AB 149 — Transportation.

Summary

(1) The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and permits the board to authorize the acquisition of real property, rights in real property, water, or water rights for wildlife conservation purposes. Existing law requires the department, when authorized by the board, to construct facilities that are suitable for the purpose for which the real property or rights in real property or water, or water rights were acquired. This bill would authorize the board to name a nonvehicular wildlife crossing, which the bill would define as a structure that allows animals to cross human-made barriers safely, if at least 25% of the funding to construct the crossing derives from a state source. The bill would require the board to consult with the Department of Transportation or other appropriate entities on the design of lettering and placement of any sign that displays the name of a nonvehicular wildlife crossing. The bill would authorize the board to adopt criteria to implement these provisions. (2) Existing law authorizes the Secretary of Transportation to assume the responsibilities of the United States Secretary of Transportation under the federal National Environmental Policy Act of 1969 and other federal environmental laws for any railroad, public transportation, or multimodal project undertaken by state agencies, as specified. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of these responsibilities. Existing law repeals these provisions on January 1, 2022. This bill would extend the operation of these provisions until January 1, 2025. (3) Existing law provides for the allocation of revenues from various charges to transit operators and local transportation agencies that meet specified requirements, including, as applicable, requirements related to operating costs, fare box ratios, and revenues, as specified. Existing law excludes certain costs, including startup costs for new services, from the definition of "operating costs" for those and related purposes. Existing law exempts those entities, for fiscal years 2019–20, 2020–21, and 2021–22, as specified, from penalties or other provisions that would reduce the amount of revenues allocated as a result of failing to meet those requirements. This bill would exclude additional specified costs from the definition of "operating costs" for those purposes. The bill would extend those entities' exemptions through the 2022–23 fiscal year, as specified. The bill, until July 1, 2026, would exempt from specified requirements related to fare box ratios and eligibility standards an operator for a fiscal year in which the operator expended from local funding, as defined, an amount for transit operations not less than the amount the operator expended from local funding for transit operations during the 2018–19 fiscal year. The bill would require the Department of Transportation, on or before November 30, 2025, to submit a report to the Legislature on the revenue vehicle hours, ridership, and passenger mile impacts on the services offered by these exempted operators. The bill, for purposes of meeting certain ratios of fare revenues to operating costs, would authorize an operator to calculate all free and reduced transit fares at their current full retail value, and to include federal grant funds as local funds for those purposes. (4) Existing law requires transportation planning agencies, county transportation commissions, transit development boards, and operators to triennially undergo performance audits to evaluate their efficiency, effectiveness, and economy of operation. This bill would require the Department of Transportation, in consultation with transportation planning agencies, county transportation commissions, and transit development boards, on or before November 30, 2021, to review the requirements for, and submit a report to the Legislature on, those performance audits to identify opportunities for streamlining and to make them more effective. (5) The Vehicle License Fee Law, in addition to any other fee imposed on a vehicle by that law or by the Vehicle Code, imposes a transportation improvement fee on each vehicle and requires a portion of the revenues attributable to the fee to be transferred to the Public Transportation Account for the State Transit Assistance Program. Existing law continuously appropriates those funds to the Controller under a program commonly known as the State of Good Repair Program for allocation to transit agencies pursuant to specified formulas. Existing law restricts the expenditure of moneys under this program to (A) transit capital projects or services to maintain or repair a transit operator's existing transit vehicle fleet or existing transit facilities; (B) the design, acquisition, and construction of new vehicles or facilities that improve existing transit services; or (C) transit services that complement local efforts for repair and improvement of local transportation infrastructure. Existing law authorizes the recipient transit agency to instead expend funds apportioned for the 2019–20 to 2021–22, inclusive, fiscal years under the program on any operating or capital expenses to maintain transit service levels if the governing board of the recipient transit agency makes a specified declaration. This bill would authorize a recipient transit agency to additionally expend funds apportioned for the 2022–23 fiscal year under the program on any operating or capital expenses to maintain transit service levels if the governing board of the recipient transit agency makes that specified declaration. By expanding the purposes for which continuously appropriated funds may be used, the bill would make an appropriation. If the governing board of the recipient transit agency makes this declaration, the bill would exempt the recipient transit agency from certain procedural, reporting, and accounting requirements of the State of Good Repair Program with respect to the receipt and expenditure of those funds. (6) Existing law vests the Department of Transportation with possession and control of the state highway system and associated property, and requires the department to improve and maintain state highways, as defined. Existing law authorizes the department to enter into an agreement to accept funds, materials, equipment, or services for maintenance or roadside enhancement, including the cleanup and abatement of litter, of a section of a state highway. This bill would authorize the department, upon the completion of a scheduled cleanup and abatement of litter pursuant to one of these agreements entered into with an individual, organization, agency, or business that has been issued an Adopt-A-Highway permit, to provide a $250 stipend to the individual, organization, agency, or business. This bill would establish the Clean California Local Grant Program of 2021, to be administered