Bill Text: CA AB1414 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Controlled substances: apomorphine: unscheduled.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-15 - Chaptered by Secretary of State - Chapter 76, Statutes of 2010. [AB1414 Detail]

Download: California-2009-AB1414-Amended.html
BILL NUMBER: AB 1414	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

    An act to amend Section 2231 of the Streets and Highways
Code, relating to transportation.   An act to amend
Sections 14524, 14525, 14526, 14527, 14529, 14530.1, and 65082 of,
and to add Sections 14529.5 and 14529.13 to, the Government Code, and
to amend Sections 188 and 188.8 of, and to add Section 182.10 to,
the S   treets and Highways Code, relating to
transportation. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1414, as amended, Hill. Transportation planning. 
   Existing law provides for apportionment of federal funding to the
state for allocation to metropolitan planning organizations for the
purpose of transportation planning activities.  
   (1) Existing law generally provides for programming of
transportation capital improvement projects pursuant to the state
transportation improvement program process administered by the
California Transportation Commission. Under that process, the
commission, on a biennial basis, adopts a 5-year fund estimate of
state and federal funds reasonably expected to be available for
programming. Based on the fund estimate, the Department of
Transportation prepares an interregional transportation improvement
program, and regional transportation planning agencies each prepare a
regional transportation improvement program, for the 5-year period.
These programs are submitted to the commission for review, which
subsequently adopts a 5-year state transportation improvement program
that lists the projects in the year that they are expected to be
undertaken. Existing law specifies various fair-share formulas for
allocation of available transportation funds, including the
north-south split, which is applicable to all available funds,
including the 25% of funds available for programming for
interregional projects, and county shares, which provides a share of
funds to each county, but applies only to the 75% of funds available
for programming to regional projects. The commission is required to
adopt the state transportation improvement program consistent with
the county share formula over a 4-year period basis.  
   This bill would instead provide for programming of projects in the
interregional and regional transportation improvement programs, and
in the subsequently adopted state transportation improvement program,
on a 6-year basis. The bill would require the fund estimate and the
county share formula estimates to also be prepared and used for that
same 6-year period. The bill would require projects funded by the
Traffic Congestion Relief Act to be included in the state
transportation improvement program.  
   (2) Existing law restricts the authority of the California
Transportation Commission to reject a regional agency's regional
transportation improvement program by requiring the commission to
reject the entire program on grounds that the program is not
consistent with commission guidelines or is not cost effective,
rather than rejecting individual projects in the program.  
   This bill would preclude the commission from adding or deleting
projects from a regional transportation improvement program without
the concurrence of the regional agency. The bill would provide that
the commission may reject the entire program if it finds that the
program is not consistent with the region's long-range regional
transportation plan and would delete as a grounds for rejection that
the program is not cost effective.  
   This bill would also require the commission to adopt an allocation
capacity estimate, as specified, for the state transportation
improvement program each fiscal year after the enactment of the
Budget Act. The bill would provide for regional agencies and the
department to submit allocation plans for the funds that will be
available during the fiscal year, and would require the commission to
amend the state transportation improvement program accordingly.
 
   (3) Existing law authorizes transportation projects to be funded
through short-term notes, known as GARVEE bonds, backed by
anticipated federal transportation funds that will be received in the
future.  
   This bill would authorize projects in the state transportation
improvement program to be advanced to an earlier fiscal year through
issuance of notes backed by future funds made available to the state
transportation program. The bill would require an annual report from
the commission to the Legislature in that regard. 
   This bill would  also  make  a nonsubstantive
change   nonsubstantive and technical changes  to
these provisions.
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 14524 of the  
Government Code   is amended to read: 
   14524.  (a) Not later than July 15,  2001  
2011  , and July 15 of each odd-numbered year thereafter, the
department shall submit to the commission a  five-year
  six-year  estimate pursuant to Section 164 of the
Streets and Highways Code, in annual increments, of all federal and
state funds reasonably expected to be available during the following
 five   six  fiscal years.
