Bill Text: CA AB2120 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2120 (Prior Session Legislation)

Bill Title: Transportation finance: federal funding: bridges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2120 Detail]

Download: California-2021-AB2120-Amended.html

Amended IN Assembly March 21, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2120

Introduced by Assembly Member Ward

February 14, 2022

An act to amend Sections 179.2, 2401, 2412, 2413, and 2414 of the Streets and Highways Code, relating to transportation finance.

LEGISLATIVE COUNSEL'S DIGEST

AB 2120, as amended, Ward. Transportation finance: federal funding: bridges.

Under existing law, the purpose of the Bridge Reconstruction and Replacement Act is to implement the federal Special Bridge Replacement Program in California. The act authorizes boards of supervisors, city councils, and the Department of Transportation to do all things necessary and proper to secure federal aid under that federal program. The act authorizes the department to allocate to counties and cities federal funds received for approved bridge reconstruction or replacement projects in accordance with procedures promulgated by the Director of Transportation, as specified. Existing law requires the California Transportation Commission, in allocating funds, and the department, in expending funds, for bridge replacement projects, to follow federal design standards, except as specified.

This bill would instead provide that the purpose of the act is to implement the federal Highway Infrastructure Program. The bill would authorize the above-described entities to do all things necessary and proper to secure federal ~~aid, without reference to any specific federal program.~~ funds instead under the federal Highway Infrastructure Program. The bill would instead require that the division and allocation of federal Highway Infrastructure Program funds occur pursuant to a specified formula approved by the ~~California Transportation Commission,~~ commission, and authorize the department to revise the other procedures for allocating federal bridge funding and selecting projects, as specified. The bill would require the commission to annually allocate, at minimum, certain amounts of federal National Highway Performance Program funds and federal Surface Transportation Block Grant Program funds to the department for local bridge repair and replacement projects, as specified. The bill would delete the requirement that federal design standards be followed, and would instead authorize federal Highway Infrastructure Program funds, federal National Highway Performance Program funds, and federal Surface Transportation Block Grant Program funds allocated pursuant to the act to be used for local bridge project costs only if the local bridge project is consistent with the most recent edition of specified design standards.

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

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

SECTION 1.

Section 179.2 of the Streets and Highways Code is amended to read:

179.2.

The department may allocate State Highway Account funds in lieu of the local matching requirements of subdivision (d) of Section 2413 to the extent funding for this purpose is included in the annual Budget Act.

SEC. 2.

Section 2401 of the Streets and Highways Code is amended to read:

2401.

By the federal Infrastructure Investment and Jobs Act (Public Law 117-58) of 2021, Congress has authorized appropriations for expenditures under the federal Highway Infrastructure Program to replace, rehabilitate, preserve, protect, or construct state and locally owned bridges. The purpose of this chapter is to implement this program in this state. The boards of supervisors, city councils, the department, and the commission may do all things necessary and proper in their respective jurisdictions to secure the federal funds under the program for county highways, city streets, and state highways in accordance with the intent of the federal act and this chapter.

SEC. 3.

Section 2412 of the Streets and Highways Code is amended to read:

2412.

The boards of supervisors, city councils, and the department may enter into cooperative agreements, and do all other things necessary and proper in their respective jurisdictions, to secure federal aid in accordance with the intent of this chapter.

SEC. 4.

Section 2413 of the Streets and Highways Code is amended to read:

2413.

(a) The department may allocate to the counties and the cities federal funds received for approved bridge reconstruction or replacement projects on county roads or city streets.

(b) The ratio for the division of federal bridge funds between state and local agency uses that was approved by the commission in Resolution G-97-05 (May 1, 1997) Procedure for Allocating Funds and Selecting Projects for the Federal Highway Bridge Replacement and Rehabilitation (HBRR) Program, shall apply to the division and allocation of federal Highway Infrastructure Program funds received by the state and dedicated to bridge projects pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58).

(c) Except as specified in subdivision (b), the department may revise the procedures for allocating federal bridge funding and selecting projects in cooperation with the counties and the cities and subject to approval by the commission.

(d) The cities and the counties may use any funds available to them to match funds made available to them under this chapter, if the use of funds for such matching purposes is not prohibited by federal law. “Match,” as used in this chapter, means to provide for the payment of the cost of any project to the extent that the cost is not to be reimbursed from federal funds.

SEC. 5.

Section 2414 of the Streets and Highways Code is amended to read:

2414.

(a) The Legislature finds and declares that it is in the state’s vital interest to participate fully in the federal Highway Infrastructure Program to replace, rehabilitate, preserve, protect, and construct state and locally owned bridges.

(b) (1) Federal Highway Infrastructure Program funds allocated for ~~state and~~ local bridge projects ~~available pursuant to the federal Infrastructure Investment and Jobs Act (Public Law 117-58)~~ pursuant to subdivision (b) of Section 2413 shall supplement and not supplant other federal funding ~~dedicated~~ allocated to local bridge repair and replacement projects in California pursuant to ~~paragraph~~ subsection (i) of Section 119 of of, or subsection (f) of Section 133 of, Title 23 of the United States Code.

(2) To the extent federal moneys are available and appropriated by the Legislature for these purposes, the commission shall annually allocate to the department federal funds for local bridge repair and replacement projects, as follows:
(A) From federal National Highway Performance Program funds, an amount equal to, or exceeding, the amount allocated in federal fiscal year 2020–21 for local bridge repair and replacement projects pursuant to subsection (i) of Section 119 of Title 23 of the United States Code.
(B) From federal Surface Transportation Block Grant Program funds, an amount equal to, or exceeding, the amount allocated in federal fiscal year 2020–21 for local bridge repair and replacement projects pursuant to subsection (f) of Section 133 of Title 23 of the United States Code.

(c) The department shall, with its available resources, expedite bridge replacement projects in order that federal funds be used to full advantage as soon as they become available.

(d)The commission, in allocating funds, and the department, in expending funds, for bridge replacement projects, shall follow federal design standards so that the projects will be eligible for federal funds, except that this subdivision shall not apply to a project if the commission finds by resolution, after a public hearing, that application of the federal design standards would adversely affect public health or safety or would significantly increase the cost of the project to the state.
(d) Federal Highway Infrastructure Program funds, federal National Highway Performance Program funds, and federal Surface Transportation Block Grant Program funds allocated pursuant to this chapter may be used for local bridge project costs only if the local bridge project is consistent with the most recent edition of the following applicable design standard:
(1) The American Association of State Highway and Transportation Officials Policy on Geometric Design of Highways and Streets.
(2) The American Association of State Highway and Transportation Officials Guidelines for Geometric Design of Low-Volume Roads.
(3) The National Association of City Transportation Officials Urban Street Design Guide.
(4) The National Association of City Transportation Officials Urban Bikeway Design Guide.

(e) This section does not affect the authority of the department to negotiate with the appropriate federal agency for the purpose of gaining approval of a project.