infrastructure, and rail right-of-way.

Amended by Stats. 1989, Ch. 106, Sec. 2. Effective July 10, 1989.

(a)The department shall submit a project delivery report to the Governor and the Legislature not later than November 15 of each year. The report shall include all state highway projects that are included in the adopted state transportation improvement program costing one million dollars ($1,000,000) or more and for which the department is the responsible agency for project development work.
(b)For each of these projects, the report shall identify the milestone dates by month and year.
(c)For each fiscal year corresponding with the fiscal year used in programming the state transportation improvement program, the report shall identify the number of these projects which met one or more of the milestone dates. The report shall also identify each project where the department failed to meet one or more milestones. For each of those projects, the report shall identify the specific circumstances resulting in the delay, and present a plan to resolve any problems and a new schedule for delivery.
(d)For purposes of this section, each of the following is a “milestone date”:
(1)Commencement of the environmental process.
(2)Commencement of the circulation of the draft environmental documents.
(3)Final approval of the environmental documents.
(4)Commencement of work on the plans, specifications, and estimates.
(5)Project ready to advertise.
(6)Project delivery.
(e)“Project delivery” is the date on which the project is advertised.

Added by Stats. 2012, Ch. 272, Sec. 1. (SB 1102) Effective January 1, 2013.

Not later than November 15, 2014, and annually thereafter, the department shall, as part of the project delivery report required pursuant to Section 14525.5, report on the difference between the original allocation made by the commission and the actual construction capital and support costs at project close for all state transportation improvement program projects completed during the previous fiscal year.

Amended by Stats. 2014, Ch. 917, Sec. 5. (SB 486) Effective January 1, 2015.

(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.
(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.

Amended by Stats. 2024, Ch. 630, Sec. 2. (SB 960) Effective January 1, 2025.

(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 shall include complete streets assets in the asset management plan, including pedestrian, bicycle, and transit priority facilities on the state highway system that are not required under the federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(c)In connection with the

asset management plan, the commission shall do both of the following:

(1)Adopt targets and performance measures reflecting state transportation goals and objectives, including for complete streets assets that reflect the existence and conditions of bicycle, pedestrian, and transit priority facilities on the state highway system.
(2)Review and approve the asset management plan.
(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.

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