   (b) The estimate shall specify the amount that may be programmed
in each county for regional  transportation  improvement
programs pursuant to paragraph (2) of subdivision (a) of Section 164
of the Streets and Highways Code and shall identify any statutory
restriction on the use of particular funds.
   (c) For the purpose of estimating revenues, the department shall
assume that there will be no changes in existing state and federal
statutes. Federal funds available for demonstration projects that are
not subject to federal obligational authority, or are accompanied
with their own dedicated obligational authority, shall not be
considered funds that would otherwise be available to the state and
shall not be included in the fund estimate.
   (d) The method by which the estimate is determined shall be
determined by the commission, in consultation with the department,
transportation planning agencies, and county transportation
commissions.
   SEC. 2.    Section 14525 of the   Government
Code   is amended to read: 
   14525.  (a) Not later than August 15,  2001  
2011  , and August 15 of each odd-numbered year thereafter, the
commission shall adopt a  five-year   six-year
 estimate pursuant to Section 164 of the Streets and Highways
Code, in annual increments, of all state and federal funds reasonably
expected to be available during the following  five
  six  fiscal years.
   (b) The estimate shall specify the amount that may be programmed
in each county for regional  transportation  improvement
programs under paragraph (2) of subdivision (a) of Section 164 of the
Streets and Highways Code and shall identify any statutory
restriction on the use of particular funds.
   (c) For the purpose of estimating revenues, the commission shall
assume that there will be no change in existing state and federal
statutes. Federal funds available for demonstration projects that are
not subject to federal obligational authority, or are accompanied
with their own dedicated obligational authority, shall not be
considered funds that would otherwise be available to the state and
shall not be included in the fund estimate.
   (d) If the commission finds that legislation pending before the
Legislature or the United States Congress may have a significant
impact on the fund estimate, the commission may postpone the adoption
of the fund estimate for no more than 90 days. Prior to March 1 of
each even-numbered year, the commission may amend the estimate
following consultation with the department, transportation planning
agencies, and county transportation commissions to account for
unexpected revenues or other unforeseen circumstances. In the event
the fund estimate is amended, the commission shall extend the dates
for the submittal of  transportation  improvement programs
as specified in Sections 14526 and 14527 and for the adoption of the
state transportation improvement program pursuant to Section 14529.
   SEC. 3.    Section 14526 of the   Government
Code   is amended to read: 
   14526.  (a) Not later than December 15,  2001 
 2011  , and December 15 of each odd-numbered year
thereafter, and after consulting with the transportation planning
agencies, county transportation commissions, and transportation
authorities, the department shall submit to the commission its
 five-year   six-year  interregional
transportation improvement program consisting of all of the
following:
   (1) Projects to improve state highways, pursuant to subdivision
(b) of Section 164 of the Streets and Highways Code.
   (2) Projects to improve the intercity passenger rail system.
   (3) Projects to improve interregional movement of people,
vehicles, and goods.
   (b) Projects may not be included in the interregional
transportation improvement program without a  complete 
project study report  or project study report equivalent, 
or  a  major investment study.
   (c) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and shall be consistent with, and provide the information
required in, subdivision (b) of Section 14529.
   (d) Projects included in the interregional transportation
improvement program shall be consistent with the adopted regional
transportation plan.
   SEC. 4.    Section 14527 of the   Government
Code   is amended to read: 
   14527.  (a) After consulting with the department, the regional
transportation planning agencies and county transportation
commissions shall adopt and submit to the commission and the
department, not later than December 15,  2001  
2011  , and December 15 of each odd-numbered year thereafter, a
 five-year   six-year  regional
transportation improvement program in conformance with Section 65082.
In counties where a county transportation commission has been
created pursuant to Chapter 2 (commencing with Section 130050) of
Division 12 of the Public Utilities Code, that commission shall adopt
and submit the county transportation improvement program, in
conformance with Sections 130303 and 130304 of that code, to the
 multicounty-designated   multicounty designated
 transportation planning agency. Other information, including a
program for expenditure of local or federal funds, may be submitted
for information purposes with the program, but only at the discretion
of the transportation planning agencies or the county transportation
commissions. As used in this section, "county transportation
commission" includes a transportation authority created pursuant to
Chapter 2 (commencing with Section 130050) of Division 12 of the
Public Utilities Code.
