California 2017-2018 Regular Session Status: Enacted

AB 135 — Transportation.

Last action — Chaptered by Secretary of State - Chapter 255, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the secretary may enter into an agreement with a state for the state to assume the responsibilities of the secretary with respect to federal environmental review and clearance under the National Environmental Policy Act of 1969 (NEPA) with respect to one or more transportation projects, as specified. If a state assumes this responsibility, existing federal law authorizes a state to assume the responsibilities of the secretary for environmental review required under any federal environmental law pertaining to the review or approval of a specific project, and the state to assume the responsibilities of the secretary with respect to one or more transportation projects within the state under NEPA, as specified. Existing law, until January 1, 2020, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program for highway projects. This bill would authorize the Secretary of Transportation to assume the responsibilities of the United States Secretary of Transportation under NEPA and other federal environmental laws for any railroad, public transportation, or multimodal project undertaken by state agencies, as specified. The bill would provide that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of these responsibilities. The bill would repeal these provisions on January 1, 2021. (2) Existing law generally provides for programming and allocation of funds for transportation capital improvement projects through the state transportation improvement program process administered by the California Transportation Commission. Existing law requires 25% of available funds to be programmed and expended on interregional improvement projects nominated by the Department of Transportation, and 75% of available funds to be programmed and expended on regional improvement projects nominated by regional transportation planning agencies or county transportation commissions, as applicable, through adoption of a regional transportation improvement program. Existing law authorizes each transportation planning agency or county transportation commission to request and receive up to 5% of those funds for the purposes of project planning, programming, and monitoring. This bill would authorize the department to make an advance payment to transportation planning agencies and county transportation commissions from those funds for programming, planning, and monitoring if the total allocation is equal to or less than $300,000. The bill would require funds advanced in this manner to be programmed in the state transportation improvement program and allocated by the California Transportation Commission prior to payment. (3) 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. These programs include the Solutions for Congested Corridors Program, the Trade Corridor Enhancement Account, and a program established as part of the Road Maintenance and Rehabilitation Program to fund transportation improvements in counties that have sought and received voter approval of taxes or that have imposed fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission to adopt guidelines for these programs. This bill would authorize these guidelines to include streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that would allow the agency to expend its own funds in advance of allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures, as specified (4) Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law provides for the deposit of various funds, including revenues from certain fuel taxes and vehicle fees, for the program in the Road Maintenance and Rehabilitation Account. Existing law requires funds available for the program to be allocated for various purposes and requires the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula. Prior to receiving an apportionment of funds under the program from the Controller in a fiscal year, existing law requires an eligible city or county to submit to the California Transportation Commission a list of projects proposed to be funded with these funds. Existing law requires the commission to report to the Controller the cities and counties that have submitted a list of projects and requires the Controller, upon receipt of the report, to apportion funds to eligible cities and counties. This bill would authorize an eligible city or county, prior to receiving an apportionment under the program, to expend other funds on eligible projects and to reimburse the source of those other funds when it receives its apportionment from the Controller. The bill would require the Controller, if a city or county is not included in the commission's initial report to the Controller, to retain the monthly share of funds that would otherwise be apportioned and distributed to that city or county and to apportion those funds to that city or county when the Controller receives a subsequent report from the commission that the city or county has become eligible, as specified. The bill would require the Controller to reapportion to all eligible cities and counties any funds that were retained in this manner but that were not apportioned and distributed under these provisions, as specified. The bill would make other related changes. (5) This bill would appropriate $274,473,990 from the Federal Trust Fund to the Department of Transportation for the 2017–18 fiscal year for specified transportation-related purposes. (6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 255, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 25. Page 3469.).

  5. Assembly Rule 63 suspended. (Ayes 54. Noes 25. Page 3462.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 6. Page 2948.).

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 15. Noes 1.) (September 13).

  10. In committee: Hearing postponed by committee.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  12. Senate Rule 29.3(b) suspended. (Ayes 27. Noes 12. Page 2664.)

  13. In committee: Hearing postponed by committee.

  14. Joint Rules 61 and 62 suspended. (Ayes 27. Noes 13. Page 2424.)

  15. Referred to Com. on B. & F.R.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 25. Page 1610.)

  18. Read second time. Ordered to third reading.

  19. Ordered to second reading.

  20. Withdrawn from committee.

  21. Assembly Rule 96 suspended. (Ayes 52. Noes 25. Page 1511.)

  22. Referred to Com. on BUDGET.

  23. From printer. May be heard in committee February 10.

  24. Read first time. To print.

Sponsors

  • Committee on Budget · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No

Sponsors (1)

  • Committee on Budget

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB135 BUDGET (Ting) By Mitchell