by the department, to provide funding, upon appropriation by the Legislature, to allocate grants to local and public agencies, among other entities, for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The bill would require the department to develop guidelines, including project selection criteria and program evaluation metrics, that include, but are not limited to, a process for allocating no less than 50% of the program funds to projects that benefit underserved communities, to be defined by the department, and requirements for local matching of funds of no more than 50% of the total project cost. The bill would require the guidelines to also include specified project types eligible for funding, a limitation of $5,000,000 maximum per grant award, and a prohibition on grants that fund projects that displace persons experiencing homelessness. The bill would authorize the department to allow, and develop guidelines for, advance payments to public agency grant applicants if certain conditions are met. This bill would establish the Clean California State Beautification Program of 2021 to provide funding, upon appropriation by the Legislature, for purposes of beautifying and cleaning up state highways. The bill would require the department to develop project selection criteria and program evaluation metrics and identify eligible projects. The bill would require the department to include in its project selection criteria specified components, including, but not limited to, the potential for a project to enhance and beautify public spaces, the benefit to underserved communities, to be defined by the department, and project types eligible for funding, such as greening and landscaping projects, gateway community identification projects, and enhanced infrastructure safety measures. The bill would, consistent with applicable department policies and guidelines, prohibit program funds from being used to displace persons experiencing homelessness. (7) The State Contract Act generally provides for a contracting process by state agencies for public works of improvement pursuant to a competitive bidding process, under which bids are awarded to the lowest responsible bidder, with specified alternative procurement procedures authorized in certain cases. This bill would authorize the Department of Transportation to use job order contracting to construct projects funded pursuant to the Clean California State Beautification Program of 2021, referenced above. The bill would require the department to establish a procedure to prequalify job order contractors and to establish specified documents for each job order contract, as provided. The bill would delegate to the department the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department's supplemental Fleet Acquisition Plan Fiscal Year 2021–22 for the acquisition of 269 medium- and heavy-duty vehicles and equipment to support litter abatement. The bill would require, as part of the 2022–23 and 2023–24 budgets, the department to report to the Legislature on these two programs, including, but not limited to, the vehicles and equipment purchased, cubic yards of litter collected, and any other important project or program outcomes. (8) Existing law prohibits the Department of Transportation, until July 1, 2021, from charging any self-help counties with countywide sales tax measures dedicated to transportation improvements more than 10% for administration indirect cost recovery, as outlined in the department's Indirect Cost Recovery Proposal. Existing law requires the department to charge those self-help counties for functional overhead until July 1, 2021. This bill would extend those provisions until January 1, 2023. (9) Existing law creates the Road Maintenance and Rehabilitation Program and, after certain allocations for the program are made, requires the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or for purposes of the state highway operation and protection program and 50% for apportionment to cities and counties by the Controller pursuant to a specified formula. Before receiving an apportionment of funds under the program from the Controller in a fiscal year, existing law requires a city or county to submit to the California Transportation Commission a list of projects proposed to be funded with these funds. In order to receive an allocation or apportionment of these funds, existing law requires the city or county to annually expend a certain minimum amount from its general fund for street, road, and highway purposes. This bill would provide that cities and counties are not required to comply with the annual minimum expenditure requirements in the 2019–20 fiscal year. The bill would require the Controller to adjust the annual minimum expenditure requirements in the 2020–21 and 2021–22 fiscal years in proportion to any decrease in taxable sales within the applicable city or county between specified fiscal years. Under a specified circumstance, the bill would authorize a city or county to petition the Controller to use transient occupancy tax revenues, in lieu of taxable sales, for purposes of making these adjustments. (10) Existing law requires the Department of Motor Vehicles to issue to a person a driver's license as applied for when the department determines that the applicant is lawfully entitled to a license. Existing law requires the license to state specified information, including the true name, age, and mailing address of the licensee and a brief description and engraved picture or photograph of the licensee for the purpose of identification. Existing law authorizes the department to issue an identification card to any person attesting to their true full name, correct age, and other identifying data as certified by the applicant for the identification card. This bill would authorize the department to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers that can participate in the program. The bill would require the department, in developing and implementing the use of digital driver's licenses and identification cards, to ensure the protection of personal information and include specified security features that protect against unauthorized access to information. The bill would require the department, if it conducts the pilot program, to submit a report to the Legislature, no later than July 1, 2026, that includes specified information. The bill would also require the department, as part of the 2022–23 budget, to report to the Legislature on the status of the pilot program, as provided. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 07/16/21 - Chaptered Current pdf July 16, 2021
• Enrolled 07/01/21 - Enrolled pdf July 01, 2021
• Amended 06/27/21 - Amended Senate pdf June 27, 2021
• Amended 02/18/21 - Amended Assembly pdf February 18, 2021
• Introduced 01/08/21 - Introduced pdf January 08, 2021
• AB149 View text html

