Section § 165

Explanation

The department must prepare a budget proposal and submit it to the Governor, including details funded by the State Highway Account. They must also inform the commission about the assumptions and strategies they plan to use for the budget.

The commission has a role in reviewing these assumptions and strategies, and they should send back comments and recommendations to the department. This helps ensure transparency and oversight in budgeting for highways.

The department shall prepare and submit to the Governor a proposed budget. The department shall include, within the proposed budget, the portion of that budget that is to be funded from the State Highway Account.
The department shall inform the commission of all pertinent assumptions and policy directions it intends to use in preparing the budget. This information shall be forwarded to the commission as soon as available. The commission shall review the assumptions and policy directions used in preparing the budget and forward its comments and recommendations to the department.

Section § 166

Explanation

This law section outlines that the budget for the State Highway Account must be included in the fiscal year's printed budget submitted to the Legislature. The level of detail in this budget is agreed upon by the Department of Transportation and the Department of Finance, and it should follow the requirements set by another specific law. However, if there is any conflict, the rules in this article take precedence.

Additionally, the Department of Transportation has the responsibility to manage how money is spent through the fiscal year, dividing it into quarters or other periods, regardless of another related law's requirements.

The portion of the proposed budget to be funded from the State Highway Account shall be included in the printed fiscal year budget submitted to the Legislature. The degree of detail contained in the portion of the proposed budget shall be established jointly by the Department of Transportation and the Department of Finance. That portion of the proposed budget shall be, for the State Highway Account, the complete and detailed budget as required by Section 13320 of the Government Code. In case of inconsistency between that section and this article, the provisions of this article shall control.
Notwithstanding Section 13321 of the Government Code, the Department of Transportation, in administering the budget of the State Highway Account, shall be responsible for determining the expenditures or incurrence of obligations by quarter or other period of the fiscal year.

Section § 166.5

Explanation

This law requires the California Department of Transportation to create effective budgeting, accounting, and management systems. These systems must track staffing and spending, as well as revenue and expenses, aligning with general government code standards. The aim is to provide clear and valuable information to the Legislature for better oversight of the department's activities and finances.

The systems must consider the unique aspects of the department's programs and be developed with the input of various government committees and the Department of Finance for thorough oversight and collaboration.

In order to support its proposed budgets and to improve its program management, the Department of Transportation shall develop budgeting, accounting, fiscal control, and management information systems to provide at least the following information:
(a)CA Streets And Highways Code § 166.5(a) Documentation and control of positions and personnel services expenditures.
(b)CA Streets And Highways Code § 166.5(b) Accounting and reporting of revenues and expenditures on a basis generally consistent with provisions of the Government Code.
These systems shall be developed to better inform the Legislature so that responsible legislative oversight of the program and budget of the Department of Transportation would be possible. These systems shall recognize the special characteristics of the department’s program.
Development of these systems shall be closely coordinated with the Department of Finance, the Joint Legislative Budget Committee, the Committees on Transportation of the Senate and Assembly, the Subcommittee on General Government and Transportation of the Senate Committee on Finance, and the Subcommittee on Resources and Transportation of the Assembly Committee on Ways and Means.

Section § 167

Explanation

This law outlines how funds in the State Highway Account should be used to make the most out of available federal funds, focusing first on maintaining and improving state highways, enhancing safety without adding lanes, expanding capacity, and supporting environmental projects. The budget is structured by program elements like administration, maintenance, and improvements, and must align with the state transportation improvement program. The proposal must be submitted to the legislature by May 1.

Specific projects aren't designated in the budget or legislative acts, and the commission defines what constitutes major and minor projects. The Legislative Analyst evaluates each program's expenditures. The Department of Transportation needs to provide detailed yearly reports on their planned projects, projected costs, staffing needs, and workload. These reports help inform budgeting decisions and ensure transparency in how highway funds will be spent.