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 28502
Democratic 4100
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Nielsen — Nay
Skinner — Yea
Glazer — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Beall — Yea
Mendoza — Yea
Moorlach — Yea
Newman — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Atkins — Yea
Mitchell — Yea
Fuller — Nay
Cannella — Yea
Galgiani — Yea
Hernandez — Yea
Morrell — Nay
Bates — Not Voting
Dodd — Yea
Wilk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 135 BUDGET Concurrence in Senate Amendments By TING

Passed 54 Yea · 25 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Unaffiliated 391900
Republican 0600
Total 542500
% of votes cast 68%32%0%0%
How each member voted (79)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Mathis — Nay
Nazarian — Yea
O'Donnell — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Frazier — Yea
Burke — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Gray — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooper — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Kiley — Nay
Levine — Yea
Maienschein — Nay
Mayes — Nay
Melendez — Nay
Obernolte — Nay
Chávez — Nay
Acosta — Nay
Baker — Nay
Cooley — Yea
Cunningham — Nay
Dababneh — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Waldron — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Subjects

transportation
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Frequently asked questions

What does AB 135 do?
(1) Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the secretary may enter into an agreement with a state for the state to assume the responsibilities of the secretary with respect to federal environmental review and clearance under the National Environmental Policy Act of 1969 (NEPA) with respect to one or more transportation projects, as specified. If a state assumes this responsibility, existing federal law authorizes a state to assume the responsibilities of the secretary for environmental review required under any federal environmental law pertaining to the review or approval of a specific project, and the state to assume the responsibilities of the secretary with respect to one or more transportation projects within the state under NEPA, as specified. Existing law, until January 1, 2020, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program for highway projects. This bill would authorize the Secretary of Transportation to assume the responsibilities of the United States Secretary of Transportation under NEPA and other federal environmental laws for any railroad, public transportation, or multimodal project undertaken by state agencies, as specified. The bill would provide that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of these responsibilities. The bill would repeal these provisions on January 1, 2021. (2) Existing law generally provides for programming and allocation of funds for transportation capital improvement projects through the state transportation improvement program process administered by the California Transportation Commission. Existing law requires 25% of available funds to be programmed and expended on interregional improvement projects nominated by the Department of Transportation, and 75% of available funds to be programmed and expended on regional improvement projects nominated by regional transportation planning agencies or county transportation commissions, as applicable, through adoption of a regional transportation improvement program. Existing law authorizes each transportation planning agency or county transportation commission to request and receive up to 5% of those funds for the purposes of project planning, programming, and monitoring. This bill would authorize the department to make an advance payment to transportation planning agencies and county transportation commissions from those funds for programming, planning, and monitoring if the total allocation is equal to or less than $300,000. The bill would require funds advanced in this manner to be programmed in the state transportation improvement program and allocated by the California Transportation Commission prior to payment. (3) 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. These programs include the Solutions for Congested Corridors Program, the Trade Corridor Enhancement Account, and a program established as part of the Road Maintenance and Rehabilitation Program to fund transportation improvements in counties that have sought and received voter approval of taxes or that have imposed fees, which taxes or fees are dedicated solely to transportation improvements. Existing law requires the commission to adopt guidelines for these programs. This bill would authorize these guidelines to include streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that would allow the agency to expend its own funds in advance of allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures, as specified (4) Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law provides for the deposit of various funds, including revenues from certain fuel taxes and vehicle fees, for the program in the Road Maintenance and Rehabilitation Account. Existing law requires funds available for the program to be allocated for various purposes and requires the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula. Prior to receiving an apportionment of funds under the program from the Controller in a fiscal year, existing law requires an eligible city or county to submit to the California Transportation Commission a list of projects proposed to be funded with these funds. Existing law requires the commission to report to the Controller the cities and counties that have submitted a list of projects and requires the Controller, upon receipt of the report, to apportion funds to eligible cities and counties. This bill would authorize an eligible city or county, prior to receiving an apportionment under the program, to expend other funds on eligible projects and to reimburse the source of those other funds when it receives its apportionment from the Controller. The bill would require the Controller, if a city or county is not included in the commission's initial report to the Controller, to retain the monthly share of funds that would otherwise be apportioned and distributed to that city or county and to apportion those funds to that city or county when the Controller receives a subsequent report from the commission that the city or county has become eligible, as specified. The bill would require the Controller to reapportion to all eligible cities and counties any funds that were retained in this manner but that were not apportioned and distributed under these provisions, as specified. The bill would make other related changes. (5) This bill would appropriate $274,473,990 from the Federal Trust Fund to the Department of Transportation for the 2017–18 fiscal year for specified transportation-related purposes. (6) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Who sponsors AB 135?
AB 135 is sponsored by Committee on Budget.
What is the current status of AB 135?
This bill has been enacted into law. Introduced January 10, 2017. Enacted.
Where can I track AB 135?
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