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SB 127 · 2019-20

Requires bike and pedestrian upgrades in highway projects

Official subject Transportation funding: active transportation: complete streets.

Vetoed Vetoed Oct. 12, 2019

Plain-language summary

Starting with the 2022 State Highway Operation and Protection Program, certain state highway projects must include new or improved pedestrian and bicycle facilities. The highway asset management plan must prioritize safe facilities for people walking, biking and using transit. Safety spending must prioritize reducing deaths and severe injuries, including among pedestrians and bicyclists.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Enrolled, Sept. 13, 2019).

Read the official summary (7 paragraphs)

(1)Existing law provides that the Department of Transportation has full possession and control over the highways of the state and is responsible for preparing the State Highway Operation and Protection Program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system.

Existing law also creates the California Transportation Commission, with specified powers and duties relative to the programming of transportation capital improvement projects and the allocation of state transportation funds for state transportation improvement projects. Existing law requires the department, in consultation with the commission, to prepare an asset management plan to guide selection of projects for the State Highway Operation and Protection Program consistent with any applicable state and federal requirements. Existing law requires the commission, in connection with the asset management plan, to adopt targets and performance measures reflecting state transportation goals and objectives.

This bill would require the asset management plan to prioritize the implementation of safe and connected facilities for pedestrians, bicyclists, and transit users on all State Highway Operation and Protection Program projects, as specified. The bill would require the department to include complete streets elements in the asset management plan, as specified.

The bill would require the commission, in connection with the asset management plan, to adopt performance measures that include conditions of bicycle and pedestrian facilities, accessibility and safety for pedestrians, bicyclists, and transit users on the state highway system. The bill would require that the plain language performance report developed by the department, in consultation with the commission, include a description of pedestrian and bicycle facilities on each project, including the number, extent, and type of elements.

The bill would require the department, commencing with the 2022 State Highway Operation and Protection Program, when undertaking a specified capital improvement project on a state highway or on a local street crossing a state highway that is funded through the State Highway Operation and Protection Program, to include new pedestrian and bicycle facilities, or improve existing facilities, as part of the project, consistent with specified requirements. For each project development team that the department establishes for a project, the bill would require the department to include specified representatives on the team.

(2)Existing law requires funds in the State Highway Account to be programmed, budgeted, and expended to maximize the use of federal funds and to be based on a specified sequence of priorities, including, among others, safety improvements where physical changes, other than adding additional lanes, would reduce fatalities and the number and severity of injuries.

This bill would require those safety improvements to prioritize reducing fatalities and severe injuries, including fatalities and injuries of pedestrians, bicyclists, and transit users on the state highway system.

Official title

An act to amend Sections 14526.4 and 14526.6 of, and to add Section 14526.8 to, the Government Code, and to amend Section 167 of the Streets and Highways Code, relating to transportation.

Veto message · Oct. 12, 2019

The Governor's message, verbatim.

To the Members of the California State Senate:

I am returning Senate Bill 127 without my signature.

This bill creates a process to require the Department of Transportation (Caltrans) to add complete streets elements to certain projects on state highways.

I fully support improving facilities to increase walking, biking and accessing public transit. However, this bill creates a prescriptive and costly approach to achieve these objectives.

By implementing my Executive Order N-19-19, Caltrans is increasing and accelerating its investments in active transportation where appropriate and feasible. I am committed to holding the department accountable to deliver more alternatives to driving while continuing to maintain our state's highways and bridges. The new leadership we are putting in place at Caltrans will be key in implementing this vision and approach.

Sincerely,

Gavin Newsom

Timeline

  1. Jan. 10, 2019 Introduced
  2. May 23, 2019 Passed Senate 29 yes, 9 no
  3. Sept. 10, 2019 Passed Assembly 58 yes, 17 no
  4. Sept. 18, 2019 Enrolled and sent to the Governor
  5. Oct. 12, 2019 Vetoed by the Governor
Full official history (29 actions)
  1. Jan. 10, 2019 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Jan. 11, 2019 From printer. May be acted upon on or after February 10.
  3. Jan. 24, 2019 Referred to Com. on TRANS.
  4. April 10, 2019 Set for hearing April 23.
  5. April 29, 2019 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3. Page 804.) (April 23).
  6. April 30, 2019 Read second time and amended. Re-referred to Com. on APPR.
  7. May 3, 2019 Set for hearing May 13.
  8. May 13, 2019 May 13 hearing: Placed on APPR. suspense file.
  9. May 14, 2019 Set for hearing May 16.
  10. May 17, 2019 From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1089.) (May 16).
  11. May 17, 2019 Read second time and amended. Ordered to second reading.
  12. May 20, 2019 Read second time. Ordered to third reading.
  13. May 23, 2019 Passed Senate: Read third time. Passed. (Ayes 29. Noes 9. Page 1245.) Ordered to the Assembly.
  14. May 24, 2019 In Assembly. Read first time. Held at Desk.
  15. June 6, 2019 Referred to Com. on TRANS.
  16. July 1, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.
  17. July 9, 2019 From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (July 8). Re-referred to Com. on APPR.
  18. Aug. 21, 2019 August 21 set for first hearing. Placed on APPR. suspense file.
  19. Aug. 30, 2019 From committee: Do pass as amended. (Ayes 13. Noes 5.) (August 30).
  20. Sept. 3, 2019 Read second time and amended. Ordered to second reading.
  21. Sept. 4, 2019 Read second time. Ordered to third reading.
  22. Sept. 10, 2019 Passed Assembly: Read third time. Passed. (Ayes 58. Noes 17. Page 3329.) Ordered to the Senate.
  23. Sept. 10, 2019 In Senate. Concurrence in Assembly amendments pending.
  24. Sept. 11, 2019 Assembly amendments concurred in. (Ayes 28. Noes 12. Page 2846.) Ordered to engrossing and enrolling.
  25. Sept. 18, 2019 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 4 p.m.
  26. Oct. 12, 2019 Vetoed by the Governor: Vetoed by the Governor.
  27. Oct. 12, 2019 In Senate. Consideration of Governor's veto pending.
  28. Jan. 13, 2020 Stricken from file.
  29. Jan. 13, 2020 Veto sustained.