Action History

1. July 16, 2021

   Chaptered by Secretary of State - Chapter 81, Statutes of 2021.

2. July 16, 2021

   Approved by the Governor.

3. July 05, 2021

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

4. July 01, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2204.).

5. July 01, 2021

   Assembly Rule 63 suspended. (Ayes 58. Noes 19. Page 2202.)

6. July 01, 2021

   Assembly Rule 77 suspended. (Ayes 58. Noes 19. Page 2202.)

7. July 01, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 3 pursuant to Assembly Rule 77.

8. July 01, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1759.).

9. July 01, 2021

   Senate Rule 29 suspended. (Ayes 31. Noes 9. Page 1750.)

10. July 01, 2021

    Read second time. Ordered to third reading.

11. June 30, 2021

    From committee: Do pass. (Ayes 17. Noes 0.) (June 30).

12. June 28, 2021

    Joint Rule 62(a), file notice suspended. (Ayes 31. Noes 9. Page 1658.)

13. June 27, 2021

    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.

14. June 24, 2021

    Joint Rule 62(a), file notice suspended. (Ayes 29. Noes 9. Page 1627.)

15. March 11, 2021

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

16. February 25, 2021

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

17. February 25, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 18. Page 486.)

18. February 23, 2021

    Read second time. Ordered to third reading.

19. February 22, 2021

    Ordered to second reading.

20. February 22, 2021

    Withdrawn from committee.

21. February 22, 2021

    Assembly Rule 96 suspended. (Ayes 53. Noes 17. Page 432.)

22. February 22, 2021

    Re-referred to Com. on BUDGET.

23. February 18, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

24. January 28, 2021

    Referred to Com. on BUDGET.

25. January 11, 2021

    Read first time.

26. January 09, 2021

    From printer. May be heard in committee February 9.

27. January 08, 2021

    Introduced. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects