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 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 30, 2009 AMENDED IN ASSEMBLY APRIL 2, 2009 INTRODUCED BY Assembly Member Hill FEBRUARY 27, 2009An 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 Streets and Highways Code, relating to transportation.An act to amend Section 11055 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST AB 1414, as amended, Hill.Transportation planning.Controlled Substances. Existing law, the California Uniform Controlled Substances Act, classifies controlled substances into fire designated schedules and includes apomorphine within Schedule II. Under existing law, unlawful possession of apomorphine is a felony. This bill would remove apomorphine from Schedule II, as described above.(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 nonsubstantive and technical changes to these provisions.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11055 of the Health and Safety Code is amended to read: 11055. (a) The controlled substances listed in this section are included in Schedule II. (b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium, opiate, and any salt, compound, derivative, or preparation of opium or opiate, with the exception of naloxone hydrochloride (N-allyl-14-hydroxy-nordihydromorphinone hydrochloride), but including the following: (A) Raw opium. (B) Opium extracts. (C) Opium fluid extracts. (D) Powdered opium. (E) Granulated opium. (F) Tincture of opium.(G) Apomorphine.(H)(G) Codeine.(I)(H) Ethylmorphine.(J)(I) Hydrocodone.(K)(J) Hydromorphone.(L)(K) Metopon.(M)(L) Morphine.(N)(M) Oxycodone.(O)(N) Oxymorphone.(P)(O) Thebaine. (2) Any salt, compound, isomer, or derivative, whether natural or synthetic, of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy). (6) Cocaine, except as specified in Section 11054. (7) Ecgonine, whether natural or synthetic, or any salt, isomer, derivative, or preparation thereof. (c) Opiates. Unless specifically excepted or unless in another schedule, any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanyl. (2) Alphaprodine. (3) Anileridine. (4) Bezitramide. (5) Bulk dextropropoxyphene (nondosage forms). (6) Dihydrocodeine. (7) Diphenoxylate. (8) Fentanyl. (9) Isomethadone. (10) Levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM. This substance is authorized for the treatment of narcotic addicts under federal law (see Part 291 (commencing with Section 291.501) and Part 1308 (commencing with Section 1308.01) of Title 21 of the Code of Federal Regulations). (11) Levomethorphan. (12) Levorphanol. (13) Metazocine. (14) Methadone. (15) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane. (16) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid. (17) Pethidine (meperidine). (18) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine. (19) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate. (20) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid. (21) Phenazocine. (22) Piminodine. (23) Racemethorphan. (24) Racemorphan. (25) Sufentanyl. (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers. (2) Methamphetamine, its salts, isomers, and salts of its isomers. (3) Dimethylamphetamine (N,N-dimethylamphetamine), its salts, isomers, and salts of its isomers. (4) N-Ethylmethamphetamine (N-ethyl, N-methylamphetamine), its salts, isomers, and salts of its isomers. (5) Phenmetrazine and its salts. (6) Methylphenidate. (7) Khat, which includes all parts of the plant classified botanically as Catha Edulis, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts. (8) Cathinone (also known as alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone). (e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital. (2) Pentobarbital. (3) Phencyclidines, including the following: (A) 1-(1-phenylcyclohexyl) piperidine (PCP). (B) 1-(1-phenylcyclohexyl) morpholine (PCM). (C) Any analog of phencyclidine which is added by the Attorney General by regulation pursuant to this paragraph. The Attorney General, or his or her designee, may, by rule or regulation, add additional analogs of phencyclidine to those enumerated in this paragraph after notice, posting, and hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The Attorney General shall, in the calendar year of the regular session of the Legislature in which the rule or regulation is adopted, submit a draft of a proposed bill to each house of the Legislature which would incorporate the analogs into this code. No rule or regulation shall remain in effect beyond January 1 after the calendar year of the regular session in which the draft of the proposed bill is submitted to each house. However, if the draft of the proposed bill is submitted during a recess of the Legislature exceeding 45 calendar days, the rule or regulation shall be effective until January 1 after the next calendar year. (4) Secobarbital. (5) Glutethimide. (f) Immediate precursors. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone. Some trade or other names: phenyl-2 propanone; P2P; benzyl methyl ketone; methyl benzyl ketone. (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine. (B) 1-piperidinocyclohexane carbonitrile (PCC).SECTION 1.Section 14524 of the Government Code is amended to read: 14524. (a) Not later than July 15, 2011, and July 15 of each odd-numbered year thereafter, the department shall submit to the commission a 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 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, 2011, and August 15 of each odd-numbered year thereafter, the commission shall adopt a 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 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, 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 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, 2011, and December 15 of each odd-numbered year thereafter, a 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 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 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 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 pursuant to subdivision (e) from the commission during the following six fiscal years. (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 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 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 six years. The program shall include projects 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 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 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. (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. (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. (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 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 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 as follows: (1) The commission shall compute 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 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 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 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 and shall be submitted to the commission not later than May 1 immediately preceding the commencement of the 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 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) Individual county share shortfalls and surpluses at the end of each programming period, if any, shall be carried forward and credited or debited to the following 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 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.