(a)CA Streets And Highways Code § 167(a) Funds in the State Highway Account in the State Transportation Fund shall be programmed, budgeted subject to Section 163, and expended to maximize the use of federal funds and shall be based on the following sequence of priorities:
(1)CA Streets And Highways Code § 167(a)(1) Operation, maintenance, and rehabilitation of the state highway system.
(2)CA Streets And Highways Code § 167(a)(2) Safety improvements where physical changes, other than adding additional lanes, would reduce fatalities and the number and severity of injuries.
(3)CA Streets And Highways Code § 167(a)(3) Transportation capital improvements that expand capacity or reduce congestion, or do both.
(4)CA Streets And Highways Code § 167(a)(4) Environmental enhancement and mitigation programs.
(b)CA Streets And Highways Code § 167(b) With respect to the funds in the State Highway Account, in the Public Transportation Account, and in the Passenger Rail Bond Fund, the proposed budget shall be organized on a program basis. The proposed budget shall list the proposed expenditures for the transportation program under the following program elements:
(1)CA Streets And Highways Code § 167(b)(1) Administration.
(2)CA Streets And Highways Code § 167(b)(2) Program development.
(3)CA Streets And Highways Code § 167(b)(3) Maintenance.
(4)CA Streets And Highways Code § 167(b)(4) State highway operation and protection.
(5)CA Streets And Highways Code § 167(b)(5) Local assistance.
(6)CA Streets And Highways Code § 167(b)(6) Interregional improvements.
(7)CA Streets And Highways Code § 167(b)(7) Regional improvements.
(8)CA Streets And Highways Code § 167(b)(8) Environmental enhancement and mitigation programs.
(c)CA Streets And Highways Code § 167(c) State operations expenditure amounts of the department for interregional and regional transportation improvement projects shall be listed as required by subdivision (b) of Section 14529 of the Government Code, but those amounts other than those for the acquisition of rights-of-way, construction, and construction support shall not be subject to allocation by the commission.
(d)CA Streets And Highways Code § 167(d) To align the annual budget with the adopted state transportation improvement program, the department may submit to the Department of Finance revised capital outlay support and capital outlay budget estimates as part of its May Revision process. Budget proposals related to these changes shall be provided to the Legislature no later than May 1.
(e)CA Streets And Highways Code § 167(e) The budget shall not include specific appropriations for specific transportation improvement projects, and the Legislature shall not enact legislation containing specific individual transportation projects.
(f)CA Streets And Highways Code § 167(f) The basis for defining major and minor capital outlay projects shall be established by the commission.
(g)CA Streets And Highways Code § 167(g) The Legislative Analyst shall prepare an analysis of the proposed expenditures for each program element as a part of the budget analysis.
(h)CA Streets And Highways Code § 167(h) The department shall submit to the Legislative Analyst, and the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, on an annual basis, supplemental information to substantiate the department’s proposed capital outlay support budget. The information shall be provided no later than May 1 of each year, and may be provided at an earlier date. The information shall include, but not be limited to, the following:
(1)CA Streets And Highways Code § 167(h)(1) A list of projects for which the department will perform capital outlay support work in the budget year. For each project, the department shall include:
(A)CA Streets And Highways Code § 167(h)(1)(A) The planned project support budget for support of environmental, design, right-of-way, and construction phases.
(B)CA Streets And Highways Code § 167(h)(1)(B) The planned capital costs, including construction capital costs and right-of-way capital costs.
(C)CA Streets And Highways Code § 167(h)(1)(C) The estimated or actual construction start date and completion date.
(D)CA Streets And Highways Code § 167(h)(1)(D) The name and year of the state transportation program in which the project is programmed, if applicable.
(E)CA Streets And Highways Code § 167(h)(1)(E) Total prior fiscal year expenditures for capital outlay support.
(F)CA Streets And Highways Code § 167(h)(1)(F) The number of full-time equivalent positions requested to perform support of environmental, design, right-of-way, and construction work in the fiscal year of the budget request.
(G)CA Streets And Highways Code § 167(h)(1)(G) Milestones of project work by phases that are planned to be completed in the fiscal year of the budget request.
(H)CA Streets And Highways Code § 167(h)(1)(H) The ratio of support to capital costs based on current programming.
(2)CA Streets And Highways Code § 167(h)(2) The capital-to-support ratio for all projects completed in the prior fiscal year in each program in each district.
(3)CA Streets And Highways Code § 167(h)(3) The current total number of authorized and vacant positions in the capital outlay support program in headquarters and in each district.
(4)CA Streets And Highways Code § 167(h)(4) A five-year projection of the department’s staffing needs to support the state’s transportation capital programs and any workload performed by the department related to federal or local funding for highway capital projects.
(5)CA Streets And Highways Code § 167(h)(5) The average cost of a personnel-year equivalent in each district based on the department’s existing contracts for capital outlay support work performed by a private company under contract with the department. For each average cost, the department shall provide a description of what factors are included in that cost.
(6)CA Streets And Highways Code § 167(h)(6) The average cost of a state staff personnel-year in the capital outlay support program in each district and in headquarters. The cost shall include the salary and wages, benefits, program overhead, administrative overhead, and other associated costs. The department shall provide a description of each component of the average cost.
(7)CA Streets And Highways Code § 167(h)(7) A summary of expected capital outlay support workload for the budget year that includes the following:
(A)CA Streets And Highways Code § 167(h)(7)(A) The total full-time equivalents requested for each type of the following activities: environmental, design, right-of-way, and construction.
(B)CA Streets And Highways Code § 167(h)(7)(B) The total full-time equivalents requested for each type of project, including, but not limited to, the state transportation improvement program, the state highway operation and protection program, bond programs, regional and local agency partnership workload, and any other program.
(8)CA Streets And Highways Code § 167(h)(8) The total number of projects with requested resources, as well as the number of projects in which the department is limited to an oversight role.
(9)CA Streets And Highways Code § 167(h)(9) The number of milestones scheduled, including environmental, design, right-of-way, and construction deliverables, as well as the number of projects expected to begin construction and reach completion.
(10)CA Streets And Highways Code § 167(h)(10) A summary for the most recently completed fiscal year for the following:
(A)CA Streets And Highways Code § 167(h)(10)(A) Full-time equivalents and related funding expended, including support of environmental, design, right-of-way, and construction activities.
(B)CA Streets And Highways Code § 167(h)(10)(B) Approved and filled positions as of the end of the fiscal year.