   (b) The regional transportation improvement program shall include
all projects to be funded with the county share under paragraph (2)
of subdivision (a) of Section 164 of the Streets and Highways Code.
The regional programs shall be limited to projects to be funded in
whole or in part with the county share that shall include all
projects to receive allocations by the commission during the
following  five   six  fiscal years. For
each project, the total expenditure for each project component and
the total amount of commission allocation and the year of allocation
shall be stated. The total cost of projects to be funded with the
county share shall not exceed the amount specified in the fund
estimate made by the commission pursuant to Section 14525.
   (c) The regional transportation planning agencies and county
transportation commissions may recommend projects to improve state
highways with the interregional share pursuant to subdivision (b) of
Section 164 of the Streets and Highways Code. The recommendations
shall be separate and distinct from the regional transportation
improvement program. A project recommended for funding pursuant to
this subdivision shall constitute a usable segment and shall not be a
condition for inclusion of other projects in the regional
transportation improvement program.
   (d) The department may nominate or recommend the inclusion of
projects in the regional transportation improvement program to
improve state highways with the county share pursuant to paragraph
(2) of subdivision (a) and subdivision (e) of Section 164 of the
Streets and Highways Code. A regional transportation planning agency
and a county transportation commission shall have sole authority for
determining whether any of the project nominations or recommendations
are accepted and included in the regional transportation improvement
program adopted and submitted pursuant to this section. This
authority provided to a regional transportation planning agency or to
a county transportation commission extends only to a project located
within its jurisdiction.
   (e) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year  of expenditure  , and shall be consistent with, and
provide the information required in, subdivision (b) of Section
14529.
   (f) The regional transportation improvement program may not change
the project delivery milestone date of any project as shown in the
prior adopted state transportation improvement program without the
consent of the department or other agency responsible for the project'
s delivery.
   (g) Projects may not be included in the regional transportation
improvement program without a complete project study report or
 , for a project that is not on a state highway, a project
study report equivalent   a project study report
equivalent,  or  a  major investment study.
   (h) Each transportation planning agency and county transportation
commission may request and receive an amount not to exceed 5 percent
of its county share for the purposes of project planning,
programming, and monitoring.
   SEC. 5.    Section 14529 of the   Government
Code   is amended to read: 
   14529.  (a) The state transportation improvement program shall
include a listing of all capital improvement projects that are
expected to receive an allocation of state transportation funds
 under Section 164 of the Streets and Highways Code,
including revenues from transportation bond acts,  
pursuant to subdivision (e)  from the commission during the
following  five   six  fiscal years.
 It shall include, and be limited to, the projects to be
funded with the following:  
   (1) Interregional improvement funds.  
   (2) Regional improvement funds. 
   (b) For each project, the program shall specify the allocation or
expenditure amount and the allocation or expenditure year for each of
the following project components:
   (1) Completion of all permits and environmental studies.
   (2) Preparation of plans, specifications, and estimates.
   (3) The acquisition of rights-of-way, including, but not limited
to, support activities.
   (4) Construction and construction management and engineering,
including surveys and inspection.
   (c) Funding for right-of-way acquisition and construction for a
project may be included in the program only if the commission makes a
finding that the sponsoring agency will complete the environmental
process and can proceed with right-of-way acquisition or construction
within the  five-year   six-year  period.
No allocation for right-of-way acquisition or construction shall be
made until the completion of the environmental studies and the
selection of a preferred alternative.
   (d) The commission shall adopt and submit to the Legislature and
the Governor, not later than April 1 of each even-numbered year
thereafter, a state transportation improvement program. The program
shall cover a period of  five   six  years,
beginning July 1 of the year it is adopted, and shall be a statement
of intent by the commission for the allocation or expenditure of
funds during those  five   six  years. The
program shall include projects  which   that
 are expected to receive funds prior to July 1 of the year of
adoption, but for which the commission has not yet allocated funds.
