Bill Text: CA SB936 | 2023-2024 | Regular Session | Amended

California Senate Bill 936 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Department of Transportation: study: state highway system: road safety projects.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Vetoed) 2024-09-22 - In Senate. Consideration of Governor's veto pending. [SB936 Detail]

Download: California-2023-SB936-Amended.html

Amended IN Senate February 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 936

Introduced by Senator Seyarto
(Coauthor: Senator Wilk)

January 17, 2024

An act to ~~amend Section 2030 of, and to add Section 91.7 to, the Streets and Highways~~ add Section 21080.38 to the Public Resources Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

SB 936, as amended, Seyarto. ~~Department of Transportation: state highway projects: use of collision data.~~ California Environmental Quality Act: exemption: road and safety improvement projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would exempt from CEQA activities or projects undertaken by the Department of Transportation for road and safety improvements at any of the 15 locations in the state highway system with the highest rates of vehicle collisions at any given time, as determined in accordance with data collected by the department.
Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law requires the department to improve and maintain the state highways.
~~This bill would require the department to use available collision data when considering projects or improvements on the state highway system.~~
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 and requires funds made available by the program to be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects. Existing law requires a specified portion of the funds available for the program to be allocated to the Department of Transportation for maintenance of the state highway system or for purposes of the State Highway Operation and Protection Program.
This bill would require those funds made available to the department to be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects, at locations on the state highway system with the highest rate of vehicle collisions according to data collected by the department.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 21080.38 is added to the Public Resources Code, to read:

21080.38.
This division does not apply to activities or projects undertaken by the Department of Transportation for road and safety improvements at any of the 15 locations in the state highway system with the highest rates of vehicle collisions at any given time, as determined in accordance with data collected by the Department of Transportation.

SECTION 1.Section 91.7 is added to the Streets and Highways Code, to read:
91.7.
~~The department shall use available collision data when considering projects or improvements on the state highway system.~~
SEC. 2.Section 2030 of the Streets and Highways Code is amended to read:
2030.
~~(a)(1)The Road Maintenance and Rehabilitation Program is hereby created to address deferred maintenance on the state highway system and the local street and road system.~~
(2)Except as provided in paragraph (3), funds made available by the program shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects.
(3)Funds made available to the department pursuant to paragraph (1) of subdivision (h) of Section 2032 shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects, at locations on the state highway system with the highest rate of vehicle collisions according to data collected by the department.
~~(b)(1)Funds made available by the program shall be used for projects that include, but are not limited to, the following:~~
~~(A)Road maintenance and rehabilitation.~~
~~(B)Safety projects.~~
~~(C)Railroad grade separations.~~
(D)Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project.
~~(E)Traffic control devices.~~
~~(2)Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision.~~
(c)To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.
(d)To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies that may include, but are not necessarily limited to, charging or fueling opportunities for zero-emission vehicles, and provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicle systems.
(e)To the extent deemed cost effective, and where feasible, in the context of both the project scope and the risk level for the asset due to global climate change, the department and cities and counties receiving funds under the program shall include features in the projects funded by the program to better adapt the asset to withstand the negative effects of climate change and make the asset more resilient to impacts such as fires, floods, and sea level rise.
(f)To the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, and where feasible, the department and cities and counties receiving funds under the program shall incorporate complete street elements into projects funded by the program, including, but not limited to, elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities.
~~(g)For purposes of funds directed to the State Highway Operation and Protection Program, the guidelines and reporting provisions shall be consistent with Section 14526.5 of the Government Code.~~
(h)Guidelines adopted by the commission to facilitate the allocation of funds in the Road Maintenance and Rehabilitation Account shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).