Section § 169

Explanation

In this law, it's stated that when a contract is awarded or a day-labor project begins, it's considered the moment when the entire obligation of that contract or project is incurred, unless stated differently in another specific section (Section 170).

For the purposes of this code, except as provided in Section 170, the date of the award of a contract and of the commencement of a day-labor project shall be deemed the time when the entire obligation thereunder is incurred.

Section § 170

Explanation

This law section deals with how the department can handle payments for long-term construction projects. If a project is expected to take more than one fiscal year to complete, the department can specify in the contract how much money will be paid to the contractor during the first and second years. The contract needs to ensure the project is finished and fully paid for. Additionally, for budgeting purposes, the department can propose, and the commission can allocate, the necessary funds for what's expected to be paid in a fiscal year, including any engineering or additional charges.

Where it is estimated by the department that the work involved in a project to be constructed under the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code) will not be completed within a given fiscal year, the department, in the contract specifications, may provide a limitation upon the amounts that will be paid to the contractor during the first or second fiscal years of the construction period. Subject to this limitation, the contracts shall provide for the completion of the work and full payment therefor.
For the purposes of complying with Section 169, the department may include in any proposed budget, and the commission may allocate, at least the amounts with reference to those construction projects as would be payable during the fiscal year, together with all necessary engineering and other charges.

Section § 170.5

Explanation

This law says that if a particular project in California isn't expected to be finished in one fiscal year, the department can finance it using cash. However, this is only allowed if the department has extra bonding authority that hasn't been designated for any other projects.

Notwithstanding Section 13302 of the Government Code, the department may, with respect to any project which will not be completed within a fiscal year, finance the project on a cash basis if the department has sufficient unused bonding authority not earmarked for any other project.

Section § 171

Explanation

Before the start of each fiscal year, the department can ask for bids on construction projects it plans to budget for that year. However, they can't finalize any contracts until enough money is officially designated and the commission approves the funding for the project.

Prior to the commencement of each fiscal year, the department may advertise for bids for capital outlay projects anticipated to be budgeted during the fiscal year. However, the department shall not award any contract for any capital outlay project until (1) sufficient funds have been appropriated for such project and (2) the commission has allocated sufficient funds for the project.