   (e) The projects included in the adopted state transportation
improvement program shall be limited to  those  
the following: 
    (1)     Those  projects  receiving
funds pursuant to Section 164 of the Streets and Highways Code that
are  submitted or recommended pursuant to Sections 14526 and
14527. The total amount programmed in each fiscal year for each
program category shall not exceed the amount specified in the fund
estimate adopted under Section 14525. 
   (2) Those projects programmed by the commission pursuant to
Section 8879.23 or any other state transportation bond act. 

   (3) Those projects receiving state funding pursuant to Section
14556.40. 
   (f) The state transportation improvement program is a resource
management document to assist the state and local entities to plan
and implement transportation improvements and to utilize available
resources in a cost-effective manner. It is a document for each
county and each region to declare their intent to use available state
and federal funds in a timely and cost-effective manner.
   (g) Prior to the adoption of the state transportation improvement
program, the commission shall hold not less than one hearing in
northern California and one hearing in southern California to
reconcile any objections by any county or regional agency to the
department's  interregional transportation improvement 
program or the department's objections to any regional 
transportation improvement  program.
   (h) The commission shall incorporate projects that are included in
the regional transportation improvement program and are to be funded
with regional  transportation  improvement  program
 funds, unless the commission finds that the regional
transportation improvement program is not consistent with the
guidelines adopted by the commission or is not  a
cost-effective expenditure of state funds   consistent
with the region's long-range regional transportation plan  , in
which case the commission may reject the regional transportation
improvement program in its entirety. The finding shall be based on an
objective analysis, including, but not limited to, travel forecast,
cost, and air quality. The commission shall hold a public hearing in
the affected county or region prior to rejecting the program, or not
later than 60 days after rejecting the program. When a regional
transportation improvement program is rejected, the regional entity
may submit a new regional transportation improvement program for
inclusion in the state transportation improvement program. The
commission shall not reject a regional transportation improvement
program unless, not later than 60 days after the date it received the
program, it provided notice to the affected agency that specified
the factual basis for its proposed action.  The commission may
not add projects to, or delete projects from, a regional
transportation improvement program without the concurrence of the
affected regional transportation planning agency or the county
transportation commission responsible for preparing and submitting
the regional transportation improvement program. 
   (i) A project may be funded with more than one of the program
categories listed in Section 164 of the Streets and Highways Code.
   (j) Notwithstanding any other provision of law, no local or
regional matching funds shall be required for projects that are
included in the state transportation improvement program 
pursuant to paragraph (1) of subdivision (e)  .
   (k) The commission may include a project recommended by a regional
transportation planning agency or county transportation commission
pursuant to subdivision (c) of Section 14527, if the commission makes
a finding, based on an objective analysis, that the recommended
project is more cost-effective than a project submitted by the
department pursuant to Section 14526.
   SEC. 6.    Section 14529.5 is added to the  
Government Code   , to read:  
   14529.5.  (a) Not later than 30 days after the enactment of the
annual Budget Act, the department shall submit to the commission an
estimate of allocation capacity for the state transportation
improvement program for the entire fiscal year.
   (b) Not later than 60 days after the enactment of the annual
Budget Act, the commission shall adopt an allocation capacity
estimate for the entire fiscal year. Seventy-five percent of the
allocation capacity shall be made available for regional
transportation improvement program funds and 25 percent shall be made
available for interregional transportation improvement program
funds.
   (1) The estimate shall specify the amount available for allocation
in each region for regional transportation improvements under
paragraph (2) of subdivision (a) of Section 164 of the Streets and
Highways Code, and shall identify any statutory restrictions on the
use of particular funds.
   (2) Priority for available allocation capacity shall be given to
the following projects in the following order:
   (A) Projects with programming commitments under Section 14529.7.
   (B) Projects where funding was deferred from prior years.
   (C) Projects with previously approved allocation extensions.
   (D) Projects programmed in the current year of the state
transportation improvement program.
   (c) Any additional allocation capacity beyond the commitments
under paragraph (2) of subdivision (b) shall be made available to the
regions based on the formula distribution to the regions for the
regional transportation improvement program programming shares.
   (d) Any shortfall in allocation capacity that results in the
inability to fund the commitments under paragraph (2) of subdivision
(b) shall be distributed among the regions based on the formula
distribution to the regions for the regional transportation
improvement program programming shares.
   (e) Not later than 90 days after the enactment of the annual
Budget Act, after consulting with the department, the regional
transportation planning agencies and the county transportation
commissions shall submit to the commission and the department their
annual allocation plan for the regional transportation improvement
program for that fiscal year, including any previous allocations in
that year. The regional allocation plans may advance programmed
projects from later years, and defer programmed projects in the
current year, without penalty.
   (f) Not later than 120 days after the enactment of the annual
Budget Act, the commission shall adopt a statewide allocation plan.
The commission shall adopt a region's allocation plan in its
entirety, unless the region's allocation plan exceeds the target
allocation capacity for that region pursuant to the estimate adopted
pursuant to subdivision (b), in which case the commission may reduce
a region's allocation plan by the amount that is oversubscribed. The
commission may not make any changes to a region's allocation plan
that is within its allocation capacity amount without the concurrence
of the regional agency.
   (g) Thereafter, the commission shall process any state
transportation improvement program amendments necessary to implement
the allocation plan. 
   SEC. 7.    Section 14529.13 is added to the 
 Government Code   , to read:  
   14529.13.  (a) For purposes of this section, "transportation
agency" means any of the following:
   (1) A transportation planning agency designated pursuant to
Section 29532 or 29532.1.
   (2) A county transportation commission created pursuant to Chapter
2 (commencing with Section 130050) of Division 12 of the Public
Utilities Code.
   (3) An agency designated pursuant to Section 66531 to submit the
county transportation plan, with the consent of a transportation
planning agency or a county transportation commission for the
jurisdiction in which the transportation project will be developed.
   (4) Any other local or regional transportation agency that is
designated by statute as a regional transportation agency or a joint
exercise of powers authority as defined in Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1.
   (b) The department or a transportation agency may request the
commission to advance a project included in the state transportation
improvement program to an earlier fiscal year from the proceeds of
notes issued pursuant to this section. If a project is advanced
pursuant to this section, the state transportation improvement
program shall be revised at the time of adoption or by amendment to
show the project in the earlier fiscal year.
   (c) (1) The commission may from time to time select and designate
eligible projects to be funded from the proceeds of notes, if
financing of the project from the proceeds of notes has been approved
by the transportation agency and the project has completed
environmental clearance and project design.
   (2) On or before April 1 of each year, the commission, in
conjunction with the Treasurer, shall prepare an annual analysis of
the bonding capacity of the state transportation improvement program.

   (d) The commission, in cooperation with the department and
transportation agencies, shall establish guidelines for eligibility
for funding allocations under this section. The guidelines shall
establish a limit on the total number of state transportation
improvement program funds that may be pledged, as well as a maximum
amount that a transportation agency may pledge from its county share.
The guidelines shall be nondiscriminatory and shall be designed to
allow as many counties as possible to establish eligibility for
funding allocations under this section, regardless of the population
or geographic location of the county.
   (e) Funds allocated to a project under this section, including
cost overruns and financing costs, shall be counted against the
interregional improvement program share in the case of a project in
the interregional transportation improvement program and the county
share for the county in which the project is located in the case of a
project in a regional transportation improvement program.
   (f) In order to provide security for repayment of the notes, the
commission shall adopt a resolution dedicating and pledging any
future funds in the state transportation improvement program to the
payment of principal of, and interest and premium on, the notes, for
as long as any notes remain outstanding. That action shall constitute
a pledge or receipt of those moneys as collateral within the meaning
of subdivision (d) of Section 5450. The pledge shall be governed by
Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1.
The commission shall be deemed a "public body" for purposes of
Section 5451, as defined in subdivision (e) of Section 5450.
   (g) (1) Upon taking the actions authorized by this section, the
commission may request the Treasurer to issue notes to provide funds
for the eligible projects.
   (2) On or before April 1 of each year, the commission shall
prepare and submit an annual report to the Governor and the
Legislature. Each report shall compile and detail the total amount of
outstanding debt issued pursuant to this section and the projects
funded by that debt in the preceding calendar year. 
   SEC. 8.    Section 14530.1 of the  
Government Code   is amended to read: 
   14530.1.  (a) The department, in cooperation with the commission,
transportation planning agencies, and county transportation
commissions and local governments, shall develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects into the state transportation improvement
program.
   (b) The guidelines shall include, but not be limited to, all of
the following:
   (1) Standards for project deliverability.
   (2) Standards for identifying projects and project components.
   (3) Standards for cost estimating.
   (4) Programming methods for increases and schedule changes.
   (5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects. 
   (c) The guidelines shall be submitted to the commission by
February 1, 1999. After conducting at least one hearing in northern
California and one in southern California, the commission shall adopt
the guidelines by May 1, 1999.  
   (6) The criteria to be used by the commission to determine whether
to accept or reject a regional transportation improvement program
pursuant to subdivision (h) of Section 14529.  
   (d) 
    (c)  The guidelines shall be the complete and full
statement of the policy, standards, and criteria that the commission
intends to use in selecting projects to be included in the state
transportation improvement program. 
   (e) 
    (d)  The commission may amend the adopted guidelines
after conducting at least one public hearing. The commission shall
make a reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
   SEC. 9.    Section 65082 of the   Government
Code   is   amended to read: 
   65082.  (a) (1) A  five-year   six-year 
regional transportation improvement program shall be prepared,
adopted, and submitted to the California Transportation Commission on
or before December 15 of each odd-numbered year thereafter, updated
every two years, pursuant to Sections 65080 and 65080.5 and the
guidelines adopted pursuant to Section 14530.1, to include regional
transportation improvement projects and programs proposed to be
funded, in whole or in part, in the state transportation improvement
program.
   (2) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year  of expenditure  , and be listed by relative priority,
taking into                                                 account
need, delivery milestone dates, and the availability of funding.
   (b) Except for those counties that do not prepare a congestion
management program pursuant to Section 65088.3, congestion management
programs adopted pursuant to Section 65089 shall be incorporated
into the regional transportation improvement program submitted to the
commission by December 15 of each odd-numbered year.
   (c) Local projects not included in a congestion management program
shall not be included in the regional transportation improvement
program. Projects and programs adopted pursuant to subdivision (a)
shall be consistent with the capital improvement program adopted
pursuant to paragraph (5) of subdivision (b) of Section 65089, and
the guidelines adopted pursuant to Section 14530.1.
   (d) Other projects may be included in the regional transportation
improvement program if listed separately.
   (e) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional transportation improvement program
for that county, the department shall, in consultation with the
affected local agencies, prepare the program for all counties for
which it prepares a regional transportation plan.
   (f) The requirements for incorporating a congestion management
program into a regional transportation improvement program specified
in this section do not apply in those counties that do not prepare a
congestion management program in accordance with Section 65088.3.
   (g) The regional transportation improvement program may include a
reserve of county shares for providing funds in order to match
federal funds.
   SEC. 10.    Section 182.10 is added to the  
Streets and Highways Code   , to read:  
   182.10.  (a) Notwithstanding Sections 182 and 182.5, Sections 188,
188.8, and 825 shall not apply to the expenditure of an amount of
federal funds equal to the amount of federal funds apportioned to the
state pursuant to that portion of subsection (b)(3) of Section 104,
subsection (c) of Section 157, and subsection (d) of Section 160, of
Title 23 of the United States Code, that is allocated within the
state subject to subsection (d)(2) of Section 133 of Title 23 of the
United States Code. These funds shall be known as the regional
transportation enhancement funds. The department, the transportation
planning agencies, the county transportation commissions, and the
metropolitan planning organizations may do all things necessary in
their jurisdictions to secure and expend those federal funds in
accordance with the intent of federal law.
   (b) The regional transportation enhancement funds shall be
apportioned by the department to metropolitan planning organizations
designated pursuant to Section 134 of Title 23 of the United States
Code, and, in areas where none has been designated, to the
transportation planning agency designated pursuant to Section 29532
or 29532.1 of the Government Code. The funds shall be apportioned in
the manner and in accordance with the formula set forth in subsection
(d) of Section 160 of Title 23 of the United States Code, except
that the apportionment shall be among all areas of the state. Funds
apportioned under this subdivision shall remain available for three
federal fiscal years, including the federal fiscal year in which the
apportionment occurred. 
   SEC. 11.    Section 188 of the   Streets and
Highways Code   is amended to read: 
   188.  (a) All federal and state funds to be allocated by the
commission, or expended by the department, for transportation
improvements under Section 164, except for purposes of subdivisions
(b) and (c) of that section, shall be programmed  during the
period commencing on July 1, 1997, and ending on June 30, 2004, and
for each four-year period thereafter,  40 percent in County
Group No. 1 and 60 percent in County Group No. 2.
   (b) This section shall be known and may be cited as the
Barnes-Mills-Walsh formula.
   SEC. 12.    Section 188.8 of the   Streets
and Highways Code   is amended to read: 
   188.8.  (a) From the funds programmed pursuant to Section 188 for
regional improvement projects, the commission shall approve programs
and program amendments, so that funding is distributed to each county
of County Group No. 1 and in each county of County Group No. 2
 during the county share periods commencing July 1, 1997, and
ending June 30, 2004, and each period of four years thereafter. The
amount shall be computed  as follows:
   (1) The commission shall compute  , for the county share
periods  all of the money to be expended for regional 
transportation  improvement projects in County Groups Nos. 1 and
2, respectively,  based on the fund estimate adopted under
Section 14524 of the Government Code and  as provided in Section
188.
   (2) From the amount computed for County Group No. 1 in paragraph
(1) for the  county share periods   programming
period  the commission shall determine the amount of programming
for each county in the group based on a formula that is based 75
percent on the population of the county to the total population of
County Group No. 1 and 25 percent on state highway miles in the
county to the total state highway miles in County Group No. 1.
   (3) From the amount computed for County Group No. 2 in paragraph
(1) for the  county share periods   programming
period  the commission shall determine the amount of programming
for each county in the group based on a formula that is based 75
percent on the population of the county to the total population of
County Group No. 2 and 25 percent on state highway miles in the
county to the total state highway miles in County Group No. 2.
   (b) Notwithstanding subdivision (a), that portion of the county
population and state highway mileage in El Dorado and Placer Counties
that is included within the jurisdiction of the Tahoe Regional
Planning Agency shall be counted separately toward the area under the
jurisdiction of the Tahoe Regional Transportation Agency and may not
be included in El Dorado and Placer Counties. The commission shall
approve programs, program amendments, and fund reservations for the
area under the jurisdiction of the Tahoe Regional Transportation
Agency that shall be calculated using the formula described in
paragraph (2) of subdivision (a).
   (c) A transportation planning agency designated pursuant to
Section 29532  or 29532.1  of the Government Code, or a
county transportation commission created by Division 12 (commencing
with Section 130000) of the Public Utilities Code, may adopt a
resolution to pool its county share programming with any county or
counties adopting similar resolutions to consolidate its county
shares for two consecutive  county share  
programming  periods into a single share covering both periods.
A multicounty transportation planning agency with a population of
less than three million may also adopt a resolution to pool the share
of any county or counties within its region. The resolution shall
provide for pooling the county share programming in any of the
pooling counties for the new single share  period 
and shall be submitted to the commission not later than May 1
immediately preceding the commencement of the  county share
  programming  period.
   (d) For the purposes of this section, funds programmed shall
include the following costs pursuant to subdivision (b) of Section
14529 of the Government Code:
   (1) The amounts programmed or budgeted for both components of
project development in the original programmed year.
   (2) The amount programmed for right-of-way in the year programmed
in the most recent state transportation improvement program. If the
final estimate is greater than 120 percent or less than 80 percent of
the amount originally programmed, the amount shall be adjusted for
final expenditure estimates at the time of right-of-way
certification.
   (3) The engineer's final estimate of project costs, including
construction engineering, presented to the commission for approval
pursuant to Section 14533 of the Government Code in the year
programmed in the most recent state transportation improvement
program. If the construction contract award amount is less than 80
percent of the engineer's final estimate, excluding construction
engineering, the department shall notify the commission and the
commission may adjust its project allocation accordingly.
   (4) Project costs shown in the program, as amended, where project
allocations have not yet been approved by the commission, escalated
to the date of scheduled project delivery.
   (e) Project costs may not be changed to reflect any of the
following:
   (1) Differences that are within 20 percent of the amount
programmed for actual project development cost.
   (2) Actual right-of-way purchase costs.
   (3) Construction contract award amounts, except when those amounts
are less than 80 percent of the engineer's final estimate, excluding
construction engineering, and the commission has adjusted the
project construction allocation.
   (4) Changes in construction expenditures, except for supplemental
project allocations made by the commission.
   (f) For the purposes of this section, the population in each
county is that determined by the last preceding federal census, or a
subsequent census validated by the Population Research Unit of the
Department of Finance, at the beginning of each county share period.
   (g) For the purposes of this section, "state highway miles" means
the miles of state highways open to vehicular traffic at the
beginning of each  county share   programming
 period.
   (h) It is the intent of the Legislature that there is to be
flexibility in programming under this section and Section 188 so
that, while ensuring that each county will receive an equitable share
of state transportation improvement program funding, the types of
projects selected and the programs from which they are funded may
vary from county to county.
   (i)  Commencing with the four-year period commencing on
July 1, 2004, individual   Individual  county share
shortfalls and surpluses at the end of each  four-year
  programming  period, if any, shall be carried
forward and credited or debited to the following  four years
  programming period  .
   (j) The commission, with the consent of the department, may
consider programming projects in the state transportation improvement
program in a county with a population of not more than 1,000,000 at
a level higher or lower than the county share, when the regional
agency either asks to reserve part or all of the county's share until
a future programming year, to build up a larger share for a higher
cost project, or asks to advance an amount of the share, in an amount
not to exceed 200 percent of the county's current share, for a
larger project, to be deducted from shares for future programming
years. After consulting with the department, the commission may
adjust the level of programming in the regional program in the
affected region against the level of interregional programming in the
improvement program to accomplish the reservation or advancement,
for the current state transportation improvement program. The
commission shall keep track of any resulting shortfalls or surpluses
in county shares.
   (k) Notwithstanding subdivision (a), in a region defined by
Section 66502 of the Government Code, the transportation planning
agency may adopt a resolution to pool the county share of any county
or counties within the region, if each county receives  no
  not  less than 85 percent and not more than 115
percent of its county share for a single county share 
programming  period and 100 percent of its county share over two
consecutive county share  programming  periods. The
resolution shall be submitted to the commission not later than May 1,
immediately preceding the commencement of the county share 
programming  period  with the submittal of the regional
transportation improvement program  .
   (l) Federal funds used for federal demonstration projects that use
federal obligational authority otherwise available for other
projects shall be subtracted from the county share of the county
where the project is located. 
  SECTION 1.    Section 2231 of the Streets and
Highways Code is amended to read:
   2231.  The federal government has authorized appropriations for
expenditure within urbanized areas for comprehensive transportation
planning purposes. The purpose of this chapter is to implement this
program in this state. The commission, the department, appropriate
regional and local planning agencies, boards of supervisors, and city
councils are authorized to do all things necessary in their
respective jurisdictions to secure these federal funds in accordance
with the intent of federal law and this chapter. 
                                                          
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